Section 327IAC17-4-8. Reasonable alternative demonstration

   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 Division; 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-327110193BFA)