The Issue

Photo credit: Andrew Cox

Wetlands Policy

Federal and state policies have weakened wetland protections, favoring development over the vital benefits these ecosystems provide. Legislative changes have made it easier for developers to destroy wetlands for agriculture, commercial, or residential use.

Examples include:

2021: SEA 389 (Senate Enrolled Act)

The 2021 Indiana law, Senate Enrolled Act 389 (SEA 389), weakened wetland protections. It removed protections for lower-quality “Class I” wetlands and reduced protections for “Class II” wetlands. Before this law, these wetlands were safeguarded by the state’s Isolated Wetlands Law, but SEA 389 removed protections for about half of Indiana’s remaining wetlands. This change makes many wetlands not covered by federal laws more vulnerable to development, increasing flooding risks, water pollution, and loss of wildlife habitat.

2023: Sackett v. EPA

The 2023 Supreme Court decision in Sackett v. EPA limited the wetlands protected under the Clean Water Act. The Court ruled that only wetlands directly connected to navigable waters are protected, excluding many isolated or seasonally connected wetlands. This ruling removes federal safeguards from numerous wetlands, leaving them more vulnerable to development, pollution, and destruction, which could harm important services like flood control, water cleaning, and wildlife habitat. As a result, many states and local governments are considering stronger protections to fill the gap left by reduced federal oversight, but not Indiana.

2024: House Bill 1383

The bill proposes changes that could reduce oversight of wetlands by eliminating certain classification rules. One key change is reclassifying some higher-protection Class III wetlands to Class II, which already has limited protections, especially after 2021 legislation weakened wetland laws. This could lead to more development in areas that were previously better protected, raising concerns about impacts on wildlife, water quality, and local ecosystems. Overall, HB 1383 reflects the ongoing debate between prioritizing economic development and protecting the environment. 

Wetlands in Indiana

 

In the 1800s, Indiana’s wetlands became the subject of widescale drainage projects that aimed to turn swampland into something economically viable. From forested floodplains to mossy bogs, wetland ecosystems were drained and replaced by farmland to pave the way for America’s growth.

Pipes and ditches were historically used to convert wetlands into farmland; these features are still used today. However, pipe infrastructure is becoming outdated, which has left existing farmland exposed to periodic flooding. This is an example of wetlands, which were once a part of the landscape, trying to reestablish themselves on farmland.

 

It is estimated that Indiana has lost over 85 percent of its original wetland cover, including what was once considered the largest inland wetland in the United States, the Grand Kankakee Marsh.

In the words of
Amos Butler

“Perhaps nowhere could America show more magnificent forests of deciduous trees, or more noble specimens of the characteristic forms than existed in the valleys of the Wabash and Whitewater.”

…one of the very richest forests of deciduous hardwood trees on the continent.

John Muir

How Deforestation Affects Wetlands

The loss of forests in Indiana has significant adverse effects on our wetlands, impacting their ecological health and ability to provide essential services.

Increased Runoff and Erosion

Forests play a crucial role in absorbing rainwater and reducing runoff. When forests are cleared, the land becomes more susceptible to erosion, increasing wetland sedimentation. This sediment can clog waterways, disrupt aquatic habitats, and alter the natural hydrology of the wetland areas.

Reduced Water Quality

Forests act as natural filters, improving water quality by trapping pollutants and excess nutrients before they enter wetlands. Deforestation can lead to a rise in nutrient runoff (such as nitrogen and phosphorus), which can cause algal blooms in wetlands, depleting oxygen levels and harming aquatic life.

Altered Hydrology

Tree removal affects the local water cycle. Forests help maintain groundwater levels by facilitating infiltration. Without forests, groundwater recharge may be reduced, which can lower water levels in nearby wetlands, compromising their ecological integrity.

Loss of Biodiversity

Wetlands are home to various plant and animal species that rely on forest ecosystems for habitat and food sources. The loss of forests can lead to habitat fragmentation and a decline in species that depend on forest and wetland environments, thereby reducing overall biodiversity.

Increased Flooding

Forests help to absorb excess rainfall and slow down floodwaters. Their removal can lead to increased flood risk in adjacent wetland areas, resulting in habitat loss and increased vulnerability of wetland ecosystems to disturbances.

Climate Change Effects

Forests sequester carbon, helping to mitigate climate change. Their loss can contribute to increased greenhouse gas emissions, further exacerbating climate impacts that can alter wetland conditions, such as shifts in precipitation patterns and increased temperatures.

Wetlands AND Warehouses?

We can have both!

Supporting economic growth doesn't have to come at the expense of vital ecosystems. By practicing responsible development in Indiana, we can protect natural resources while ensuring a sustainable future for our communities.

Help Protect Indiana's Wetlands.
Join HEC Today!