Holcomb asked to veto wetlands bill by environmental activists, Hoosiers

Editor’s note: This story has been updated.

More than 100 activists and residents from across the state are pleading with Gov. Eric Holcomb to veto a bill that would remove a large chunk of protections from Indiana’s wetlands, which were the target of a bill that opponents say could damage water supply, wildlife and vegetation.

Passing out of the Indiana Legislature on April 14, the controversial wetlands bill has sparked bipartisan opposition within the Republican-dominated General Assembly.

If enacted, SEA 389 would eliminate a 2003 law that requires the Indiana Department of Environmental Management to issue permits for construction and development in state-regulated wetlands and end enforcement proceedings against landowners accused of violating current law.

A letter made up of signatures from 110 organizations and individuals who oppose the measure was delivered Monday morning to Indiana Gov. Eric Holcomb, requesting that he veto the bill. Groups seeking to halt the bill from becoming law include statewide environmental and conservation groups, faith groups, county surveyors, municipalities, professional associations, and hunting and fishing groups.

Additionally, every Democratic member of the General Assembly, as well as a member of the Senate Republican Caucus, urged the Republican governor to veto the bill in a letter sent Wednesday. Holcomb initially voiced concerns over the measure in January, allowing the Indiana Department of Natural Resources and Indiana Department of Environmental Management to oppose the bill during early hearings.

Bill author Sen. Chris Garten maintains the current law is too vague, saying the removal of state protections would help developers and grow the housing market. During a Senate Committee on Environmental Affairs hearing earlier this year, Garten said the purpose of SB 389 would bring Indiana in line with the federal definitions and the most up-to-date Clean Water Act guidance.

The measure, which initially would have repealed Indiana’s laws regulating wetlands and left 80% of the state’s isolated wetlands without any protection, was amended to reduce regulation on certain land types and cut back on permitting costs.

However, a pair of second reading amendments in the Indiana House gutted regulation on all Class I wetlands in the state, and much of Class II wetlands, poisoning the compromise reached between opponents of the measure and lawmakers.

“The rushed, exclusive nature of this process minimized the role of experts and ended up with a bad act,” said John Ketzenberger, director of government relations at The Nature Conservancy, during a Monday press conference.

According to IDEM, Class I wetlands represents more than 58% of the state’s remaining wetlands, while Class II wetlands make up roughly 40%. If passed into law, the bill as currently amended will wipe out state protections for more than 60% of remaining Indiana wetlands.

Indra Frank, MD, MPH, director of environmental health and water policy at Hoosier Environmental Council, said the letter to Holcomb represents unprecedented unity of Hoosiers and other organizations.

“This bill revises the law in harmful way that will cost the state dearly. We want the governor to know that there is a better way. There are policy options that are supported by science that need to be explored,” Frank said.

Arcadia farmer Rodney Rulon, who works directly with wetlands on his farmland, says he also opposes the measure. Working around regulations from both state and federal agencies when it comes to wetlands, Rulon says the knee jerk reaction is be on board to remove one of the layers when the opportunity arises.

“But the truth is when I sit back and look at it, as farmer, I am a steward of the land… I need to be sure that I am protecting our land and water resources. Doing away with the wetlands regulations simply flies in the face of that,” he said.

“I understand the knee jerk reaction and the desire to do away with a layer of regulation, but I just don’t feel that is in the best long term of anyone, especially us as farmers when we look at the impact we are having on the landscape and protecting the water resources.”

The governor’s office said Friday that Holcomb would review the bill, but hasn’t commented yet on what action he plans to take on the measure. Even if the governor does veto the measure, the legislature can still override it.

Ketzenberger said if that happens, activists will be disappointed but the next step will be to work with the Indiana wetlands taskforce through the process.

“Hopefully we can come back and rectify some of these losses that have occurred,” he said, “but that is a tall hill to climb and we hope we won’t have to.”