327 Ind. Admin. Code 17-1-5

Current through December 4, 2024

Section 327 IAC 17-1-5 - Compensatory mitigation for state regulated wetlands

Authority: IC 13-18-3-1; IC 13-18-22-1; IC 13-18-22-6; IC 13-18-22-7

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

Sec. 5.

(a) Except as otherwise specified in subsection (b), compensatory mitigation, where required under this article, shall be provided in accordance with the following table:

Wetland Class	Replacement Class	On-Site Ratio	Off-Site Ratio
Class I	Class II or III	1 to 1	1 to 1
Class I	Class I	1.5 to 1	1.5 to 1
Class II	Class II or III	1.5 to 1 Nonforested 2 to 1 Forested	2 to 1 Nonforested 2.5 to 1 Forested
Class III	Class III	2 to 1 Nonforested 2.5 to 1 Forested	2.5 to 1 Nonforested 3 to 1 Forested

(b) The compensatory mitigation ratio shall be lowered to one to one (1:1) if the compensatory mitigation is completed before the initiation of the wetland activity.

(c) The off-site location of compensatory mitigation must be within the same:

(1) eight (8) digit U.S. Geological Service hydrologic unit code; or

(2) county; as the isolated wetlands subject to the authorized wetland activity.

(d) Exempt isolated wetlands may be used to provide compensatory mitigation for wetlands activities in SRWs. An exempt isolated wetland that is used to provide compensatory mitigation becomes a SRW.

(e) Mitigation plans required under section 3(9)(B) of this rule and 327 IAC 17-4-3(7) shall contain monitoring provisions that are sufficient to monitor the performance of the compensatory mitigation wetland until it is demonstrated to successfully offset the loss of wetlands authorized by the permit.

(f) If, after a reasonable monitoring period, the department finds that the compensatory mitigation does not successfully offset the loss of wetlands authorized by the permit consistent with section 1(b)(2) of this rule, the department shall take actions as necessary to ensure compliance with this article.

327 IAC 17-1-5

Water Pollution Control Board; 327 IAC 17-1-5; filed May 25, 2005, 10:45 a.m.: 28 IR 2971; 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 5/12/2023, 1:07 p.m.: 20230607-IR-327230079BFA