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Wetlands policy bogged down

South Bend Tribune - 9/8

INDIANAPOLIS -- Lawmakers and others have started the hard work of crafting a state wetlands policy that could replace the swamp of laws and rules that now govern them.

It's a divisive issue. Indiana has lost about 85 percent of its original wetlands areas, and much of the remaining acreage is coveted on one side by

developers, industry and farmers, and on the other by conservationists.

Pro-economic development forces tried to push laws favorable to them through the Indiana General Assembly this year, while environmentalists backed new regulations proposed by the state Department of Environmental Management.

Lawmakers did not resolve the struggle but took two steps to assert their role in setting policy.

First, they forbade a state rule-making agency from adopting IDEM's proposed regulations until at least next year. Second, they directed a state advisory board to recommend new legislation for consideration next year.

That board, the Environmental Quality Service Council, launched work last week by appointing three work groups to tackle different wetlands issues -- wetlands categories, incentives for restoration and statutory authority.

According to participants, the larger topic -- wetlands -- is probably too broad for the EQSC to cover thoroughly in the allotted time. "But I think we can probably get into the framework of it," said Sen. Beverly Gard, R-Greenfield.

Gard leads the work group on statutory authority, which tried for two hours Friday to define key terms. The group also wrestled briefly with a more fundamental question: Should Indiana change current policies that rely on a nexus of federal and state laws and administrative regulations?

Gard answered yes, based on the General Assembly's directive to the EQSC and on two court decisions -- one federal and one state -- that have pushed the issue.

But she said the work groups can only succeed if they address broad principles of regulation, not every detail.

"I'm a little overwhelmed how we're going to get done in the next six weeks," she said.

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