Search Site   
Current News Stories
Solar eclipse, new moon coming April 8
Mystery illness affecting dairy cattle in Texas Panhandle
Teach others to live sustainably
Gun safety begins early
Hard-cooked eggs recipes great for Easter, anytime
Michigan carrot producers to vote on program continuation
Suggestions to celebrate 50th wedding anniversary
USDA finalizes new ‘Product of the USA’ labeling rule 
U.S. weather outlooks currently favoring early planting season
Weaver Popcorn Hybrids expanding and moving to new facility
Role of women in agriculture changing Hoosier dairy farmer says
   
News Articles
Search News  
   
Task force will examine Indiana’s drainage regs
 
By Michele F. Mihaljevich
Indiana Correspondent

INDIANAPOLIS – A task force created by legislation passed by the Indiana General Assembly earlier this year will study drainage regulation in the state.
Specifically, the group will review the responsibilities of landowners and state and local authorities according to current laws relating to the drainage of land. It will make determinations concerning drainage and regulatory matters based on its findings, such as whether authority over drainage matters is shifting from county drainage boards to state authorities. The task force will also determine whether the balance between state authority and local authority over drainage of agricultural land favors state authority more in Indiana than in neighboring states.
The bill’s author – Sen. Jean Leising (R-42nd district) – didn’t know at press time when the 19-member task force would begin its work. The measure requires the task force to submit a report, including any recommendations, to Gov. Eric Holcomb and legislators by Dec. 1, 2023.
The task force will be made up of six senators and six representatives. The remaining members are to be appointed by the governor: one representative each from the state departments of natural resources and environmental management, a soil and water conservation district and the Indiana Chapter of the American Society of Farm Managers and Rural Appraisers, Inc.; a county surveyor; a county drainage board member; and a member of a statewide farm organization.
The legislation (Senate bill 85) passed in the Senate by a vote of 45-2 and in the House, 91-4. It was signed by Holcomb in early March.
Leising crafted the legislation after heavy rains in the summer of 2021 caused flooding in her rural district, and constituents in her district contacted her for help.
“I reached out to DNR (Indiana Department of Natural Resources) and asked what a farmer could legally do because they had basic damage on their property,” she explained. “The first thing they told me was they have to get a permit. But this is on their property, they’re not trying to make a major change. If a tree has fallen over, can the owner cut the tree and not take out the root ball?
“I also asked how long does it take to get a permit. I was told 90 days after the paperwork is submitted. It takes lots of time to fill out the permit application.”
If landowners go to the local drainage board, they’re pointed to the state, Leising said. “Maybe we need to figure out why we’re not using any common sense on this. I’ve been told Indiana has more pages of rules and regulations on this than surrounding states. Most state legislators were unaware this was even a problem. It seems we have a lot of over-regulation in Indiana. I’m hoping the task force can get to the bottom of some of this. We can’t throw the baby out with the bathwater – some of these rules are probably necessary. I wonder if agriculture could be exempt from these rules. In some states, agriculture doesn’t need a permit for these common sense things.”
Leising hopes the task force comes up with recommendations that could be turned into legislation to be considered by the General Assembly. “I’m anxious to see what the task force comes up with. The task force needs to hear from people. If I’ve heard from five constituents, I know there’s a whole lot more who wanted to talk with me as well.”
During a January 2022 hearing before the Senate natural resources committee, an IDNR representative spoke in favor of the legislation.
“We believe Senate bill 85 and the task force created will provide a good forum to discuss a variety of issues, including the flood control act and drainage districts, which fall under the department’s title 14,” said Caitlin Smith, IDNR legislative director. “We are happy to provide technical feedback information and assistance when it comes to diving deeper and fully understanding these topics. We strive to work in partnership with locals and legislators, and believe Senate bill 85 provides an opportunity for the department to present information on a greater scale.”
Jeff Cummins, associate director for policy engagement for Indiana Farm Bureau, said he hopes the task force is able to learn more about the “why” behind Indiana’s drainage regulations.
“What we ought to do is dig in a little more because we have learned we’re more stringent than a couple of our neighbors,” he noted. “So let’s peel back the layers of the onion and figure out why. Is it appropriate we’re somewhat more stringent? Should we dial it back?
“My main objective is almost outcome neutral because I want to know the why behind some of their regulations. If it comes out that we should change the rules, fine. If it comes out that we shouldn’t, fine. As long as we know the why and can explain it. If we’re going to be more stringent than and we’re going to have more communities, homeowners, builders, developers and farmers have to sift through these different layers of floodway regulations, let’s make sure it’s the right thing to do. And that it really is with the objective of protecting life, limb and property from water and floods.”
Cummins said he didn’t want to give the impression that he’s looking for a wholesale repeal of major portions of IDNR authority. “I do think there are some things in there that can be clarified further in their rules. If it’s an outcome that’s just clarification revisions to rules, I think that’s good, too.”
If the task force concludes certain rules and regulations need to stay in place, the approval process should be streamlined and simple to do, he added.
IDNR and the Indiana Department of Environmental Management have a website – www.waterways.in.gov – that farmers and landowners can use to help determine if a permit is necessary for drainage work, Cummins said. Once details are submitted, applicants should find out if a permit is necessary from either agency, neither, or both.
Steve Slonaker, owner of Slonaker Farm Management, said he would encourage the task force to look at the drainage code manual for Ohio. Indiana’s current drainage handbook is 494 pages, while Ohio’s is 161 pages.
“Ohio’s might be a model for Indiana,” he said. I don’t think you can manage millions of acres of farmland from a computer portal in Indianapolis. We can’t operate in modern agriculture with these kinds of impediments, delays, costs, everything coming out of Indianapolis.”
5/17/2022