Violations of Indiana’s State Isolated Wetlands Law
Any impacts to non-exempt isolated wetland require permits from IDEM. The authority of IDEM to regulate activities in isolated wetlands is granted by Indiana Code 13-18-22. Filling and grading work and the sidecasting of excavated material into isolated wetlands constitutes or otherwise involves discharges of dredged and/or fill material that fall under the regulatory authority of IDEM.
Any unauthorized discharge of dredged or fill material into Waters of the State may be treated as a knowing and willful violation of Indiana Code 13-18-22 and the Indiana Water Quality Standards (33 USC Sec. 1341, IC 13-18-4-5, and 327 IAC 2). Failure to comply with the terms and conditions of the aforementioned rules and regulations may result in IDEM enforcement action.
If IDEM inspectors observe unauthorized activities on your property, you will be sent an Inspection Summary/Notice of Violation within 45 days of the inspection date. This letter will specify what the IDEM inspector observed on the property and when the violation was noted. Within 30 days of the date of the Notice of Violation, the responsible party must submit a written agreement to restore the wetland along with a restoration plan and proposed schedule of implementation.
In limited instances, you may be offered the opportunity to apply for an After-the-Fact Isolated Wetland Permit. Any formal review of an After-the-Fact application for an Isolated Wetland Permit may result in denial of the application and a subsequent order for the wetland to be restored.
Failure to respond in a timely and sufficient manner to IDEM’s Notice of Violation Letter may result in a referral to IDEM’s Office of Enforcement and the imposition of monetary fines.