Confined feeding operations., the official text

Second Regular Session of the 124th General Assembly (2026)

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between statutes enacted by the 2025 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1355

   AN ACT to amend the Indiana Code concerning environmental law.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 13-18-10-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.3. (a) A potential applicant may
request a preapplication meeting with the department, which
requires the following:

      (1) The potential applicant to submit the engineered designs
      of:

         (A) a manure treatment facility;
         (B) a control facility; or
         (C) an animal feeding structure;
      to the department.
      (2) The department shall:
         (A) review the designs; and
         (B) schedule a preapplication meeting;
      within thirty (30) days of receiving the designs from the
      potential applicant.
      (3) The potential applicant and the department shall discuss
      the plans and specifications for the design and operation of an
      animal feeding structure at the preapplication meeting.
      (4) If at a preapplication meeting the department requests
      changes to the:
         (A) manure treatment facility;

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         (B) control facility; or
         (C) animal feeding structure;
      the potential applicant shall resubmit the necessary plans or
      specifications within forty-five (45) days of the preapplication
      meeting.
      (5) The department shall make a determination on a manure
      treatment facility, control facility, or animal feeding structure
      for purposes of section 1 of this chapter within ninety (90)
      days of the:
         (A) preapplication meeting; or
         (B) day the potential applicant submits required changes
         to the department under subdivision (4).
   (b) A potential applicant who receives an approval in
accordance with this section must file an application under section
2 of this chapter and comply with the other relevant requirements
of this chapter notwithstanding the approval.
   SECTION 2. IC 13-18-10-2.1, AS AMENDED BY P.L.199-2014,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.1. (a) The department:
      (1) shall make a determination on an application submitted under
      section 2 of this chapter not later than ninety (90) days after the
      date the department receives the completed application, including
      all required supplemental information, unless the department and
      the applicant agree to a longer time; and
      (2) may conduct any inquiry or investigation, consistent with the
      department's duties under this chapter, the department considers
      necessary before making a determination.
   (b) If the department fails to make a determination on an application
not later than ninety (90) days after the date the department receives
the completed application, the applicant may request and receive
department shall issue a refund of an approval application fee paid by
the applicant, and the commissioner shall:
      (1) continue to review the application;
      (2) approve or deny the application as soon as practicable; and
      (3) refund the applicant's application fee not later than twenty-five
      (25) working days after the receipt of the applicant's request.
   (c) The commissioner may suspend the processing of an application
and the ninety (90) day period described under this section if the
department determines within thirty (30) days after the department
receives the application that the application is incomplete and has
mailed a notice of deficiency to the applicant that specifies the parts of
the application that:

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      (1) do not contain adequate information for the department to
      process the application; or
      (2) are not consistent with applicable law.
   (d) The department may establish requirements in an approval
regarding that part of the confined feeding operation that concerns
manure handling and application to assure compliance with:
      (1) this chapter;
      (2) rules adopted under this chapter;
      (3) the water pollution control laws;
      (4) rules adopted under the water pollution control laws; and
      (5) policies and statements adopted under IC 13-14-1-11.5
      relative to confined feeding operations.
   (e) Subject to subsection (f), the commissioner may deny an
application upon making either or both of the following findings:
      (1) A responsible party intentionally misrepresented or concealed
      any material fact in either or both of the following:

         (A) An application for approval under section 1 of this
         chapter.
         (B) A disclosure statement required by section 1.4 of this
         chapter.
      (2) An enforcement action was resolved against a responsible
      party as described in either or both of the following:
         (A) Section 1.4(c)(5) of this chapter.
         (B) Section 1.4(c)(6) of this chapter.
   (f) Before making a determination to approve or deny an
application, the commissioner must consider the following factors:
      (1) The nature and details of the acts attributed to the responsible
      party.
      (2) The degree of culpability of the responsible party.
      (3) The responsible party's cooperation with the state, federal, or
      foreign agencies involved in the investigation of the activities
      involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6)
      of this chapter.
      (4) The responsible party's dissociation from any other persons or
      entities convicted in a criminal enforcement action referred to in
      section 1.4(c)(5) and 1.4(c)(6) of this chapter.
      (5) Prior or subsequent self-policing or internal education
      programs established by the responsible party to prevent acts,
      omissions, or violations referred to in section 1.4(c)(5) and
      1.4(c)(6) of this chapter.
   (g) Except as provided in subsection (h), in taking action under
subsection (e), the commissioner must make separately stated findings

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of fact to support the action taken. The findings of fact must:
      (1) include a statement of ultimate fact; and
      (2) be accompanied by a concise statement of the underlying
      basic facts of record to support the findings.

   (h) If the commissioner denies an application under subsection (e),
the commissioner is not required to explain the extent to which any of
the factors set forth in subsection (f) influenced the denial.

   (i) The department may amend an approval under section 1 of this
chapter or revoke an approval under section 1 of this chapter:

      (1) for failure to comply with:
         (A) this chapter;
         (B) rules adopted under this chapter;
         (C) the water pollution control laws; or
         (D) rules adopted under the water pollution control laws; and

      (2) as needed to prevent discharges of manure into the
      environment that pollute or threaten to pollute the waters of the
      state.
   (j) The department may not require changes to the design of a
confined feeding operation if the design:
      (1) complies with this chapter; and
      (2) is submitted and certified by a professional engineer
      registered under IC 25-31-1.
   SECTION 3. IC 13-18-10-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.4. (a) Except as provided in
subsection (b), the department may not require an applicant that
applies for approval under section 1 of this chapter for a facility
that will contain solid manure produced from livestock on:
      (1) strawpack; or
      (2) dry pack bedding;
to implement design requirements typically associated with liquid
manure.
   (b) A facility that receives solid manure produced from livestock
on:
      (1) strawpack; or
      (2) dry pack bedding;
shall control runoff if precipitation or surface water comes in
contact with the manure.
   SECTION 4. IC 13-18-10-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.5. The department may not
require a person who has received an approval under section 1 of

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this chapter to update or make changes to an existing approved
facility or structure as part of a new application if the new facility
or structure does not impact the existing approved facility or
structure.

   SECTION 5. IC 13-18-10-2.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.8. The department shall:

      (1) designate an employee as the point of contact for
      applicants and interested applicants to submit questions
      concerning the application process described in this chapter;
      and
      (2) distribute the designated employee's contact information
      to all operating confined feeding operations.
   SECTION 6. IC 13-18-10-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. (a) A person that installs an
earthen berm at a manure storage facility shall do the following:
      (1) Stabilize the earthen berm with vegetation or alternative
      erosion control measures.
      (2) Maintain the earthern berm to allow for visual inspection
      for conditions that may compromise the earthern berm's
      performance.
   (b) A person must confine:
      (1) trees;
      (2) shrubs; or
      (3) other vegetation;
to the exterior of the earthen berm at a minimum distance of
sixteen (16) feet from the interior of the earthen berm.
   (c) A person shall maintain all vegetation established on or
adjacent to an earthen berm in a condition that does not obstruct
inspection or threaten the earthen berm's integrity.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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