General permits for wetland activities; adoption of rules

Sec. 4. (a) The following shall be authorized by a general permit: (1) The maintenance of a field tile within a Class II wetland. However, the maintenance described in this subdivision may be authorized only if the field tile: (A) is necessary to restore drainage of land adjacent to the wetland; and (B) does not have the effect of draining the wetland. (2) The maintenance of a field tile within a Class III wetland. However, the maintenance described in this subdivision may be authorized only if: (A) the maintenance of the field tile: (i) is necessary to restore drainage of land adjacent to the wetland; and (ii) does not have the effect of draining the wetland; and (B) the applicant obtains a site-specific approval for the maintenance of the field tile under section 12 of this chapter. (b) The maintenance of a field tile in a Class I wetland does not require a permit. (c) The board shall adopt rules under IC 4-22-2 and IC 13-14 to establish and implement the general permits described in subsection (a). As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9.