Authority: IC 13-18-3-1; IC 13-18-22-1; IC 13-18-22-7

Affected: IC 13-18-3; IC 13-18-4

Sec. 7. The following wetland activities are exempt from permitting under this article:

1. (1) The discharge of any of the following in a de minimis amount:

   1. (A) Dirt.
   2. (B) Sand.
   3. (C) Rock.
   4. (D) Stone.
   5. (E) Concrete.
   6. (F) Other inert fill materials.

2. (2) A wetland activity at a surface coal mine for which the department of natural resources has approved a plan to:

   1. (A) minimize, to the extent practical using best technology currently available, disturbances and adverse effects on fish and wildlife;
   2. (B) otherwise effectuate environmental values; and
   3. (C) enhance those values where practicable.

3. (3) Any activity listed under Section 404(f) of the Clean Water Act, including the following:

   1. (A) Normal farming, silviculture, and ranching activities, such as any of the following:

      1. (i) Plowing.
      2. (ii) Seeding.
      3. (iii) Cultivating.
      4. (iv) Minor drainage.
      5. (v) Harvesting for the production of food, fiber, and forest products.
      6. (vi) Upland soil and water conservation practices.

   2. (B) Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures, such as the following:

      1. (i) Dikes.
      2. (ii) Dams.
      3. (iii) Levees.
      4. (iv) Groins.
      5. (v) Riprap.
      6. (vi) Breakwaters.
      7. (vii) Causeways and bridge abutments or approaches.
      8. (viii) Transportation structures.
   3. (C) Construction or maintenance of farm or stock ponds or irrigation ditches or the maintenance of drainage ditches.
   4. (D) Construction of temporary sedimentation basins on a construction site that does not include placement of fill material into the navigable waters.

   5. (E) Construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where the roads are constructed and maintained, in accordance with best management practices to assure the following:

      1. (i) Flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired.
      2. (ii) The reach of the navigable waters is not reduced.
      3. (iii) Any adverse effect on the aquatic environment will be otherwise minimized.

(Water Pollution Control Division; 327 IAC 17-1-7; filed May 25, 2005, 10:45 a.m.: 28 IR 2972; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFA; readopted filed Jun 29, 2017, 9:34 a.m.: 20170726-IR-327170225BFA; readopted filed May 12, 2023, 1:07 p.m.: 20230607-IR-327230079BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR- 327230810RFA)