Ind. Admin. Code tit. 312, r. 10-5-1 – Wetland restoration measures

Affected: IC 4-21.5; IC 14-28-1; IC 14-29-1-8

Sec. 1. (a) This section governs the placement of a wetland restoration measure in or on a floodway.

(b) Except as provided in this section, a license is required under IC 14-28-1, IC 14-29-1, and 312 IAC 10-3 to place a wetland restoration measure in or on a floodway.

(c) The placement of a wetland restoration measure is exempted from IC 14-28-1, IC 14-29-1, and 312 IAC 10- 3 if the person placing the wetland restoration measure does or establishes the following:

(1) Provide written notification sufficient for the department to determine if the proposed activity conforms with this subsection. The department shall, within ten (10) days (excluding Saturdays, Sundays, and legal holidays) of the receipt of the notice, raise any objection to the placement of the restoration measure as proposed. If the department raises no objection, the proposed activity is deemed qualified for the exemption. If an objection is raised, the person shall do one (1) of the following:
1. (A) Modify the activity to satisfy the concerns raised in the objection and provide the department with another notification under this subdivision.
2. (B) File a permit application under subsection (b) for the placement of the wetland restoration measure.
3. (C) Seek administrative review of the objection under IC 4-21.5 and 312 IAC 3-1.
4. (D) Withdraw the notification and abandon the project.
(2) The design, construction, and maintenance of the measure will not, considering its individual and cumulative effects, do any of the following:
1. (A) Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway.
2. (B) Constitute an unreasonable hazard to the safety of life or property.
3. (C) Result in unreasonable detrimental effects upon fish, wildlife, or botanical resources.
4. (D) For a navigable waterway, be contrary to IC 14-29-1-8(c) or 312 IAC 6.
(3) The measure will be constructed under the direction of, or coordinated with, the United States Fish and Wildlife Service, the United States Natural Resources Conservation Service, or the department.
(4) The measure does not obstruct more than five percent (5%) of the cross section of the flood plain during a regulatory flood.
(5) The measure will not remove more than one (1) acre of forest.
(6) Following the completion of construction, disturbed areas will be reclaimed and revegetated. Disturbed areas will be mulched with straw, wood fiber, or other suitable material. To prevent erosion until revegetated species are established, mulch shall be anchored by crimping, tackifers, or netting or erosion control blankets shall be applied. To the extent practicable, revegetation must restore species native to the site. If revegetation with native species is not practicable, revegetation shall be performed by planting a mixture of:
1. (A) red clover;
2. (B) orchard grass;
3. (C) perennial rye grass;
4. (D) brome grass; or
5. (E) another species;
approved by the department as being suitable to site and climate conditions.
(7) Any excavation that blocks a drain tile does not permanently alter the natural ground elevation.
(8) The streamward toe of a constructed berm or levee is at least one hundred (100) feet landward from the top of the bank of the waterway.
(9) The construction of a berm or levee is limited to one (1) side of the waterway and where there is no other berm or levee within two thousand (2,000) feet on the same waterway.
(10) The elevation of a berm or levee is no more than two (2) feet higher than the natural ground surface measured at the lowest point along the berm or levee.

(Natural Resources Commission; 312 IAC 10-5-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3393, 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)