TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #08-614(F)
DIGEST
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8
Sec. 3.3. "Creek rock" means each of the following located within a waterway:
(1) Sand.
(2) Gravel.
(3) Rock.
(4) Slab rock.
(Natural Resources Commission; 312 IAC 6-2-3.3; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA)
312 IAC 6-5-9 Creek rock removal from a navigable waterway; general license
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-8
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
(2) receive written permission from the department in the conduct of its responsibilities under IC 14-19-1-1(9). The permission under this subdivision is a proprietary function for the public trust and is not a licensure function.
(c) Without a written license under IC 14-28-1, IC 14-29-1, or IC 14-29-3, and without notice to the department other than as anticipated by subsection (b)(2), a person may remove creek rock from the parcel, if the person satisfies each of the following conditions:
(1) Not more than ten (10) cubic yards of creek rock is removed within one (1) calendar year from the parcel.
(2) The creek rock is removed exclusively by the following methods:
(A) Hand.
(B) Hand tools.
(3) The creek rock is removed between July 1 and March 31 of the following year.
(4) The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision.
(d) An individual license is required under IC 14-28-1 and this article for the removal of creek rock from Lake Michigan.
(Natural Resources Commission; 312 IAC 6-5-9; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA)
Authority: IC 14-10-2-4; IC 14-28-1-5
Sec. 16.5. "Creek rock" means each of the following located within a waterway:
(1) Sand.
(2) Gravel.
(3) Rock.
(4) Slab rock.
(Natural Resources Commission; 312 IAC 10-2-16.5; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA)
312 IAC 10-5-9 Creek rock removal from a nonnavigable waterway; general license without notice
Authority: IC 14-10-2-4; IC 14-28-1-5
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.
(b) Without a written license under IC 14-28-1 and without notice to the department, a person may remove creek rock from the parcel, if the person satisfies each of the following conditions:
(1) Not more than twenty-five (25) cubic yards of creek rock is removed within one (1) calendar year from the parcel.
(2) The creek rock is removed exclusively by the following methods:
(A) Hand.
(B) Hand tools.
(C) Scoop-type excavating equipment. The use of a bulldozer or rock crusher does not qualify under this clause.
(3) The creek rock is removed between July 1 and March 31 of the following year. This restriction does not apply to creek rock, other than slab rock, that is removed from a sand bar or gravel bar and was deposited during any of the following:
(i) a regulatory flood;
(ii) a flood greater than a regulatory flood; or
(iii) a flood for which the governor declares a disaster.
(4) The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision.
(c) A navigable waterway is governed by 312 IAC 6.
(Natural Resources Commission; 312 IAC 10-5-9; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA)
312 IAC 10-5-10 Creek rock removal from a nonnavigable waterway; general license with notice
Authority: IC 14-10-2-4; IC 14-28-1-5
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.
(b) Without a written license under IC 14-28-1 but with notice to the department, a person may remove creek rock from the parcel, if the person complies with this section.
(c) A person who wishes to remove creek rock under this section must file a written notice, on a department form, with the division of fish and wildlife. The notice must include the following information:
(1) Identification of the waterway and a description of the parcel where the removal would occur, including the following:
(A) Terminal points of the project.
(B) Access routes to the project referenced to a readily discernable landmark, such as a bridge or a dam.
(C) The project and access routes must be illustrated on at least one (1) of the following:
(i) A United States Geological Survey topographic map.
(ii) Another map determined by the department to satisfy the purposes of this clause.
(2) The name, address, and telephone number of the person who is seeking the general license. If any of the activities would be performed on behalf of the person by an independent contractor, the name, address, and telephone number of the independent contractor must also be provided.
(3) Documentation to demonstrate the person seeking the general license is the owner of the parcel (or has written permission from the person who is the owner of the parcel).
(4) A statement in which the person agrees to comply with the following conditions:
(A) Creek rock would be removed exclusively through the use of hand-operated equipment or mechanical means, such as an excavator with a bucket with minimal fallback, and would not be pushed and stockpiled. Examples of equipment that qualify for use under this clause include a small tractor, backhoe, or front-end loader. Examples of equipment that do not qualify under this clause include a bulldozer or a rock crusher.
(B) No access road would be constructed to do any of the following:
(i) Destroy more than one-half (1/2) of an acre of trees within a floodway.
(ii) Traverse a wetland indicated on the national wetlands inventory map unless pads are used.
(iii) Raise the elevation of the floodplain.
(iv) Cross a waterway.
(C) Access to the project would be exclusively from one (1) side of the waterway.
(D) Not more than fifty (50) total cubic yards of creek rock would be removed from the waterway within one (1) calendar year. This restriction does not apply to creek rock, other than slab rock, that is removed from a sand or gravel bar and was deposited during any of the following:
(i) a regulatory flood;
(ii) a flood greater than a regulatory flood; or
(iii) a flood for which the governor declares a disaster.
(E) Extraction would be limited to the following:
(i) July 1 through March 31 of the following year.
(ii) A maximum of thirty (30) days.
(d) The following areas do not qualify for a general license under this section unless approved in writing by the department:
(1) Within one-half (1/2) mile of any of the following:
(A) A species listed in the "Roster of Indiana Animals, Insects, and Plants that are Extirpated,
Endangered, Threatened, or Rare (also described as Special Concern)", Information Bulletin
#2, Fourth Amendment (August 1, 2007), published in the Indiana Register at
(B) A known mussel resource.
(C) An outstanding natural area, as contained on the registry of natural areas maintained in the natural heritage data center of the department.
(2) Within a river or stream listed in the Outstanding Rivers List for Indiana, Information Bulletin #4, Second Amendment (May 23, 2007), published in the Indiana Register at 20070530-IR-312070287NRA.
(e) Within ten (10) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a written notice under subsection (c), the division of fish and wildlife shall provide a written response that does one (1) of the following:
(1) Approves the terms of the notice.
(2) Requires additional information with respect to any of the following:
(A) the effects upon the capacity of the floodway;
(B) the safety of life or property; or
(C) the effects upon fish, wildlife, or botanical resources.
(3) Provides additional conditions to the approval.
If the department does not respond under this subsection in a timely fashion, the written notice is approved.
(f) A copy of the written notice provided under subsection (c) and any additional conditions provided by the department under subsection (d) must be posted by the person in a conspicuous location at the site of the project.
(g) The authorization for activities conducted under this section expires two (2) years after the date of issuance by the department.
(h) The authorization for activities conducted under this section does not waive permit requirements of other state, federal, or local government.
(i) A person who elects to act under this general license with notice must comply with:
(1) the terms of the written notice provided under subsection (c); and
(2) any additional conditions provided by the department under subsection (e).
Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a license issued under IC 14-28-1 or this article.
(j) A navigable waterway is governed by 312 IAC 6.
(Natural Resources Commission; 312 IAC 10-5-10; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA)
Hearing Held: January 27, 2009; AND January 27, 2009
Approved by Attorney General: May 1, 2009
Approved by Governor: May 12, 2009
Filed with Publisher: May 12, 2009, 11:27 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Linnea Petercheff, Staff Specialist, Division of Fish and Wildlife, Department of Natural Resources, 402 W. Washington Street, Room W273, Indianapolis, Indiana 46204, (317) 233-6527, lpetercheff@dnr.in.gov
Posted: 06/10/2009 by Legislative Services Agency
DIN: 20090610-IR-312080614FRA
Composed: May 03,2024 9:24:44PM EDT
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