Indiana sewage bill — amended to reduce wetlands protections — passes House

A controversial bill that Republican state lawmakers claim will clarify definitions in the state’s wetlands law passed out of the House 62-31 Tuesday and now heads back to the Senate chamber. 

The original Senate Bill 414 detailed the storage of residential sewage and had bipartisan support, but environmental groups say last week’s wetlands addition narrows the definition of Indiana’s Class 3 wetlands — meaning even fewer wetlands would get state protections. 

It’s a welcome change for builders, who in recent years have pressed elected officials to decrease wetlands regulations, which they say limit their construction abilities. Democrats, however, remain vehemently opposed.

“Indiana is a wet state and getting wetter,” Rep. Carey Hamilton, D-Indianapolis, said Tuesday from the House floor. “Hoisting the cost of this poor decision on future taxpayers … this bill is irresponsible and dangerous.”

Rep. Sue Errington, D-Muncie, added, “Is building one more McMansion worth losing another acre of wetlands?”

The changes to the bill closely mirror a law adopted in 2021 that removed protections for Class 1 wetlands. Although considered to be less pristine, those wetlands still help reduce flooding and improve water quality. 

At the time, supporters said that move would help developers and farmers to work on their land.

Back again

But developers returned to the Statehouse this session to lobby for additional wetlands rollbacks. They say the Indiana Department of Environmental Management (IDEM) has been upgrading Class 1 wetlands to Class 2 and Class 3 statuses, which are still regulated by the state.

A last-minute amendment offered in the House environmental committee by Rep. Doug Miller, R-Elkhart, tightened restrictions on which wetlands could receive state protections.

The amended provision makes it harder for a wetland to be considered anything but Class 1 and would eliminate the possibility of any Class 1 or Class 2 wetlands being elevated to the most-protected Class 3 status.

The amendment came “so late” that Democrats said they didn’t have time to review it, despite its controversial nature. Citizens also didn’t have advance notice to testify on the topic.

Shortly after the meeting concluded, Democrats on the committee fired back against Miller, who is a member of the Indiana Builders Association.

“It’s clear Republicans are beholden to special interests and want to line their pockets no matter the cost,” Democratic lawmakers said in a joint statement. “They want to build, to enrich without care for drinking water quality, flood mitigation or critical wildlife habitat.. (and to) do this at the end of the legislative process so that that provision can pass through with little public input or oversight.”