Public Notice Frequently Asked Questions

The Department has developed instructions and examples for determining the adjacent landowners.

If the property owner of the site where the proposed work will be performed is someone other than the applicant, then an affidavit from the property owner will be required that states they authorized the performance of the proposed work on their site. The affidavit will replace the need to provide the property owner with public notice.

The Procedures Governing Certain Licenses Act, IC 14-11-4 (The Act) stipulates that both the applicant and the Department must provide public notice.

Applicant:
Section 5 of the Act states "... the applicant [or authorized agent] must notify at least one (1) of the owners of each parcel of real property reasonably known to be adjacent to the affected real property".

Department:
The Act states that the Department must provide notice to:
"... persons who have requested notification of a license [permit] application that:

1. Affects specific real property to which the application relates; or
2. Is of the same type as the application".

To satisfy this requirement the Department prepares and mails a list of recently filed applications on a weekly basis. The list is provided without charge to individuals, groups, organizations, etc. who wish to be informed of the applications received. To be placed on the mailing list, submit a written request, including the complete mailing address, to:

Technical Services Section
Division of Water
Room W264
402 West Washington Street
Indianapolis, Indiana 46204
Water_inquiry@dnr.IN.gov

To ensure that the applicant's and Department's notice contain sufficient material to adequately inform the recipient(s) of the project scope and hearing options the Public Hearings Rule, 312 IAC 2-3, specifies what material must be included in the notice.
"A notice ... shall do the following

1. Provide the name and address of the applicant.
2. Identify the statute and rule under which a permit is sought.
3. Identify the specific real property to which the application relates ...
4. Set forth any other information required by statute or rule relative to the particular type of permit sought.
5. Include an explanation of the options available to the person served. These options shall be as follows:
1. File a petition with the director requesting and informal hearing
2. Request the Department to notify the person in writing when an initial determination is made to issue or deny the permit ..."

Using the statutory requirements as a base, the Department developed a public notice form (N2 Form) that satisfies the requirements listed above.

Public Notice must be provided to adjacent landowners after your application is submitted to the Department.

The Act is silent relative to how public notice must be given; therefore, the specifics were defined within the Public Hearings Rule, 312 IAC 2-3. The Public Hearings Rule offers the applicant several methods of notice:

1. Personal Service:
   Under this option, the applicant must hand deliver the public notice form (N2 Form) to the adjacent property owner(s). The form must be handed directly to a property owner, or their representative, simply leaving it at the door or mailbox is not sufficient for hand delivery.

Additionally, the applicant must complete and return an N4 Form to the division as proof that notice has been provided. If personal service was used to provide notice to the adjacent property owner(s), mark the "personal service" box on the form and provide the date the notice was provided to the adjacent property owner(s). The form requires the applicant to list the name(s) and address(es) of the individual(s) served as well as sign and date the form at the bottom.

2. 1st Class Mail:
   Under this option, 1st class mail is used to provide notice to the adjacent property owner(s). For each notice sent, the applicant must obtain a "Certificate of Mailing", Postal Form PS 3817, stamped with the date of mailing from the USPS.

Additionally, the applicant must complete and return an N4 Form to the division as proof that notice has been provided. If 1st Class mail was used to provide notice to the adjacent property owner(s), mark the “1st Class Mail” box on the form and provide the postmarked date provided on the Postal Form PS 3817. The form requires the applicant to list the name(s) and address(es) of the individual(s) served as well as sign and date the form at the bottom. The completed form and all "Certificates of Mailing" must be returned to the Department as proof of public notice.

Please note the applicant must also avow on the form that 21 days have elapsed without the notice(s) being returned as undelivered or undeliverable before signing and returning the form to the Division.

3. Certified Mail:
   Under this option, certified mail is used to provide notice to the adjacent property owner(s). For each notice sent, the applicant must obtain a "Domestic Return Receipt", Postal Form PS 3811 (commonly known as the "green card"), signed by the recipient. If the “Electronic Return Receipt” is chosen, then the “Certified Mail Receipt” (PS Form 3800) must be included with each Electronic Return Receipt.

Additionally, the applicant must complete and return an N4 Form to the division as proof that notice has been provided. If certified mail was used to provide notice to the adjacent property owner(s), mark the "certified mail service" box and provide the date listed on the signed green card. The form requires the applicant to list the name(s) and address(es) of the individual(s) served as well as sign and date the form at the bottom. The completed form and all return receipts must be returned to the Department as proof of that public notice has been performed.

4. Legal Publication:
   Please note the Public Hearings Rule states that public notice by legal publication may only be used in specific circumstances:
1. The current address of a person entitled to notice under this rule is not ascertainable.
2. The identity or existence of a person entitled to notice is not ascertainable.
3. The Department directs the applicant to cause notice by publication because the license [permit] application is likely to evoke general public interest.

Prior to performing notice by legal publication the applicant should contact the Division of Water's Technical Services Branch at (317) 232-4160 to discuss its suitability. If deemed appropriate, proof of notice is accomplished by submitting a copy of the notice and the publisher's affidavit to the Department. If you are using a publication for public notice, the date of the publication must occur after the application is submitted to the Division of Water and will be considered the effective date.

The department does not accept email as an acceptable method of notice. Notice must be provided by either personal service, 1st class mail, or certified mail.

1. Undeliverable, No Forwarding Address, or No Such Address/Number:

Attempt to notify the property owner again by trying a different method, verifying the address, or by doing a newspaper publication.

2. Refused or Unclaimed:

A copy of the envelope that is stamped refused or unclaimed is all the Department needs to document the file. No further action is required by the applicant/agent.

The Public Hearings Rule clearly states that any expense incurred as a result of the public notice process must be borne by the applicant: "... service of notice must be provided by the applicant at its expense".

Definitions

"owner" means "... the person:

1. Listed on the tax assessment rolls as being responsible for the payment of real property taxes imposed on the property; and
2. In whose name title to real property is shown in the records of the recorder of the county in which the real property is located".

The phrase "adjacent to the affected real property" is defined by the Public Hearings Rule:

"adjacent to the affected real property" means "real property owned by a person, other than the applicant, which is both of the following:

2. Located within one-fourth (¼) mile of the site where the licensed activity would take place.
3. Has a border or point in common with the exterior boundary of the property where the licensed activity would take place. Included is property which would share a common border or point if not for the separation caused by  a right-of-way, easement, or railroad."
   
   Note: The Department includes roadways and waterways within the context of a right-of-way.