Ind. Admin. Code tit. 312, r. 10-2-39 – "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" defined

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 39. "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" means damage to fish, wildlife, or botanical resources that is found likely to occur by the director based upon the opinion of a professional qualified to assess the damage and:

(1) creates a condition where recovery of the affected resources is not likely to occur within an acceptable period; and
(2) cannot be mitigated through the implementation of a mitigation plan approved by the director.

(Natural Resources Commission; 312 IAC 10-2-39; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR- 312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)