Indiana Stream and Wetland Mitigation Program
The Indiana DNR’s in-lieu fee (ILF) program, the Indiana Stream and Wetland Mitigation Program (IN SWMP) has been approved. The effective date of program approval for the DNR to sell credits is May 3, 2018
Purpose of the ILF program
The DNR’s ILF program allows the DNR to sell stream and wetland mitigation credits that can be used for compensatory mitigation for unavoidable impacts to waters of the United States and isolated wetlands in the State of Indiana. Permits are required by the Corps in accordance with Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) for work in or affecting traditionally navigable “waters of the United States” and in accordance with Section 404 of the Clean Water Act (CWA) for the discharge of dredged and/or fill material into “waters of the U.S.,” and by IDEM under Section 401 Water Quality Certification of the CWA and Indiana’s Isolated Wetlands law (Indiana Code 13-18-22).
Additionally, the Indiana Natural Resources Commission (NRC) adopted new rules allowing for an ILF for permits for construction in a floodway, public freshwater lake or navigable waterway issued by the DNR Division of Water under the Flood Control Act, Lakes Preservation Act or Navigable Waterways Act. While this rule was formally adopted by the NRC, it is not yet in effect. The DNR Division of Fish & Wildlife is working on a non-rule policy document that will assist the DNR and the regulated community on how the ILF option will be carried out.
Previously, these permits required an applicant to restore aquatic resources and habitat either (1) at or near the project site, or (2) using an approved mitigation bank. The ILF program adds a mitigation option for permit applicants.