(1) “Class I wetland” means an isolated wetland described by one (1) or both of the following:

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(i) Removal or replacement of the natural vegetation.

(ii) Modification of the natural hydrology.

(B) The wetland supports only minimal wildlife or aquatic habitat or hydrologic function because the wetland does not provide critical habitat for threatened or endangered species listed in accordance with the Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.) and the wetland is characterized by at least one (1) of the following:

(i) The wetland is typified by low species diversity.

(ii) The wetland contains greater than fifty percent (50%) areal coverage of non-native invasive species of vegetation.

(iii) The wetland does not support significant wildlife or aquatic habitat.

(iv) The wetland does not possess significant hydrologic function;

(2) “Class II wetland” means one (1) of the following:

(A) An isolated wetland that supports moderate habitat or hydrological functions, including an isolated wetland that is dominated by native species but is generally without:

(i) the presence of; or

(ii) habitat for;

rare, threatened, or endangered species.

(B) A type of wetland listed in subdivision (3)(B)(i) through (3)(B)(vi) that:

(i) is located in a setting more than minimally disturbed by human activity or development; or

(ii) supports less than minimal wildlife or aquatic habitat or hydrologic function.

(3) “Class III wetland” means an isolated wetland:

(A) that is at least one (1) of the following rare and ecologically important types:

(i) Acid bog.

(ii) Acid seep.

(iii) Circumneutral bog.

(iv) Circumneutral seep.

(v) Cypress swamp.

(vi) Dune and swale.

(vii) Fen.

(viii) Forested fen.

(ix) Marl beach.

(x) Muck flat.

(xi) Panne.

(xii) Sand flat.

(xiii) Sinkhole pond.

(xiv) Sinkhole swamp; or

(B) that is located in a setting undisturbed or minimally disturbed by human activity or development and that supports more than minimal wildlife or aquatic habitat or hydrologic function and that is at least one (1) of the following rare and ecologically important types:

(i) Forested swamp.

(ii) Sedge meadow.

(iii) Shrub swamp.

(iv) Wet floodplain forest.

(v) Wet prairie.

(vi) Wet sand prairie.

     (b) For purposes of this section, a wetland or setting is not considered disturbed or affected as a result of an action taken after January 1, 2004, for which a permit is required under IC 13-18-22 but has not been obtained.

     (c) A wetland shall be classified by the function of the wetland prior to an impact if the impact:

(1) lowered hydrology or habitat function in the wetland; and

(2) would result in a lower classification but for this subsection.

As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004, SEC.1; P.L.160-2021, SEC.1; P.L.1-2024, SEC.1.