However, the maintenance described in this subdivision may be authorized only if the field tile:(A) is necessary to restore drainage of land adjacent to the wetland; and(B) does not have the effect of draining the wetland.(2) Dredge and fill activities with minimal impact that are at or below impact thresholds, including the activities analogous to those allowed under the nationwide permit program (as published in 67 Fed. Reg. 2077-2089 (2002)).(b) The maintenance of a field tile in a Class I wetland does not require a permit.(c) The board may adopt rules under IC 4-22-2 and IC 13-14 to establish and implement the general permits described in subsection (a).(d) The department may not authorize a wetlands activity described in subsection (a) unless the applicant:(1) identifies the water to be affected by the activity; and(2) provides a compensatory mitigation plan as set forth in section 6 of this chapter.As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9; P.L.1-2024, SEC.7.
Indiana Legal Code