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Plan Commission recommends rezoning three Porter County parcels for mitigation-bank wetland restoration

Porter County Plan Commission · April 23, 2026
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Summary

The commission forwarded a favorable recommendation to county commissioners for three rezonings (ZO-2026-9/10/11) to allow a developer’s mitigation banking project — a permanent conservation easement and wetland restoration intended to produce mitigation credits regulated by the Army Corps and state agencies.

The Porter County Plan Commission voted to forward a favorable recommendation to the county commissioners for three rezoning petitions (ZO-2026-9, ZO-2026-10 and ZO-2026-11) to change designated parcels from Rural Residential to Greenway District to permit a mitigation-bank wetland restoration project.

Lyndon Graber, representing the developer identified in the hearing as Nurian/Nutrien West, described mitigation banking as a regulated program in which lands are restored to wetlands or stream habitat, placed under permanent conservation easement, and then used to sell mitigation credits to parties that impact similar aquatic resources elsewhere. Graber said the project has received necessary federal and state permitting reviews, including from the U.S. Army Corps of Engineers and the Indiana Department of Environmental Management, and will be monitored until it meets performance standards.

Engineering consultants Derek Martin (V3 Companies) and Tom Sloinsky (B3 Companies) presented hydrology and design details: rather than creating large open-water ponds, the plan uses low berms (about 12–18 inches), controlled outlets and planting of emergent herbaceous species so soils are saturated for the regulatory standard (14–28 days in the growing season) without causing off-site drainage impacts. Martin said the sites are within mapped floodplain but generally shallow and that design measures will direct water through controlled outlets and swales to avoid increasing flow onto neighboring properties.

Neighbors raised several questions during the public-comment period: whether the presence of permanent green space would change nearby property values (no dollar estimate was provided), whether credits had been pre-sold (developers said the bank is speculative but they had inquiries, including from Indiana DOT), whether long-term stewardship and enforcement were assured (developers identified a long-term steward and said a nonprofit third party holds the conservation easement), and whether there are financial assurances in case the developer defaults. Graber and consultants said regulators require financial assurances (bonding) and that credits are released in stages as performance metrics are met, typically over a 5–10 year period.

A commissioner moved to forward a favorable recommendation encompassing all three case numbers to the county commissioners; the motion was seconded and passed by roll-call vote with the commissioners recorded as voting yes. Staff reminded the public that the county commissioners will hold additional hearings with another opportunity for public comment.

The developer said plantings will use 100% native species with seed sources restricted to nearby regions and that invasive-species thresholds will be enforced during monitoring. The Corps and the interagency review team reviewed the mitigation banking instrument and approved the proposed steward and performance standards, according to the developer’s account in the hearing.