reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 3 - Shipwrecks and Other Historic Sites › Section 3-4 - Emergency licenses

Current through July 10, 2024
Authority: IC
				  14-21-1-31; IC
				  14-29-1-8
Affected: IC 4-21.5-4; IC 14
Sec. 4.
(a) The
				department may, under IC 4-21.5-4, issue a license for a scientific
				investigation or for salvage of a historic site (including an abandoned
				shipwreck located at a historic site) if the director determines both of the
				following:
(1) Imminent and irreparable
				damage or loss is likely to occur to the historic site due to natural or
				cultural causes.
(2) Complete
				review of an application under this rule is impracticable.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 4 - Marinas and Group Piers › Section 4-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-29-1-8
Affected: IC 14-29-1
Sec. 1.
(a) This rule
				establishes standards for the placement or maintenance of a pier, including a
				marina or a group pier, along or within the ordinary high watermark of a
				navigable waterway.
(b) This rule
				is administered by the division of water and the division of law enforcement of
				the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 4 - Marinas and Group Piers › Section 4-2 - Individual licensure of marinas

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-29-1-8
Affected: IC
				  14-29-1-8
Sec. 2.
(a) Except as
				provided in subsection (c), a person must not place a marina that is a
				permanent structure along or within the ordinary high watermark of a navigable
				waterway unless a written license is obtained from the department by which the
				person agrees to operate the marina under section 3 of this rule.
(b) A license issued under subsection (a)
				satisfies IC
				14-29-1-8 and
				IC
				14-15-7-3.
(c) A separate license is not required under
				this section if:
(1) a license is issued for a
				group pier under section 4 of this rule; and
(2) the person who seeks the license for the
				group pier agrees to satisfy the requirements for pumpout facilities in section
				3 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 4 - Marinas and Group Piers › Section 4-3 - Sewage pumpout facilities for boats at a marina

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14-29-1-8
Sec. 3.
(a) Except as
				provided in subsection (c), a person must not operate a marina unless the
				person does the following:
(1) Provides a
				pumpout that is:
(A) in good working order;
				and
(B) readily accessible to
				patrons of the marina.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 4 - Marinas and Group Piers › Section 4-4 - Individual licensure of group piers

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3;
				  IC
				  14-29-1-8
Affected: IC 14-15; IC 14-26-2
Sec. 4.
(a) A person
				must not place a group pier along or within the ordinary high watermark of a
				navigable waterway unless the person obtains a written license from the
				department under this section.
(b)
				The applicant must demonstrate exercise of the license would not do any of the
				following:
(1) Unreasonably impair the
				navigability of the waterway.
(2)
				Cause significant harm to the environment.
(3) Pose an unreasonable hazard to life or
				property.
(4) Violate the public
				trust.
(5) Interfere with the
				reasonable exercise of boating operations by the public.
(6) Interfere with the legal interests of a
				landowner having property rights abutting the lake or rights to access the
				lake.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 4 - Marinas and Group Piers › Section 4-5 - General licenses for qualified piers

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14-15; IC 14-26-2; IC 14-29-1
Sec. 5.
(a) The
				placement and maintenance of a pier is authorized without a written license
				issued by the department under IC 14-29-1 and this rule if the pier qualifies
				under this section.
(b) In order
				for a pier to qualify, the structure must satisfy each of the following:
(1) Not infringe on the access of an adjacent
				landowner to the navigable waterway.
(2) Not unduly restrict navigation.
(3) Not exceed the lesser of the following:
(A) One hundred (100) feet long.
(B) One-quarter (1/4) of the width of the
				waterway.
(4) Not be
				unusually wide or long relative to similar structures within the vicinity on
				the same navigable waterway.
(5)
				Not be a marina.
(6) Not be a group
				pier.
(7) Be placed by a riparian
				owner or with the written approval of a riparian owner.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-29-1-8
Affected: IC 14-34; IC 14-37
Sec. 1.
(a) This rule
				establishes standards applicable to the extraction of sand, gravel, stone, or
				another mineral from or under the bed of a navigable waterway.
(b) Except as provided in subsections (c)
				through (d), this rule is administered by the division of water of the
				department.
(c) The division of
				reclamation of the department administers an activity under this rule that is
				also controlled by IC 14-34.
(d)
				The division of oil and gas of the department administers an activity under
				this rule that is also controlled by IC 14-37.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-2 - Procedures

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-29-1-8
Affected: IC 4-21.5; IC 14-11-4
Sec. 2.
(a) Before
				the department takes an agency action to issue or deny a license under this
				rule, IC 14-11-4 and
				312
				IAC 2-3 govern.
(b) After the department takes an agency
				action, IC 4-21.5 and
				312 IAC 3-1
				govern.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-3 - License to extract minerals

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8
Affected: IC 14-28-1; IC 14-29-1; IC 14-29-3; IC 14-34; IC
				  14-37
Sec. 3.
(a) Except as
				provided in subsections (b) through (d), a written license is required under
				this rule before a person can lawfully extract sand, gravel, stone, coal, oil,
				gas, or another mineral from or under the bed of a navigable
				waterway.
(b) A separate license is
				not required under this rule for the extraction of coal from or under the bed
				of a navigable waterway if a license is issued under IC 14-34 and 312 IAC 25
				that also applies the requirements of this rule.
(c) A separate license is not required under
				this rule for the extraction of oil or gas from or under the bed of a navigable
				waterway if a license is issued under IC 14-37 and 312 IAC 16-3 that also
				applies the requirements of this rule.
(d) A license is not required under this rule
				for the extraction of sand, gravel, or stone from the bed of a navigable
				waterway that is within a floodway if the extraction activity is exempted or
				excluded from the licensing requirements of IC 14-28-1.
(e) A license under this section shall
				conform to IC 14-29-1 and IC 14-29-3.
(f) The standards and requirements of this
				rule govern a license issued under this rule and any activity for which a
				license is required under this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-4 - License fees

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-29-1-8; IC
				  14-34-2-1;
				  IC
				  14-37-3-15
Affected: IC 14-34; IC 14-37
Sec. 4.
(a) Except as
				provided in subsection (b), the fee for a license under this rule is fifty
				dollars ($50).
(b) A separate
				license fee is not required under this rule for an activity for which a permit
				is issued under IC 14-34 or IC 14-37.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-5 - Bonds

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-29-1-8; IC 14-34-2-1; IC
				  14-37-3-5
Affected: IC 14-29; IC 14-34; IC 14-37
Sec. 5.
(a) Except as
				provided in this section, a bond shall be posted by the license applicant with
				the department to assure prompt compliance with the terms and conditions of the
				license. Bond shall be in the form of a surety bond, a cash bond, or a
				certificate of deposit. No surety bond shall be approved unless issued by a
				company holding an applicable certificate of authority from the department of
				insurance, state of Indiana.
(b)
				The bond for any extraction resulting from surface coal mining operations shall
				be as determined under IC 14-34 and 312 IAC 25.
(c) The bond for any well for oil and gas
				purposes shall be as determined under IC 14-37 and 312 IAC 16-4.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-6 - License duration

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8; IC
				  14-34-2-1;
				  IC
				  14-37-3-15
Affected: IC
				  14-37-4-10
Sec. 6.
(a) Except as
				provided in subsection (b), a license issued under this rule, including a
				license for the extraction of coal, terminates upon the earlier of the
				following:
(1) The termination date set forth
				in the license.
(2) Five (5) years
				after the date on which the department sent notice of the agency action to
				issue the license.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-7 - Conditions for the extraction of minerals

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-34; IC 14-37
Sec. 7.
The works, workings, and operations of a license issued
				  under this rule must not do any of the following:
(1) Impede or unreasonably impair the
				navigation of the navigable waterway.
(2) Damage or endanger a bridge, highway,
				railroad, public work, or utility.
(3) Damage the property of a riparian owner,
				an adjoining proprietor, or a person who holds a license under this rule and
				conducts mineral extraction on adjacent property. The department may waive the
				requirements of this subdivision if the license applicant obtains written
				consent from the affected person.
(4) Cause significant harm to the
				environment.
(5) Violate IC
				14-28-1, IC 14-34, or IC 14-37.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-8 - Compensation for extracted minerals

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC
				  13-11-2-116;
				  IC 14
Sec. 8.
(a) Except as
				provided in subsection (b), a person shall pay to the department a reasonable
				value for extracted minerals. The value shall be as determined by the
				department and set forth in the license.
(b) An extraction is exempt from subsection
				(a) if the mineral is authorized by the department for placement, and is
				lawfully placed:
(1) for beach nourishment;
				or
(2) in a landfill as defined in
				IC
				13-11-2-116.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-9 - Creek rock removal from a navigable waterway; general license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-28-1-8
Affected: IC
				  14-19-1-1;
				  IC 14-28-1; IC 14-29-1; IC 14-29-3
Sec. 9.
(a) Except as
				provided in subsection (d), this section establishes a general license for the
				removal of creek rock from a navigable waterway that is subject to IC 14-28-1,
				IC 14-29-1, or IC 14-29-3.
(b) To
				act under this section, a person must:
(1) if
				creek rock is to be removed from a parcel located in the riparian zone of an
				adjacent property owner, either:
(A) be a
				riparian owner for the parcel; or
(B) have written permission from a riparian
				owner for the parcel; and
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 5 - Mineral Extractions › Section 5-10 - Prospecting in a navigable waterway

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8
Affected: IC 14-22-34-12; IC 14-28-1; IC 14-29-1; IC
				  14-29-3
Sec. 10.
(a) This
				section governs prospecting in a navigable waterway that is subject to IC
				14-28-1, IC 14-29-1, or IC 14-29-3.
(b) Unless otherwise provided in this
				section, a person must not engage in prospecting except as approved by the
				department in a written license.
(c) Without a written license or notice to
				the department, and except as provided in subsection (d), a person may engage
				in prospecting within the ordinary high watermark of a navigable waterway upon
				compliance with each of the following conditions:
(1) Lawful ingress to and egress from the
				navigable waterway is obtained.
(2)
				Written permission is obtained from any affected riparian owner.
(3) Prospecting is performed exclusively by
				one (1) or a combination of the following processes:
(A) Without the use of equipment.
(B) With the use of nonmotorized equipment,
				such as a pan, sluice box, or pick and shovel.
(C) With the use of suction equipment,
				including motorized equipment, having a hand-operated nozzle that has an
				opening not larger than five (5) inches in diameter.
(4) No mercury or other chemicals are used to
				assist with the recovery of hard mineral resources.
(5) Activities occur exclusively between
				sunrise and sunset.
(6) No mussels
				are taken as prescribed by
				312 IAC 9-9-3.
(7) No endangered species are taken as
				prescribed by IC 14-22-34-12.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 6 - General Authorization for Beach Nourishment to Lake Michigan › Section 6-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14-29-1
Sec. 1.
(a) This rule
				establishes terms for a general authorization to place sand for beach
				nourishment within Indiana Dunes National Lakeshore or Indiana Dunes State
				Park.
(b) A person who acts under
				this rule is not required to complete an application or to obtain a written
				license from the department under IC 14-29-1. A person may, however, elect to
				seek a written license under IC 14-29-1 rather than apply this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 6 - General Authorization for Beach Nourishment to Lake Michigan › Section 6-2 - Notice to the department of natural resources

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 2.
A person who wishes to obtain a general authorization under
				  this rule must provide a written notice to the division of water of the
				  department, including the following:
(1) The name, address, and telephone number
				of any person seeking the authorization. Persons for which the information
				shall be provided include:
(A) the owner of
				the sand before placement for beach nourishment; and
(B) if other than the owner, the person who
				transports the sand.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 6 - General Authorization for Beach Nourishment to Lake Michigan › Section 6-3 - Department project review

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 3.
(a) Following
				the receipt of a written notice under section 2 of this rule, the department
				shall inspect the site from which the sand is to be extracted and the site at
				which the sand is to be deposited. Within fourteen (14) days after the receipt
				of the written notice, the department shall inform the person seeking the
				general authorization whether:
(1) the person
				may proceed;
(2) the person must
				comply with additional conditions in order to act under this rule, which
				general conditions may include successful completion of testing criteria;
				or
(3) the person cannot act except
				according to a license issued under IC
				14-29-1-8.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 6 - General Authorization for Beach Nourishment to Lake Michigan › Section 6-4 - Posting

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 4.
The department may require a person who acts upon the
				  general authorization to post a copy of the written notice, together with the
				  acceptance and any terms or conditions required by the department, at the site
				  where the sand is deposited.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 6 - General Authorization for Beach Nourishment to Lake Michigan › Section 6-5 - Compliance with terms and sanctions for violations

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-29-1-8
Affected: IC 14
Sec. 5.
(a) A person
				who acts upon a general authorization must comply with the terms of the written
				notice provided under section 2 of this rule and any conditions under section 3
				of this rule.
(b) A violation of
				subsection (a) may result in a revocation or suspension of the general
				authorization or in any other sanction provided by law for the violation of a
				license issued by the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-1 - Application

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 1.
(a) This rule
				establishes standards for determining whether an emergency condition warrants
				the approval of a construction activity along or within the ordinary high
				watermark of Lake Michigan where a license application, review, and approval
				are not completed before conducting the activity. An emergency authorization
				under this rule applies to IC 14-28-1 and IC 14-29-1.
(b) The presumption is a license application,
				review, and approval process must be completed before a construction activity
				can be approved. An emergency action is authorized only if the division
				director finds the action is supported by extraordinary circumstances as
				described in this rule.
(c) This
				rule also sets procedures for seeking approval of an emergency activity and the
				status of improvements made as a result of the activity.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-2 - Request for approval of emergency construction

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 2.
(a) A person
				who wishes to perform emergency construction along or within the ordinary high
				watermark of Lake Michigan, without first obtaining license approval under IC
				14-29-1 and this article, must notify the department and the applicable county
				emergency management agency.
(b)
				The notice shall describe the nature of the emergency and the construction
				requested to be performed in response to the emergency. The notice must provide
				sufficient information for the department to review the request under the terms
				set forth in this rule.
(c) An
				authorization issued under this rule also satisfies the need to obtain a
				license under IC 14-28-1 for the period the authorization is in effect.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-3 - Response to request for emergency construction approval

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-28; IC 14-29
Sec. 3.
Upon the receipt of a request for emergency construction
				  approval, the department shall perform an on-site inspection. To the extent
				  practicable, the department shall consult with other agencies before responding
				  to the request. Included among these agencies are the U.S. Army Corps of
				  Engineers and the appropriate county emergency management agency.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-4 - Determining if an emergency exists

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-28; IC 14-29
Sec. 4.
The department may grant a request to approve emergency
				  construction if, without performing the construction, there is an imminent risk
				  of harm to public safety or major damage to property and at least one (1) of
				  the following conditions exist:
(1) No
				erosion protection structure is present at the site.
(2) A failure or significant structural
				deterioration of an existing erosion protection structure has occurred.
				Examples include the following:
(A) Erosion of
				the lake bottom has occurred adjacent to a sheet steel wall.
(B) Stones in a rock revetment have
				shifted.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-5 - Factors tending to support a finding an emergency exists

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC
				  14-26-2.1-2; IC 14-28; IC
				  14-29
Sec. 5.
Factors tending to support a finding emergency conditions
				  are present under section 3 of this rule include the following:
(1) The lake level is rising.
(2) The current lake level is higher than the
				ordinary high watermark.
(3) The
				failed or threatened erosion control structure is in close proximity to the
				subject property.
(4) The content,
				design, or position of an erosion control structure makes its accelerated
				deterioration or collapse more likely.
(5) The existing angle of repose of a bluff
				face or the bluff height make continued slumping probable.
(6) The risk of harm to public safety or
				major damage to real property is aggravated by external
				circumstances.
(7) If immediate
				action is not taken, persons other than the person seeking to perform emergency
				remedial action are also likely to suffer harm.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-6 - Disposition of emergency license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-28; IC 14-29
Sec. 6.
(a) The
				department may approve, approve with conditions, or deny a request for an
				emergency authorization under this rule. This disposition may be made orally if
				conditions warrant but shall be memorialized in writing as quickly as
				practicable.
(b) The department may
				terminate an application for an emergency license if the applicant fails to
				provide supporting documentation in a timely fashion.
(c) Unless otherwise specified in writing by
				the department, an approval under this rule is effective for ninety (90) days.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-7 - After-the-fact license

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC 14-18-6; IC 14-28-1; IC 14-29-1
Sec. 7.
(a) A person
				who obtains and acts upon an emergency authorization under this rule must file
				with the department a completed application, under IC 14-29-1 and this article,
				for a permanent after-the-fact license within ninety (90) days of commencing
				the emergency activity. The department may, for good cause, grant an extension
				of time for filing an after-the-fact license application.
(b) If the activity for which an emergency
				authorization is granted also requires a license under IC 14-28-1, a completed
				application for a permanent after-the-fact license under IC 14-28-1 must also
				be filed with the department within ninety (90) days of commencing the
				emergency activity.
(c) Subsections
				(a) and (b) do not apply if the person granted an emergency authorization
				conducts no activity over which the department has jurisdiction under IC
				14-28-1 or IC 14-29-1.
(d) The
				receipt of an emergency authorization creates no inference of entitlement to an
				after-the-fact license or to ownership of the bed of Lake Michigan. The
				department may require modification or removal of any material or structure
				placed on or within the ordinary high watermark of Lake Michigan if appropriate
				to IC 14-29-1 and this article. A person may obtain title to lands within the
				ordinary high watermark of Lake Michigan only upon compliance with IC 14-18-6.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 7 - Emergency Construction Activities in Lake Michigan › Section 7-8 - Administrative review

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 4-21.5; IC 14-28; IC 14-29
Sec. 8.
(a) An
				affected person may obtain administrative review under IC 4-21.5 and
				312 IAC 3-1 of a
				determination under this rule. The division of hearings of the commission
				shall, as soon as practicable, conduct any appropriate proceeding.
(b) Unless otherwise agreed by the parties, a
				hearing under this section shall be held in an Indiana county that borders Lake
				Michigan.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 8 - Placement of Permanent Structures in Lake Michigan › Section 8-1 - Application of rule

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 14-28; IC 14-29-1
Sec. 1.
(a) This rule
				establishes standards for determining whether to grant approval for the
				placement of a permanent structure in Lake Michigan under IC 14-29-1.
(b) If the permanent structure is a marina,
				approval must be obtained under
				312 IAC
				6-4 in addition to this rule.
(c) As used in this rule, "permanent
				structure" means a:
(1) marina;
(2) seawall;
(3) breakwater;
(4) detached breakwater;
(5) jetty;
(6) boat launch;
(7) "z" wall;
(8) binwall;
(9) sinusoidal wall;
(10) bulkhead;
(11) groin;
(12) grout tube;
(13) cable;
(14) pipeline;
(15) wharf;
(16) pier;
(17) piling;
(18) rock revetment; or
(19) similar structure.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 8 - Placement of Permanent Structures in Lake Michigan › Section 8-2 - License for the placement of a structure

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 14-28; IC 14-29
Sec. 2.
(a) A person
				who wishes to place a permanent structure on or within the ordinary high
				watermark of Lake Michigan must file a license application with the department
				that is completed under this article.
(b) The applicant must include plans,
				drawings, other specifications reasonably required for the department to
				determine whether placement of the permanent structure would satisfy
				312 IAC
				6-1-1.
(c)
				The applicant must demonstrate the permanent structure will not do any of the
				following:
(1) Unreasonably impair the
				navigability of the lake or an adjacent navigable waterway.
(2) Cause significant harm to the
				environment.
(3) Pose an
				unreasonable hazard to life or property.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6 - NAVIGABLE WATERS › Rule 8 - Placement of Permanent Structures in Lake Michigan › Section 8-3 - Action by department

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-3-2; IC
				  14-29-1-8
Affected: IC
				  4-21.5-3-5;
				  IC 14-28; IC 14-29-1
Sec. 3.
(a) The
				department may determine to approve, approve with conditions, or deny a license
				sought under this rule and IC 14-29-1. Those conditions may include any action
				needed to mitigate a negative impact identified under section 2 of this rule.
				Notice of the determination shall be provided to the applicant and any other
				person required to be notified under IC
				4-21.5-3-5.
(b) The department may terminate a license
				application where the applicant fails to provide supporting documentation in a
				timely fashion.
(c) If the
				department determines the placement of a structure as described in the
				application would violate the public trust doctrine, the department shall
				either deny the application or condition approval of the application upon terms
				that would allow placement of the structure without violation of the public
				trust doctrine. The license may be conditioned to assure that any public access
				will not be impeded and to provide for complete removal of the structure and
				site restoration, at the expense of the riparian landowner, when the structure
				is no longer required.
(d) As a
				condition of approval, the department may require monitoring of the structure
				or of affected lands and waters to determine the impact of the structure upon
				coastal dynamics or other environmental factors. If monitoring or other
				documentation identifies a negative impact that was not fully addressed when
				the license was approved, the department may require removal, modification, or
				improvement to the structure (or another action needed) to mitigate the
				negative impact.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 1 - Administration › Section 1-1 - Purposes

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-25
Affected: IC 14-25-1-11; IC 14-25-15-1
Sec. 1.
The purposes of this article are to assist with each of the
				  following:
(1) Implementation and
				administration of IC 14-25-1-11.
(2) Execution of the state's responsibilities
				under subsection (d) of
				42 U.S.C.
				1962d-20 (the "Water Resources Development
				Act").
(3) Implementation of IC
				14-25-15.
(4) Implementation of the
				compact.
This version of section effective September 1, 2014. See
					 also preceding version of section, effective until September 1,
					 2014.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 1 - Administration › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC 14-8-2; IC 14-9-3; IC 14-25
Sec. 2.
The definitions in IC 14-8-2, Section 1.2 of IC
				  14-25-15-1,
				  312 IAC 1, and the following definitions apply throughout this article:
(1) "Baseline volume" refers to the amount of
				water approved through a status determination under IC
				14-25-15-12
				(or approved through a modification to a status determination or another
				previous department order) with respect to any of the following categories:
(A) A total water withdrawal capability
				registered under IC
				14-25-7-15(c)(3).
(B) A consumptive use attributable to a
				facility.
(C) A facility that
				diverts water outside the basin.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 1 - Administration › Section 1-3 - Administration by the department

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-10-2-3;
				  IC 14-25-15
Sec. 3.
(a) The
				division shall:
(1) serve as the point of
				contact; and
(2) coordinate the
				administrative, professional, and technical functions of this
				article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-1 - Purposes of compact rule

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-1-11;
				  IC 14-25-15
Sec. 1.
(a) Under IC
				14-25-15 within the basin of Indiana, this rule implements and regulates the
				following:
(1) A water withdrawal, diversion,
				or consumptive use that is subject to registration or permitting.
(2) A voluntary program for promoting water
				conservation and efficiency for a person with a water withdrawal
				facility.
(3) A mandatory program
				for promoting water conservation and efficiency for a person with a water
				withdrawal facility that is consistent with Section 4.2 of IC
				14-25-1-1
				and IC
				14-25-15-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-2 - Facilities exempted from permitting but subject to monitoring and reporting

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25-1
Affected: IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 2.
(a) A
				facility is exempted from the permitting requirements of this rule, if the
				facility does not exceed its approved baseline volume for any
				category.
(b) A facility exempted
				under subsection (a) must satisfy the monitoring and reporting requirements of
				this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-3 - Facility sale or transfer of all or a portion of baseline volume

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-25
Affected: IC 14-25-1-11; IC 14-25-15-1
Sec. 3.
(a) This
				section applies to the sale or other transfer of a facility with a baseline
				volume.
(b) All or a portion of a
				facility's baseline volume may be sold or transferred provided that the
				baseline volume is based on
				312 IAC
				6.2-1-2(1).
(c) Not later than March 31 of the year
				following a sale or other transfer to another person of a right to use all or a
				portion of a facility's baseline volume, the facility must notify the division
				on a department form. The notification must include the name and contact
				information for the buyer or other transferee and any other information
				reasonably required on the form to achieve compliance with this rule.
(d) If a facility does not comply with
				subsections (b) and (c), the sale or transfer is ineffective under IC 14-25-15
				and this article. A facility violates this article if the facility authorizes
				another person to use all or a portion of the facility's baseline volume
				without complying with subsections (b) and (c). A person also violates this
				article by using any portion of the baseline volume of a facility unless the
				facility complies with subsections (b) and (c).
(e) For a sale or transfer that is effective,
				the buyer or transferee is beneficiary to the amount of the baseline volume
				that is sold or transferred. The amount of the approved baseline volume of the
				seller or transferor is reduced by the amount sold or transferred.
(f) A buyer or transferee must comply with
				any action required by Section 4.12(4) of IC
				14-25-15-1.
(g) A facility's baseline volume shall be
				relinquished when the facility is subject to baseline volume abandonment or the
				facility is considered to be a discontinued significant water withdrawal
				facility under this article. The sale or transfer of all or a portion of a
				facility's baseline volume pursuant to this article shall not be considered
				baseline volume abandonment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-4 - Registration of a withdrawal, consumptive use, or diversion

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-7-15;
				  IC
				  14-25-15-1
Sec. 4.
(a) This
				section governs registration of a withdrawal, consumptive use, or
				diversion.
(b) A person must
				register a facility with the division on a department form under this
				section.
(c) A new facility that
				would withdraw less than a threshold amount described in section 5(b)(1) or
				5(b)(3) of this rule must notify the department within ninety (90) days of
				completion of the withdrawal facility.
(d) An existing facility that would have an
				increased withdrawal exceeding the baseline volume, for a water withdrawal
				capability under IC
				14-25-7-15(c)(3),
				which, when combined with all prior increases, does not result either in:
(1) an increase above the threshold amount
				described in section 5(b) of this rule; or
(2) increased total consumptive use for the
				facility that is five million (5,000,000) gallons or greater daily; must notify
				the department by March 31 of the year following the
				increase.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-5 - Individual permit for a withdrawal, consumptive use, or diversion

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC 14-25
Sec. 5.
(a) This
				section governs an individual permit for a withdrawal, consumptive use, or
				diversion.
(b) A person must obtain
				a permit under IC 14-25-15 and this rule before implementing a new average
				daily withdrawal over any ninety (90) consecutive days that exceeds the
				following:
(1) From Lake Michigan, five
				million (5,000,000) gallons.
(2)
				From a salmonid stream, one hundred thousand (100,000) gallons.
(3) From any other source of ground water or
				surface water or of ground water and surface water combined, one million
				(1,000,000) gallons.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-6 - General permit for a withdrawal or consumptive use

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC 14-21.5-4; IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 6.
(a) This
				section establishes a general permit for a new or increased withdrawal or
				consumptive use not exceeding the threshold amounts set forth in IC 14-25-15
				and this article.
(b) A person who
				qualifies under this section is not required to obtain an individual permit
				under IC 14-25-15 and section 5 of this rule.
(c) To qualify for a general permit, a person
				must satisfy each of the following:
(1)
				Comply with all requirements for registration of a withdrawal or consumptive
				use under section 4 of this rule.
(2) Limit any new or increased average daily
				consumptive use to less than five million (5,000,000) gallons over any period
				of ninety (90) consecutive days.
(3) Unless prior written approval is obtained
				from the department, refrain from making a daily withdrawal of one hundred
				thousand (100,000) gallons from either:
(A) a
				salmonid stream; or
(B) a well
				located within one-half (1/2) mile of a salmonid stream.
(4) Following an order issued by the
				department under IC 4-21.5-4, cease or curtail the withdrawal as directed, if
				the department determines either:
(A) a ground
				water withdrawal exceeds the recharge capability of the source aquifer;
				or
(B) the withdrawal is causing a
				stream flow that is both:
(i) below Q90;
				and
(ii) likely to result in an
				adverse impact to fish, wildlife, or botanical resources.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-7 - Voluntary conservation and efficiency

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-7-15;
				  IC
				  14-25-15-1
Sec. 7.
(a) This
				section identifies voluntary conservation and efficiency objectives in the
				basin of Indiana as anticipated by Resolution 5, including:
(1) guiding programs toward long-term
				sustainable water use;
(2) adopting
				and implementing supply and demand management to promote efficient use and
				conservation of water resources;
(3) improving monitoring and standardizing
				data reporting among state and provincial water conservation and efficiency
				programs;
(4) developing science,
				technology, and research; and
(5)
				developing education programs and information sharing for all water
				users.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-8 - Conservation and planning for permit applicants

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 8.
(a) This
				section governs water conservation and planning, as required under IC 14-25-15,
				for a new or increased withdrawal, diversion, or consumptive use.
(b) As part of a permit application to the
				department required under section 5 of this rule, a person with a facility
				subject to decision making under the compact must include a water conservation
				plan that satisfies section 7(b)(1) of this rule.
(c) In addition to the requirements of
				subsection (b), an applicant for a new or increased diversion for public water
				supply must do each of the following:
(1)
				Document conservation and efficiency use of existing water supplies by
				providing analyses of community water use for the previous five (5) year
				period, including how water use has:
(A)
				changed over time; and
(B) changed
				or is anticipated to change with the implementation of a conservation and
				efficiency program.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-9 - Reviews of conservation and efficiency objectives

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 9.
(a) This
				section applies to the review of conservation and efficiency objectives in the
				basin of Indiana.
(b) In response
				to a review conducted under Section 3.4.2 of IC
				14-25-15-1,
				the department shall recommend to the commission modifications to any water
				management and conservation and efficiency program governed by this article and
				which are needed to meet the provisions of the compact.
(c) The department shall consider modifying
				conservation and efficiency objectives in its ongoing program implementation
				and reviews. A determination to modify objectives shall be based on the
				following:
(1) New or updated
				technologies.
(2) New patterns in
				water use.
(3) New resource demands
				and threats.
(4) An assessment of
				cumulative impacts under Section 4.15 of IC
				14-25-15-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-10 - Indiana commitment to promote environmentally sound and economically feasible measures

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-7-15
Sec. 10.
This section identifies the commitment by the state of
				  Indiana to promote environmentally sound and economically feasible measures
				  such as the following:
(1) Measures to
				promote the efficient use of water as follows:
(A) Education and outreach on water
				efficiency directed to facilities registered under IC
				14-25-7-15.
(B) Regular dissemination of conservation
				information such as informational pieces, brochures, newsletters, updates, and
				similar communications.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-11 - Measuring success of water conservation and efficiency measures

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 11.
(a) This
				section describes how the department evaluates the success of water
				conservation and efficiency measures.
(b) For voluntary water conservation and
				efficiency measures, the department shall determine, record, and report the
				following:
(1) The number of facilities for
				which conservation and efficiency planning is reported.
(2) The number of facilities for which
				documentation of conservation and efficiency programming is provided.
(3) Attendance at conservation and efficiency
				workshops.
(4) Other metrics that
				assist in determining conservation and efficiency participation.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 6.2 - GREAT LAKES BASIN WATER MANAGEMENT › Rule 2 - Great Lakes-St Lawrence River Basin Water Resources Compact in Indiana › Section 2-12 - Application of former temporary rules that assisted in administration of the compact

Current through July 10, 2024
Authority: IC
				  14-10-2-4;
				  IC 14-25
Affected: IC
				  14-25-1-11;
				  IC
				  14-25-15-1
Sec. 12.
The following temporary rules applied to assist with
				  implementation of IC
				  14-25-15-1
				  during the referenced periods:
(1) LSA
				Document #11-677(E), posted at 20111109-IR-312110677ERA, from November 1, 2011,
				until November 1, 2012.
(2) LSA
				Document #12-119(E), posted at 20120328-IR-312120119ERA, from April 1, 2012,
				until November 1, 2012.
(3) LSA
				Document #12-586(E), posted at 20121031-IR-312120586ERA from November 1, 2012,
				until November 1, 2013. LSA Document #12-586(E) may be referenced as guidance
				from November 1, 2013, until December 1, 2013.
(4) LSA Document #13-532(E), posted at
				20131204-IR-312130532ERA from December 1, 2013, until September 1,
				2014.