Section 327 IAC 17-4-8 - Reasonable alternative demonstrationAuthority: IC 13-18-3-1; IC 13-18-22-1; IC 13-18-22-7
Affected: IC 13-18-3; IC 13-18-4
Sec. 8.
A wetland activity is considered to be without reasonable alternative if:
(1) an executive of the county or municipality in which the wetland is located issues a resolution stating that the wetland activity is without reasonable alternative to achieve a legitimate use proposed by the applicant on the property on which the wetland is located; (2) a local government entity that has authority over the proposed use of the property on which the wetland is located issues a permit or other approval stating that the wetland activity is without reasonable alternative to achieve a legitimate use proposed by the applicant on the property on which the wetland is located; or(3) the department, in the absence of a local determination under this section, determines the wetland activity is without reasonable alternative to achieve a legitimate use proposed by the applicant on the property on which the wetland is located.Water Pollution Control Board; 327 IAC 17-4-8; filed May 25, 2005, 10:45 a.m.: 28 IR 2980; readopted filed Jun 15, 2011, 11:15 a.m.: 20110713-IR-327110193BFAReadopted filed Jun 29, 2017 9:34 a.m.: 20170726-IR-327170225BFAReadopted filed 5/12/2023, 1:07 p.m.: 20230607-IR-327230079BFA