312 Ind. Admin. Code 11-2-23

Current through December 4, 2024

Section 312 IAC 11-2-23 - "Significant environmental harm" defined

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

Sec. 23.

"Significant environmental harm" means damage to natural or cultural resources, the individual or cumulative effect of which is found by the director or a delegate to be obvious and measurable (based upon the opinion of a professional qualified to assess the damage) and that:

(1) creates a condition where recovery of affected resources is not likely to occur within an acceptable period; and

(2) cannot be adequately mitigated through the implementation of a mitigation plan approved by the director.

312 IAC 11-2-23

Natural Resources Commission; 312 IAC 11-2-23; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2222; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR-312110042RFA

Readopted filed 7/19/2017, 3:46 p.m.: 20170816-IR-312170133RFA

Readopted filed 3/22/2023, 4:07 p.m.: 20230419-IR-312230066RFA