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TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #07-29(F)

DIGEST

Adds 312 IAC 5-6-6.5 to govern special watercraft standards and the placement of temporary structures on Lake of the Woods in Marshall County, to approve, on designated portions of Lake of the Woods, temporary piers and boat lifts for as long as 300 feet from the shoreline or water line, as otherwise provided under 312 IAC 11, and, for those locations, the idle speed limit for watercraft is extended to 350 feet from the shoreline or water line, and the defined term "shoreline or water line" is made specific to the legal elevation of Lake of the Woods during the primary boating season. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 5-6-6.5 IS ADDED TO READ AS FOLLOWS:

312 IAC 5-6-6.5 Lake of the Woods; special watercraft zones and temporary structure standards

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23


Sec. 6.5. (a) Notwithstanding 312 IAC 11-3-1(b)(5), a temporary pier or boat lift is authorized on Lake of the Woods in Marshall County by a general license under IC 14-26-2 if the structure conforms with both of the following:
(1) Satisfies 312 IAC 11-3-1(b)(1) through 312 IAC 11-3-1(b)(4), 312 IAC 11-3-1(b)(7), and 312 IAC 11-3-1(b)(8).
(2) Extends not more than either of the following:
(A) One hundred fifty (150) feet from the shoreline or water line and satisfies 312 IAC 11-3-1(b)(6).
(B) Three hundred (300) feet from the shoreline or water line and does not extend over water that is continuously more than three (3) feet deep at either of the following locations:
(i) From a point at the shoreline or water line at 16 T 0564236 UTM 4587255 clockwise to a point at the shoreline or water line at 16 T 0564816 UTM 4585984.
(ii) From a point at the shoreline or water line at 16 T 0565073 UTM 4585166 clockwise to a point at the shoreline or water line at 16 T 0564606 UTM 4585044.

(b) A person must not operate a watercraft in excess of idle speed within three hundred fifty (350) feet of the shoreline or water line for the areas identified in subsection (a)(2)(B).

(c) As used in this section, "shoreline or water line" means the line formed under IC 14-26-2-4(1) at eight hundred three and eighty-five hundredths (803.85) feet, National Geodetic Vertical Datum of 1929 (NGVD-29).
(Natural Resources Commission; 312 IAC 5-6-6.5; filed Nov 16, 2007, 1:43 p.m.: 20071212-IR-312070029FRA)


LSA Document #07-29(F)
Notice of Intent: 20070131-IR-312070029NIA
Proposed Rule: 20070711-IR-312070029PRA
Hearing Held: August 9, 2007
Approved by Attorney General: November 5, 2007
Approved by Governor: November 15, 2007
Filed with Publisher: November 16, 2007, 1:43 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Lt. Col. Samuel Purvis, Executive Officer, Department of Natural Resources, Indiana Government Center-South, 402 West Washington Street, Room W255D, Indianapolis, IN 46204, (317) 232-4010, spurvis@dnr.in.gov

Posted: 12/12/2007 by Legislative Services Agency

DIN: 20071212-IR-312070029FRA
Composed: May 03,2024 8:12:25AM EDT
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