CHAPTER 4. ENVIRONMENTAL IMPACT STATEMENTS
IC 13-12-4
Chapter 4. Environmental Impact Statements
IC 13-12-4-1
Purposes of chapter
Sec. 1. The purposes of this chapter are the following:
(1) To declare a state policy that will encourage productive and
enjoyable harmony between humans and the environment.
(2) To promote efforts that will prevent or eliminate damage to
the environment and biosphere and stimulate the health and
welfare of humans.
(3) To enrich the understanding of the ecological systems and
natural resources important to Indiana.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-2
Legislative findings
Sec. 2. The general assembly recognizes the following:
(1) The profound impact of human activity on the interrelations
of all components of the natural environment, particularly the
profound influences of the following:
(A) Population growth.
(B) High-density urbanization.
(C) Industrial expansion.
(D) Resource exploitation.
(E) New and expanding technological advances.
(2) The critical importance of restoring and maintaining
environmental quality to the overall welfare and development
of humans.
(3) That each person should enjoy a healthful environment.
(4) That each person has a responsibility to contribute to the
preservation and enhancement of the environment.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-3
Policy statement
Sec. 3. The general assembly declares that it is the continuing
policy of the state, in cooperation with the federal and local
governments and other concerned public and private organizations,
to use all practicable means and measures, including financial and
technical assistance, in a manner calculated to do the following:
(1) Foster and promote the general welfare.
(2) Create and maintain conditions under which humans and
nature can exist in productive harmony.
(3) Fulfill the social, economic, and other requirements of
present and future generations of Indiana citizens.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-4
State responsibilities
Sec. 4. To carry out the policy set forth in this chapter, it is the
continuing responsibility of the state to use all practicable means,
consistent with other essential considerations of state policy, to
improve and coordinate state plans, functions, programs, and
resources to the end that the state may do the following:
(1) Fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations.
(2) Assure for all citizens of Indiana safe, healthful, productive,
and esthetically and culturally pleasing surroundings.
(3) Attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety, or
other undesirable and unintended consequences.
(4) Preserve important historic, cultural, and natural aspects of
our national heritage and maintain, wherever possible, an
environment that supports diversity and variety of individual
choice.
(5) Achieve a balance between population and resource use that
will permit high standards of living and a wise sharing of life's
amenities.
(6) Enhance the quality of renewable resources and approach
the maximum attainable recycling of depletable resources.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-5
Directives
Sec. 5. To the fullest extent possible:
(1) the policies, rules, and statutes of the state shall be
interpreted and administered in accordance with the policies set
forth in this chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that will
ensure the integrated use of the natural and social sciences
and the environmental design arts in planning and decision
making that may have an impact on the environment.
(B) Identify and develop methods and procedures that will
ensure that unquantified environmental amenities and values
may be given appropriate consideration in decision making
along with economic and technical considerations.
(C) Include in every recommendation or report on proposals
for legislation and other major state actions significantly
affecting the quality of the human environment a detailed
statement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot be
avoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of the
environment and the maintenance and enhancement of
long term productivity.
(v) Any irreversible and irretrievable commitments of
resources that would be involved if the proposed action
should be implemented.
Before making a detailed statement, the responsible state
official shall consult with and obtain the comments of each
state agency that has jurisdiction by law or special expertise
with respect to any environmental impact involved. Copies
of the statement and the comments and views of the
appropriate federal, state, and local agencies that are
authorized to develop and enforce environmental standards
shall be made available to the governor and to the public and
must accompany the proposal through the agency review
processes. The air pollution control board, water pollution
control board, and solid waste management board shall by
rule define the actions that constitute a major state action
significantly affecting the quality of the human environment.
(D) Study, develop, and describe appropriate alternatives to
recommend courses of action in any proposal that involves
unresolved conflicts concerning alternative uses of available
resources.
(E) Recognize the long range character of environmental
problems and, where consistent with the policy of the state,
lend appropriate support to initiatives, resolutions, and
programs designed to maximize state cooperation in
anticipating and preventing a decline in the quality of the
environment.
(F) Make available to counties, municipalities, institutions,
and individuals advice and information useful in restoring,
maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planning
and development of resource oriented projects.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-6
Review of authority, rules, policies, and procedure by state
agencies
Sec. 6. All state agencies shall review their:
(1) statutory authority;
(2) administrative rules; and
(3) current policies and procedures;
to determine whether there are any deficiencies or inconsistencies
that prohibit full compliance with the purposes and provisions of this
chapter.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-7
Statutory obligations of state agencies unaffected
Sec. 7. Sections 5 and 6 of this chapter do not affect the specific
statutory obligations of any state agency to do any of the following:
(1) Comply with criteria or standards of environmental quality.
(2) Coordinate or consult with any other federal or state agency.
(3) Act or refrain from acting contingent upon the
recommendations or certification of any other federal or state
agency.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-8
Impact statements not required for license
Sec. 8. This chapter may not be construed to require an
environmental impact statement for the issuance of a license or
permit by any state agency.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-9
Supplementary effect of chapter
Sec. 9. Policies and goals set forth in this chapter supplement
those policies and goals set forth in other authorizations of state
agencies.
As added by P.L.1-1996, SEC.2.
IC 13-12-4-10
Federal environmental impact statements
Sec. 10. Any state agency that is required by the federal National
Environmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) to
file a federal environmental impact statement is not required to file
a statement with the state government as provided under sections 5
and 6 of this chapter unless the action contemplated requires state
legislation or state appropriations.
As added by P.L.1-1996, SEC.2.