TITLE 312 NATURAL RESOURCES COMMISSION
Proposed Rule
LSA Document #07-467
DIGEST
Adds
312 IAC 11-3-4 to implement
IC 14-26-2-23(e)(2)(A), which authorizes the Natural Resources Commission to provide, by rule, for the common use of structures on a public freshwater lake if needed to accommodate the interests of landowners who have property rights abutting the lake or rights to access the lake. Effective 30 days after filing with the Publisher.
312 IAC 11-3-4 Common usage where needed to accommodate landowner property rights
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 4. (a) This section applies where common usage is needed to accommodate the interests of landowners that have either:
(1) property rights abutting a lake; or
(2) rights to access the lake.
(b) If the placement of multiple structures is found to result in interference to the property rights of a landowner, the department (or, on administrative review, the commission) may require licensure to be conditioned upon common use and maintenance of a structure.
(c) Common use and maintenance may be implemented through any of the following persons:
(1) A corporation.
(2) A limited liability company.
(3) A partnership.
(4) An association.
(6) Another person providing for common ownership and determined by the department (or, on administrative review, by the commission) to be capable of serving the purposes of this section.
(d) A person who refuses to participate in a process for common usage, established under this section, may be denied:
(1) a license by the department; and
(2) access to the common structure by the person identified under subsection (c).
(Natural Resources Commission; 312 IAC 11-3-4)
Posted: 11/07/2007 by Legislative Services Agency
DIN: 20071107-IR-312070467PRA
Composed: May 04,2024 5:33:54PM EDT
A
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