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Experts raise concerns after governor rolls back decades of protections: 'Saying this is a good bill is a lie'

Builders and property developers "roundly applauded" the bill, saying it would speed up permitting processes.

Builders and property developers “roundly applauded” the bill, saying it would speed up permitting processes.

Photo Credit: Indiana Department of Environmental Management

Indiana Governor Eric Holcomb recently signed a bill reducing protections for vulnerable wetlands, raising concerns for environmental and public health advocates.

What's happening?

The Indiana Capital Chronicle reported on the bill, which eliminated the highest level of protection granted to wetlands in the state.

Previously, wetlands were grouped into three classes — with Class I having no protection, Class II having some, and Class III having full protection — now the Class III wetlands will be treated as Class II.

While builders and property developers "roundly applauded" the bill, saying it would speed up permitting processes, the Chronicle reported that environmental advocates "decried the measure for endangering state's wetlands."

This loss of protection is further amplified by a 2023 Supreme Court ruling, which obliterated wetland federal protections under the Clean Water Act. It has many concerned about Indiana's future.

Shannon Flannigan at the Indiana Department of Environmental Management spoke with IndyStar about the bill. While she said that testimony in the state's House "gave the impression that the bill is backed by IDEM and good for the environment," it was not backed by IDEM's field team and it "absolutely is not."

"It's a facade to say it's a good bill, IDEM saying this is a good bill is a lie," Flannigan said. "It's not good for wetlands and it's not good for water quality. If people want clean water, they should not support this bill."

Why is wetland protection important?

Wetlands provide critical environmental functions, according to Indiana's website. They catch and hold stormwater, reducing flooding. They foster biodiversity (defined here by the American Museum of Natural History). They soak up excess nutrients in soil, which the Chronicle said is particularly important for elements like nitrogen and phosphorus, both of which are toxic in great quantities.

Wetlands also filter, clean, and restock underground aquifers. Given that 70% of Indiana's residents rely on these aquifers for their drinking water, this is no small factor to consider, the Chronicle reported.

Unfortunately, Indiana had already lost more than 85% of its wetlands in the last century, per IndyStar, and this bill is projected to continue that trajectory. 

"We are in a place in Indiana where we can't lose any more wetlands," said Indra Frank of the Hoosier Environmental Council, per IndyStar.

What's being done about this?

IndyStar reported that Representative Sue Errington, of the House Environmental Affairs Committee, "believes she has a better solution for all interested parties."

She proposed an amendment that would instead remove the class system entirely and model Indiana's wetlands regulations after an existing, simpler federal program.

The parties opposed to the existing bill are anxious to see whether this proposed amendment gains traction.

It's "astronomically better," Flannigan said.

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