312 Ind. Admin. Code 10-2-39

Current through November 6, 2024
Section 312 IAC 10-2-39 - "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

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.

312 IAC 10-2-39

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 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFA
Readopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA