reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 2 - Definitions › Section 2-44 - "Wetland" defined

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC
				  14-28-3
Sec. 44.
"Wetland" means a transitional area between a terrestrial
				  and deep water habitat (but not necessarily adjacent to a deep water habitat)
				  where at most times the area is either covered by shallow water or the water
				  table is at or near the surface and under normal circumstances any of the
				  following conditions are met:
(1) The
				area predominantly supports hydrophytes, at least periodically, or the
				substrate is predominantly undrained hydric soil, for example, peat or
				muck.
(2) The substrate is not a
				soil but is instead saturated with water or covered by shallow water some time
				during the growing season, for example, marl beaches or sand bars.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 2 - Definitions › Section 2-45 - "Wetland restoration measure" defined

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC
				  14-28-3
Sec. 45.
"Wetland restoration measure" means a practice or
				  combination of practices to restore a degraded or filled wetland. The
				  conversion of an unaltered wetland to another aquatic use is not included
				  within the definition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-1 - Flood plains, floodways, and fringes; local ordinances

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 1.
(a) A county
				or municipality that administers IC 14-28-3 must adopt an ordinance to
				implement this rule for areas within:
(1) the
				floodway and the fringe; or
(2) for
				an area where the floodway and the fringe are not separately identified, the
				flood plain.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-2 - Designation of flood plains, floodways, and fringes by the Federal Emergency Management Agency

Current through July 10, 2024
Authority: IC 14-28-1-5; IC 14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 2.
Where a flood plain (or a floodway and fringe) is designated
				  by the Federal Emergency Management Agency for a flood insurance study under
				  44 CFR
				  60.3, the flood plain (or floodway and
				  fringe) also applies to this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-3 - Delineation of flood plains and floodways in the absence of a Federal Emergency Management Agency designation

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 3.
(a) This
				section governs the delineation of a flood plain (or a floodway and fringe) by
				the department where section 2 of this rule does not apply. The delineation
				referenced in this section may be performed by:
(1) the department; or
(2) another person subject to review and
				approval by the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-4 - Delineation of a commission floodway under IC 14-28-1-28

Current through July 10, 2024
Authority: IC 14-28-1-5
Affected: IC 4-21.5-3-8; IC 5-3-1-6; IC 14-11-4; IC
				  14-28-1-28
Sec. 4.
(a) This
				section establishes the criteria and procedures for seeking authorization for a
				commission floodway under IC 14-28-1-28.
(b) A commission floodway is an alternative
				to the processes used to designate a floodway under section 2 or 3 of this
				rule.
(c) A person seeking to use
				this section shall make an application for approval of a commission floodway on
				a departmental form delivered to the division. Before being deemed complete,
				the application shall establish the following:
(1) The boundary of the commission floodway
				must not exclude an area that would otherwise be designated as a floodway under
				IC 14-28-1 and this rule unless each of the following is satisfied:
(A) With respect to any fill or structures
				within the excluded area, one (1) of the following must be demonstrated:
(i) A license under
				312 IAC 10-4
				or a general license under
				312
				IAC 10-5 has been issued or will be issued contingent
				upon establishment of the commission floodway.
(ii) Placement was done prior to the
				effective date of the statute requiring that a permit be obtained.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-5 - Flood plain land uses

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC
				  14-28-1-20;
				  IC 14-28-3; IC 25-4-1; IC 25-31-1
Sec. 5.
A building with a floor area greater than four hundred (400)
				  square feet must not be constructed in a flood plain unless the building
				  satisfies the following requirements:
(1) The building is protected to the flood
				protection grade by either of the following methods:
(A) The lowest level of the building is at or
				higher than the flood protection grade.
(B) For a building other than an abode, the
				building and its utility and sanitary facilities are watertight with walls
				substantially impermeable to the passage of water and with structural
				components having the capability of resisting hydrostatic and hydrodynamic
				loads and the effects of buoyancy. The design and construction of the building
				must be certified by a professional engineer registered under IC 25-31-1, or an
				architect registered under IC 25-4-1, as being adequate to withstand the flood
				depths, pressures, velocities, impact, and uplift forces associated with a
				regulatory flood.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-6 - Local approval of activities within a floodway

Current through July 10, 2024
Authority: IC 14-28-1-5; IC 14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 6.
(a) A county
				or municipality shall not authorize:
(1) a
				structure;
(2) an
				obstruction;
(3) a deposit;
				or
(4) an excavation;
in a floodway until a license is issued by the department
				  under IC 14-28-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-7 - Temporary licenses for recreational vehicles

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 7.
Notwithstanding section 6(a) of this rule, a local ordinance
				  may authorize a license for the placement of a recreational vehicle in the
				  floodway or the fringe if the recreational vehicle is required to be both of
				  the following:
(1) On the site for
				fewer than one hundred eighty (180) consecutive days.
(2) Fully licensed and ready for use on a
				public highway.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 3 - Flood Plain Delineations and Management › Section 3-8 - Nonconforming uses in the flood plain

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 8.
(a) A local
				ordinance incorporating flood plain management provisions adopted after July 1,
				1974, shall provide for a use within a flood plain that does not conform with
				this rule.
(b) A person must not
				construct an addition to a building in a floodway if the addition, in
				combination with all other additions to the building that have been constructed
				since the building was originally built, would increase the market value of the
				building to an amount more than fifty percent (50%) greater than either of the
				following:
(1) The market value of the
				building if no additions have been constructed since the building was
				originally built.
(2) The
				approximate value of the building would have (in the form in which it was
				originally built) if at least one (1) addition has already been
				constructed.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 4 - Floodway Licensing › Section 4-1 - License requirement for construction in a floodway

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 1.
(a) Except
				as otherwise provided in IC 14-28-1 or this article, a license from the
				department is required to erect, make, use, maintain, suffer, or permit a
				structure, obstruction, deposit, or excavation in or on a floodway.
(b) Notwithstanding subsection (a), a person
				must not erect an abode in a floodway, except as authorized under IC
				14-28-1-24,
				IC
				14-28-1-25,
				and IC
				14-28-1-26.5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 4 - Floodway Licensing › Section 4-2 - Categorical floodway licensing exemptions

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3
Sec. 2.
Development and maintenance of the following activities are
				  exempted from IC 14-28-1 and this article unless the activities involve the
				  placement of a structure, obstruction, deposit, or excavation:
(1) Crops.
(2) Pastures.
(3) Forests.
(4) Park and recreational uses.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 4 - Floodway Licensing › Section 4-3 - Additions to lawful abodes in the floodway

Current through July 10, 2024
Authority: IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC 14-28-1; IC 14-28-3; IC 25-4-1; IC
				  25-31-1
Sec. 3.
(a) A person
				must not erect, use, or maintain in or on any floodway a permanent structure
				for use as an abode, except for an abode constructed before January 1, 1973.
				For purposes of this section, "constructed" means completed for use as an
				abode.
(b) A person may make an
				addition to an abode constructed before January 1, 1973, if the addition would
				not increase the market value of the abode, excluding the value of the land, by
				more than fifty percent (50%) of:
(1) the
				market value of the abode if no addition was made since the abode was initially
				constructed; or
(2) the approximate
				market value the abode would have in the form in which it was originally
				constructed if the abode has at least one (1) prior addition.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 4 - Floodway Licensing › Section 4-4 - Flood easements

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5;
				  IC
				  14-28-3-2
Affected: IC
				  14-28-1-29
Sec. 4.
If a license application includes the creation of a flood
				  easement, the applicant must demonstrate to the satisfaction of the department
				  the project:
(1) will not constitute
				an unreasonable hazard to the safety of life or property;
(2) is not unreasonably detrimental to fish,
				wildlife, or botanical resources; and
(3) is either:
(A) a dam;
(B) a flood control project under IC
				14-28-1-29;
				or
(C) a public works
				project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 4 - Floodway Licensing › Section 4-5 - Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 5.
(a) If the
				department issues a license under this section, a person may remove a logjam or
				wood debris from a waterway included in the Indiana natural, scenic, and
				recreational river system under
				312
				IAC 7-2.
(b) A person issued a license under this
				section must comply with these conditions:
(1) Limit activities to the use of an
				excavator, small tractor, or similar equipment.
(2) Remove a logjam or mass of wood debris
				only from July 1 through March 31 of the following year, unless the logjam or
				wood debris is deposited as a result of a flood for which the governor has
				declared a disaster.
(3) Use an
				access road that would not:
(A) destroy more
				than one-half (1/2) acre of trees within a floodway;
(B) traverse a wetland indicated on the
				national wetlands inventory map, unless pads are used;
(C) raise the elevation of the flood plain;
				or
(D) cross a
				waterway.
(4) Obtain
				access exclusively from one (1) side of a waterway.
(5) Install appropriate sediment control
				measures to prevent the flow of sediment-laden water back into the
				waterway.
(6) Revegetate all bare
				and disturbed areas with a mixture of grasses and legumes within fifteen (15)
				days of completion of work. Tall fescue must not be used under this subsection,
				except that low endophyte tall fescue may be used in the bottom of the waterway
				and on side slopes. If the season is not conducive to revegetation, a site must
				be covered with appropriate erosion control blankets to stabilize the
				shoreline.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-0.3 - Determining project eligibility for a general license; general criteria

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 0.3.
(a) Except
				as provided in subsection (b), a project for a utility line crossing or the
				placement of outfall projects within a floodway is eligible for a general
				license if the project satisfies the requirements of this rule. For the removal
				of logjams and obstructions, these requirements include the procedures
				established by section 6 of this rule and by IC 14-28-1-22.
(b) Subsection (a) does not authorize a
				project in any of the following circumstances:
(1) Within a river or stream listed in the
				Indiana Register at 16 IR 1677 in the Outstanding Rivers List for Indiana
				unless prior written approval from the division of fish and wildlife's
				environmental unit has been obtained.
(2) Within a salmonid stream designated under
				327 IAC
				2-1.5-5(a)(3).
(3) Within a natural, scenic, or recreational
				river or stream designated under
				312
				IAC 7-2.
(4) For a utility line crossing, below the
				ordinary high watermark of a navigable waterway listed in the Indiana Register
				at DIN: 20211020-IR-312210433NRA in the Roster of Indiana Waterways Declared
				Navigable or Nonnavigable, unless the utility line is placed beneath the bed of
				the waterway under section 4(b) of this rule.
(5) If the project requires an individual
				permit from the United States Army Corps of Engineers under Section 404 of the
				Clean Water Act or Section 10 of the Rivers and Harbors
				Act.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-1 - Wetland restoration measures

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 4-21.5; IC 14-28-1; IC 14-29-1-8
Sec. 1.
(a) This
				section governs the placement of a wetland restoration measure in or on a
				floodway.
(b) Except as provided in
				this section, a license is required under IC 14-28-1, IC 14-29-1, and
				312 IAC
				10-3 to place a wetland restoration measure in or on a
				floodway.
(c) The placement of a
				wetland restoration measure is exempted from IC 14-28-1, IC 14-29-1, and
				312 IAC
				10-3 if the person placing the wetland restoration
				measure does or establishes the following:
(1) Provide written notification sufficient
				for the department to determine if the proposed activity conforms with this
				subsection. The department shall, within ten (10) days (excluding Saturdays,
				Sundays, and legal holidays) of the receipt of the notice, raise any objection
				to the placement of the restoration measure as proposed. If the department
				raises no objection, the proposed activity is deemed qualified for the
				exemption. If an objection is raised, the person shall do one (1) of the
				following:
(A) Modify the activity to satisfy
				the concerns raised in the objection and provide the department with another
				notification under this subdivision.
(B) File a permit application under
				subsection (b) for the placement of the wetland restoration measure.
(C) Seek administrative review of the
				objection under IC 4-21.5 and
				312 IAC
				3-1.
(D)
				Withdraw the notification and abandon the project.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-2 - General licensing for utility line crossings

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC
				  14-29-1
Sec. 2.
Except as provided in sections 3 and 4 of this rule, a
				  license is required under IC 14-28-1, IC 14-29-1, and
				  312 IAC 10-4
				  to place a utility line in or on a floodway where:
(1) the drainage area of a river or stream is
				at least one (1) square mile at the downstream end of the line's floodway
				segment; or
(2) a dam or levee
				regulated under IC 14-27-7 is affected.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-3 - Aerial electric, telephone, or cable television lines; general license

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 14-28-1; IC 14-29-1; IC 14-29-6
Sec. 3.
The placement of an aerial electric, telephone, or cable
				  television line is authorized without a written license issued by the
				  department under IC 14-28-1, IC 14-29-1, and
				  312 IAC 10-4
				  if:
(1) the activity does not disturb
				the bed of the waterway beneath the line;
(2) the activity conforms with the minimum
				clearance requirements of section 4(b)(9) of this rule;
(3) the support mechanisms are located at
				least seventy-five (75) feet from the top of the bank; and
(4) the utility line crossing is not within
				the floodway of a natural river, scenic river, or recreational river designated
				under
				312
				IAC 7-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-5 - Utility line placement that does not qualify for a general license; waivers for burial depth or clearance

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 14-28-1-29; IC 14-29-1; IC 14-33; IC 25-31-1; IC
				  36-9-27
Sec. 5.
The placement of a utility line that is not authorized under
				  section 4 of this rule requires a license under IC 14-28-1, IC 14-29-1, and
				  312 IAC 10-4
				  and is subject to the following:
(1)
				Except as provided in subdivisions (2) and (3), a license application must be
				filed with the department to demonstrate the construction activities within the
				utility project area conform with section 4(b)(1) through 4(b)(9) of this
				rule.
(2) The department may waive
				the minimum clearance requirements set forth in section 4(b)(8) of this rule if
				this subdivision is satisfied. The following information must be provided by
				the applicant:
(A) A technical justification
				that clearly establishes a need for the waiver.
(B) An economic analysis of the cost required
				to provide the minimum cover and the savings that would be realized if the
				minimum cover is waived.
(C) An
				assessment that establishes that there will not be an unreasonable hazard to
				the safety of life or property or an unreasonably detrimental effect upon fish,
				wildlife, or botanical resources if the utility line would fail as a result of
				the waiver.
(D) If the placement of
				the line is beneath the bed of a waterway and is subject to regulation as a
				flood control project, under the conservancy district act, or under the
				drainage code, documentation the county or municipality that has maintenance
				authority over the waterway has also waived the cover requirements. This
				documentation must:
(i) be on the letterhead
				of the county or municipality;
(ii)
				contain a copy of the statute or ordinance under which the county or
				municipality has regulatory authority over the waterway;
(iii) contain a statement that clearly waives
				the minimum cover requirements; and
(iv) contain a statement that the waiver will
				not impede future maintenance or reconstruction projects on the
				waterway.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-6 - Removal of logjams or masses of wood debris from a salmonid stream; general license with notice

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 6.
(a) This
				section establishes a general license for the removal of logjams or masses of
				wood debris from a waterway that is a salmonid stream designated under
				327 IAC
				2-1.5-5 for the purpose of providing maintenance to
				help control flooding.
(b) This
				section does not authorize the removal of logjams and obstructions from a
				waterway other than a salmonid stream designated under 312 IAC
				2-1.5-5.
(c) A person who wishes to
				implement a project to remove logjams or masses of wood debris from a waterway
				referenced in subsection (a) must file a written notice, upon a department
				form, with the division of fish and wildlife's environmental unit, including
				the following information:
(1) A description
				of the river or stream where obstruction removal would occur, including the
				terminal points, access routes, and disposal sites of the project referenced to
				readily discernible landmarks, for example, a bridge or a dam. The project
				shall be designated with access routes to the obstruction on:
(A) a United States Geological Survey
				topographic map; or
(B) another map
				determined by the department to satisfy the purposes of this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-6.5 - Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream; general license with notice

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC
				  14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 6.5.
(a) This
				section establishes a general license for the removal of logjams or masses of
				wood debris from a waterway that is a natural, recreational, or scenic river
				designated under
				312
				IAC 7-2 for the purpose of providing maintenance to
				help control flooding.
(b) This
				section does not authorize the removal of logjams and obstructions from
				waterways other than natural, recreational, or scenic rivers designated under
				312
				IAC 7-2.
(c) A person who wishes to implement a
				project to remove logjams or masses of wood debris from a waterway referenced
				in subsection (a) must file a written notice, upon a department form, with the
				division of fish and wildlife's environmental unit, including the following
				information:
(1) A description of the river
				or stream where obstruction removal would occur, including the terminal points,
				access routes, and disposal sites of the project referenced to readily
				discernible landmarks, for example, a bridge or a dam. The project shall be
				designated with access routes to the obstruction on:
(A) a United States Geological Survey
				topographic map; or
(B) another map
				determined by the department to satisfy the purposes of this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-7 - Qualified logjam and sandbar removals from beneath bridges; general license

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 14-28-1; IC 14-29-1
Sec. 7.
The removal of logjams and sandbars beneath or adjacent to a
				  bridge is authorized without a written license issued by the department under
				  IC 14-28-1, IC 14-29-1,
				  312 IAC 10-4,
				  and 312 IAC 6 where:
(1) equipment is
				operated from the bridge or the bank within the right-of-way, with no equipment
				placed in the river or stream;
(2)
				an access corridor for the placement of equipment extends no more than fifty
				(50) feet beyond the right-of-way; and
(3) the logjam or sandbar to be removed is
				located partially or exclusively within the right-of-way.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-9 - Creek rock removal from a nonnavigable waterway; general license without notice

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5
Affected: IC 14-28-1; IC 14-29-1
Sec. 9.
(a) This
				section establishes a general license without notice for the removal of creek
				rock from a waterway that is subject to IC 14-28-1. A person must:
(1) own; or
(2) have written permission from a person who
				owns; the parcel of a waterway where creek rock is removed in order to qualify
				under this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-10 - Creek rock removal from a nonnavigable waterway; general license with notice

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-28-1-5
Affected: IC 14-28-1; IC 14-29-1
Sec. 10.
(a) Except
				as provided in subsection (j), this section establishes a general license with
				notice for the removal of creek rock from a waterway that is subject to IC
				14-28-1. A person must:
(1) own; or
(2) have written permission from the person
				who owns; the parcel of a waterway where creek rock is removed in order to
				qualify under this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10 - FLOOD PLAIN MANAGEMENT › Rule 5 - General Licenses and Specific Exemptions from Floodway Licensing › Section 5-11 - Prospecting in a nonnavigable waterway

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-28-1-5;
Affected: IC 14-28-1; IC 14-29-1; IC 14-22-34-12
Sec. 11.
(a) This
				section governs prospecting in a nonnavigable waterway that is subject to IC
				14-28-1 and this article.
(b)
				Unless otherwise provided in this section, a person must not engage in
				prospecting in a nonnavigable waterway except as approved by the department in
				a written license.
(c) Without a
				written license or notice to the department, a person may engage in prospecting
				in a nonnavigable waterway upon compliance with each of the following
				conditions:
(1) Lawful ingress to and egress
				from the waterway is obtained.
(2)
				Written permission is obtained from the property owner or owners.
(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 10.5 - REGULATION OF DAMS › Rule 1 - Application and Administration › Section 1-1 - Application of article

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 1.
This article:
(1)
				governs an activity that is controlled by IC 14-27-7.5; and
(2) establishes definitions and creates
				procedures related to hazard classifications.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 1 - Application and Administration › Section 1-2 - Administration

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 2.
(a) The
				division administers IC 14-27-7.5 and this article.
(b) Unless otherwise specified, the division
				director or a designate of the division director shall take any action that is
				appropriate for the implementation of IC 14-27-7.5 and this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 1.
The definitions in:
(1) IC
				14-27-7.5-2
				through IC
				14-27-7.5-6;
(2) 312 IAC 1; and
(3) this rule;
apply throughout this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-2 - "Appurtenant works" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 2.
"Appurtenant works" means auxiliary features of a dam that
				  are reasonably required for the safe and proper operation of the structure. The
				  term may include each of the following:
(1) The spillway system.
(2) Outlet works.
(3) Gates and valves.
(4) Tunnels.
(5) Conduits.
(6) Levees.
(7) Embankments.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-3 - "Dam" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC
				  14-27-7.5-1
Sec. 3.
"Dam" means an artificial manmade barrier, including
				  appurtenant works, that meets the conditions as given in IC
				  14-27-7.5-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-4 - "Design storm event" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 4.
"Design storm event" means the depth of precipitation that is
				  used to calculate the volume and time distribution of runoff from a watershed
				  that a spillway system must safely pass without jeopardizing the safety of the
				  dam. The depth of precipitation typically ranges from fifty percent (50%) to
				  one hundred percent (100%) of probable maximum precipitation, depending upon
				  the hazard classification.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-5 - "Division" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 5.
"Division" means the division of water of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-6 - "Division director" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 6.
"Division director" means the director of the
				  division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-7 - "Maximum breach inundation area" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 7.
"Maximum breach inundation area" means the downstream area
				  that would be affected by flooding from an uncontrolled release of a dam's
				  contents when:
(1) the impoundment is
				at maximum design pool elevation;
(2) the downstream area is flooded from the
				spillway discharge when the dam breaches; and
(3) conditions exist that would result in the
				highest hazard potential for:
(A) property
				damage; or
(B) the possible loss of
				human life;
if the dam fails.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-8 - "Maximum design pool elevation" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 8.
"Maximum design pool elevation" means the highest water level
				  impounded by the dam resulting from the design storm event, assuming both of
				  the following:
(1) No:
(A) debris blockage;
(B) unplanned restrictions; or
(C) improper operation; of the spillway
				system.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-9 - "Occupied quarters" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 9.
"Occupied quarters" means a structure that is or may be used
				  for any of the following:
(1) Human
				living quarters.
(2)
				Business.
(3) Medical
				services.
(4) Education.
(5) Place of worship.
(6) Public office.
(7) Industrial facilities.
(8) Permanent or temporary overnight lodging
				for humans.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-10 - "Probable maximum precipitation" or "PMP" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 10.
"Probable maximum precipitation" or "PMP" means the greatest
				  theoretical depth of precipitation for a given duration that is physically
				  possible over a given size storm area at a particular geographical location,
				  based upon National Weather Service hydrometeorological reports.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-11 - "Professional engineer" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5; IC 25-31
Sec. 11.
"Professional engineer" means an individual who, because of
				  special knowledge of the:
(1)
				mathematical and physical sciences; and
(2) principles and methods of engineering
				analysis and design; that are acquired by education and practical experience,
				is qualified to engage in the practice of engineering, as attested by the
				individual's registration as a professional engineer and license to practice
				engineering in Indiana under IC 25-31.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 2 - Definitions › Section 2-12 - "Spillway system" defined

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 12.
"Spillway system" means a structure or structures that
				  conveys flow through, around, or over the dam. A spillway system typically
				  consists of the following:
(1) A
				principal spillway.
(2) An
				emergency spillway.
(3) A drawdown
				mechanism.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 3 - Hazard Classification › Section 3-1 - Consideration of hazard classification

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 1.
(a) The
				division shall assign whether a dam is classified as:
(1) high hazard;
(2) significant hazard; or
(3) low hazard;
based on best information available.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 10.5 - REGULATION OF DAMS › Rule 3 - Hazard Classification › Section 3-2 - Reconsideration of hazard classification

Current through July 10, 2024
Authority: IC
				  14-27-7.5-8
Affected: IC 14-27-7.5
Sec. 2.
(a) This
				section establishes a process by which a dam owner or another affected person
				may request reconsideration of a determination of hazard classification made
				under section 1 of this rule.
(b)
				The dam owner or other affected person may submit any technical information or
				reports that were not previously available to the division.
(c) The dam owner's or other affected
				person's professional engineer may develop and submit a maximum breach
				inundation area and current damage evaluation assessing the downstream area
				affected by a dam breach.
(1) If the maximum
				breach inundation area and current damage evaluation predicts any of the
				following, the dam shall be classified as high hazard:
(A) Flood depths greater than one (1) foot in
				any occupied quarters.
(B) Loss of
				human life may occur.
(C)
				Interruption of service for more than one (1) day on any of the following:
(i) A county road, state two-lane highway, or
				U.S. highway serving as the only access to a community.
(ii) A multilane divided state or U.S.
				highway, including an interstate highway.
(D) Interruption of service for more than one
				(1) day on an operating railroad.
(E) Damage to any occupied quarters where the
				flow velocity at the building compromises the integrity of the structure for
				human occupation.
(F) Interruption
				of service to an interstate or intrastate, utility, power or communication line
				serving a town, community, or significant military and commercial facility, in
				which disruption of power and communication would adversely affect the economy,
				safety, and general well-being of the area for more than one (1) day.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 1 - Administration › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-15; IC 14-26-2
Sec. 1.
(a) This
				article provides standards for the regulation of construction activities along
				and within lakes.
(b) This rule and
				312 IAC 11-2 through
				312 IAC 11-5 provide standards,
				with respect to activities along and within public freshwater lakes, that are
				subject to IC 14-26-2.
(c) This
				rule and 312 IAC 11-2 through
				312 IAC 11-5 are also coordinated
				with the responsibilities in IC
				14-26-2.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 1 - Administration › Section 1-2 - Authority to grant, condition, or deny a license

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 4-21.5; IC 14-15; IC 14-26-2
Sec. 2.
(a) The
				authority to grant, condition, or deny a license under IC 14-26 rests with the
				director or a delegate.
(b) An
				action taken under subsection (a) is subject to administrative review by the
				commission under IC 4-21.5 and
				312 IAC 3-1.
(c) Before issuing a license under this rule,
				the department shall consider the following:
(1) The public trust doctrine.
(2) The likely impact upon the applicant and
				other affected persons, including the accretion or erosion of sand or
				sediments.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 1 - Administration › Section 1-3 - Mediation of disputes among riparian owners or between riparian owners and the department

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 4-21.5; IC 14-15; IC 14-26-2
Sec. 3.
(a) A
				riparian owner or the department may initiate a proceeding under IC 4-21.5 and
				312 IAC 3-1 to seek resolution by
				the commission of a dispute among riparian owners, or between a riparian owner
				and the department, concerning the usage of an area over, along, or within a
				shoreline or waterline of a public freshwater lake.
(b) A party to a proceeding initiated under
				subsection (a) may seek mediation of the dispute under IC 4-21.5. The
				administrative law judge shall approve the use of mediation if the request is
				made by:
(1) a party within thirty (30) days
				of the initiation of the proceeding;
(2) a party within thirty (30) days after a
				party is joined as determined necessary for just adjudication or by agreement
				of the parties; or
(3) agreement of
				the parties.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 1 - Administration › Section 1-4 - Determination of riparian zones

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-8; IC 14-15; IC 14-26-2
Sec. 4.
If a determination of riparian boundaries is reasonably
				  required for the performance of functions under IC 14-26-2, this rule, and
				  312 IAC 11-2 through
				  312 IAC 11-5, the department (or
				  the commission on administrative review) shall consider as guidance "Riparian
				  Zones within Public Freshwater Lakes and Navigable Waters", Information
				  Bulletin #56 published in the Indiana Register at DIN:
				  20220209-IR-312220025NRA.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-1 - Definitions applicable to the regulation of public freshwater lakes

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-8; IC 14-15; IC
				  14-26-2
Sec. 1.
This rule provides definitions that apply to this article
				  and are in addition to those set forth in IC 14-8, IC 14-26, and 312 IAC
				  1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-1.5 - "Aerator" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-8; IC 14-15; IC
				  14-26-2
Sec. 1.5.
"Aerator" means a mechanical device placed within a public
				  freshwater lake that is used to accomplish any of the following:
(1) Increase the amount of dissolved oxygen
				in the water.
(2) Increase the
				decomposition of organic materials.
(3) Alter water flow or
				circulation.
(4) Reduce
				icing.
(5) Enhance audio or visual
				enjoyment by bubbling or spraying water.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-2 - "Area of special concern" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-15; IC
				  14-26-2
Sec. 2.
"Area of special concern" means an area that contains at
				  least one (1) of the following characteristics:
(1) An altered shoreline where bulkhead
				seawalls are at least two hundred fifty (250) feet apart.
(2) Bogs, fens, muck flats, sand flats, or
				marl beaches identified by the division of nature preserves in the Natural
				Community Classification System.
(3) More than six hundred twenty-five (625)
				square feet of contiguous emergent vegetation or rooted vegetation with
				floating leaves.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-3 - "Bioengineered" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-15; IC
				  14-26-2
Sec. 3.
"Bioengineered" means the use of a combination of biological
				  elements (plant materials) and structural or mechanical reinforcements for
				  stabilization, revetment, or erosion control. Biological and mechanical
				  elements must function together in an integrated and complementary
				  manner.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-4 - "Boatwell" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC
				  14-26-2
Sec. 4.
"Boatwell" means a manmade excavation along the shoreline or
				  water line of a public freshwater lake that:
(1) is used for the mooring of a boat;
				and
(2) has been stabilized to
				prevent erosion.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-5 - "Bulkhead seawall" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-15; IC
				  14-26-2
Sec. 5.
(a) "Bulkhead
				seawall" means a vertical, or near vertical, solid concrete, steel sheet
				piling, or vinyl piling structure, which has the purpose of shoreline
				protection.
(b) A timber wall may
				be deemed to be a bulkhead wall if the property owner proves to the
				satisfaction of the division of water that the wall functions as a bulkhead
				wall by providing evidence in the form of a written assessment from a
				registered professional engineer, licensed professional geologist, or soil
				scientist with expertise in shoreline protection or wave dynamics. The written
				assessment must address and evaluate each of the following items:
(1) The structural integrity of the
				wall.
(2) The height of the top of
				the wall above normal lake level.
(3) Success of the wall in protecting the
				shoreline from erosion in the past.
(4) The ability of the wall to retain land or
				prevent land from sliding as evidenced by the lack of sinkholes or depressions
				behind the wall.
(5) Adequacy of
				existing connections to adjacent shore protection structures or tiebacks at
				each end of the wall.
(6) The
				timber wall was constructed before January 1, 1991.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 11 - PUBLIC FRESHWATER LAKES › Rule 2 - Definitions › Section 2-6 - "Cumulative effect" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-15-7-3; IC
				  14-26-2-23
Affected: IC 14-15; IC
				  14-26-2
Sec. 6.
"Cumulative effect" means the impact on the environment that
				  results from the incremental impact of the action when added to other past,
				  present, and reasonably foreseeable future actions regardless of what person
				  undertakes the other actions. Cumulative effects can result from individually
				  minor but collectively significant actions taking place over a period of
				  time.