Sec. 3. (a) The following shall be authorized by an individual permit:

(1) Wetland activity in a Class II wetland with an area, as delineated, of more than three-eighths (3/8) acre. This subdivision does not apply to the maintenance of a field tile within a Class II wetland under section 4(a)(1).

(2) Wetland activity in a Class III wetland.

     (b) The board shall adopt rules under IC 4-22-2 and IC 13-14 to govern the issuance of individual permits by the department under subsection (a).

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.6; P.L.160-2021, SEC.8.