TITLE 312 NATURAL RESOURCES COMMISSION

Adds 312 IAC 11-1-4, 312 IAC 11-2-1.5, and 312 IAC 11-3-1.2 and amends 312 IAC 11-3-2, governing public freshwater lakes, to define and establish standards for a general license to place an aerator, to clarify that an aerator that is not authorized by a general license must not be placed in a public freshwater lake except upon a person's prior receipt of an individual license, to amend provisions addressing the administrative review of general licenses to include general licenses for the placement and maintenance of an aerator, to remove the requirement of participation in mediation if all parties agree not to participate, to identify a nonrule policy document that provides guidance for the identification of riparian zones, and to make other technical changes. Effective January 1, 2011.

SECTION 1. 312 IAC 11-1-4 IS ADDED TO READ AS FOLLOWS:

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 (Second Amendment) as published by the Legislative Services Agency at 20100331-IR-312100175NRA (March 31, 2010).

SECTION 2. 312 IAC 11-2-1.5 IS ADDED TO READ AS FOLLOWS:

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:

SECTION 3. 312 IAC 11-3-1.2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 14-15; IC 14-26-2

Sec. 1.2. (a) This section establishes terms for a general license to place and maintain an aerator.

(b) A person who acts under this section is not required to complete an application or to obtain a written license from the department under IC 14-26-2 and this rule. A person who wishes to place or maintain an aerator, which does not qualify under this section, must obtain a written license in advance of placement.

(c) To qualify for the general license, a person must satisfy each of the following requirements:

SECTION 4. 312 IAC 11-3-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-21.5; IC 14-15; IC 14-26-2

Sec. 2. (a) A person may seek administrative review of the placement or maintenance of a temporary structure or a dry hydrant, or a glacial stone reface, under section 1 or 1.2 of this rule.

(b) Administrative review under this section is subject to IC 4-21.5 and 312 IAC 3-1. If a dispute involves the placement of a pier, another temporary structure, or a glacial stone reface, where the review of another structure authorized by a general license appears appropriate to a full and fair determination of the dispute, the administrative law judge may order additional parties joined.

(c) The administrative law judge shall commit the matter to mediation under 312 IAC 11-1-3 as soon as practicable. Except as otherwise provided in this subsection, no administrative review brought under this section shall proceed to formal discovery or to a hearing without the completion of at least two (2) mediation sessions. A mediation session is not required to be scheduled where either:

(d) Unless otherwise ordered by the administrative law judge or agreed in writing by all the parties, any structure placed by a party under section 1 of this rule must be removed from within areas along or lakeward of the waterline or shoreline or water line upon the later of the following:

(e) In exercising discretion under subsection (d), an administrative law judge shall consider whether the structure poses a substantial intrusion or merely a de minimis intrusion to the interests protected by IC 14-26-2, IC 14-15-7-3, and this rule.

DIN: 20100922-IR-312090806FRA

Composed: May 02,2024 1:36:45AM EDT

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