A House committee has passed legislation that would lead to the destruction of some of the state’s highest quality wetlands, including dozens of acres throughout Marion County.

The House Committee on Environmental Affairs on Wednesday, Jan. 17 voted 8-4 to pass House Bill 1383, which would make it more difficult for existing wetlands to qualify as Class III, the classification that adds protections for the state’s most significant wetlands. Republicans voted in favor of the bill and Democrats opposed it.

Under current state law, developers need to receive a state wetland permit in order to build anything on Class III wetlands. The permitting process is easier on wetlands without that designation.

The U.S. Supreme court’s decision last year in Sackett v. Environmental Protection Agency decreased the number of wetlands that fall under federal jurisdiction, leaving the door open for state lawmakers to erode the protections.

Environmentalists are concerned, because wetlands are nature’s water purification and management system. They soak up excess stormwater underground and slowly release it, helping to control how much water runs through local waterways to control flooding.

“Right now, Indiana is receiving about six inches a year more rain than we used to, which sounds good until you look at how it’s distributed,” said Rachele Baker, a wetland consultant and member of the Indiana Wetlands Association. “We’re getting a lot of rain during planting season and during harvest season, and not a lot during growing season. And so wetlands are part of the solution for that problem.”

Wildlife also depends on wetlands.

“Many breeding marsh birds depend on wetlands, and wetlands are declining across the Midwest,” testified Audubon Great Lakes policy director Adam Forrer. “Sixteen of those species that rely on wetlands are listed as endangered or threatened in Indiana.”

The bill’s author, Rep. Alan Morrison, R-Brazil, indicated he cares about the environment but believes the state needs to strike a better balance.

“I don’t want to see anything but the best and most pristine environment possible,” said Morrison, who also chairs the committee. “But we also have to balance that with progress and development. I know that it might be some people’s goal to go back to what the scene on the state seal is, but that will never happen, right?”

Few wetlands remain in the state

The Republican supermajority has been eroding the state’s wetlands protections for years.

In 2021, state lawmakers approved Senate Enrolled Act 389, which eliminated state permitting and mitigation requirements for all of the wetlands recognized by the state as Class I wetlands, the lowest quality. The law also reduced permitting requirements for the higher-quality Class II wetlands. That bill was written by lawmakers who are members of the Indiana Builders Association: Sens. Chris Garten, R-Charleston; Mark Messmer, R-Jasper; and Linda Rogers, R-Granger.

According to the Hoosier Environmental Council, the law resulted in the destruction of 261 acres of valuable wetlands in a two-year span.

Only about 10% of the state’s original wetlands remain, including less than 25,000 acres of the state’s highest quality wetlands.

It’s an issue affecting Indianapolis, too.

A proposed development in Franklin Township would fill in wetlands to facilitate a project that includes warehouses and retail near the border with Greenwood. The area currently is home to bald eagles, great horned owls, pileated woodpeckers, great egrets, great blue herons and other bird species.

Attempt failed to pass legislation last year

Rep. Doug Miller, R-Elkhart, a former Builders Association president and current real estate broker, attempted to add similar language to Senate Bill 414 last year.

Since then, stakeholders have been talking about a compromise bill. For instance, this year’s legislation would reduce the percentage of certain types of Class II wetlands that can be developed without a permit.

“We’re asking you to find a reasonable course of action to still regulate Indiana’s isolated wetlands but also allow for economic development and growth to occur, to continue to grow our tax base across the state of Indiana while protecting Indiana’s most high quality, sensitive, isolated wetlands,” Indiana Builders Association CEO Rick Wajda testified Wednesday.

HB 1383 will now be considered by the full Indiana House of Representatives, which could vote on the bill as early as next week.

Mirror Indy reporter Enrique Saenz covers west Indianapolis. Contact him at 317-983-4203 or enrique.saenz@mirrorindy.org. Follow him on X @heyEnriqueSaenz.