TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #09-856(F)
DIGEST
Amends
312 IAC 11-2-11.5,
312 IAC 11-3-1, and
312 IAC 11-3-3 and adds
312 IAC 11-4-8 governing the placement of structures on public freshwater lakes to provide new standards pertaining to the placement of group piers, to require written approval, and not mere acquiescence, from a riparian owner for a person who is not a riparian owner to place a structure, to eliminate potentially confusing and unnecessary language cross-referencing to navigable waters, and to make technical and clerical changes. Effective January 1, 2011.
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 11.5. "Group pier" means a pier that provides docking space for any of the following:
(1) At least five (5) separate property owners.
(2) At least five (5) rental units.
(3) An association.
(4) A condominium, cooperative, or other form of horizontal property.
(5) A subdivision or an addition.
(6) A conservancy district.
(7) A campground.
(8) A mobile home park.
(9) A
yacht club
that has, as a purpose, the use of public waters for:
(A) boating;
(B) fishing;
(C) hunting;
(D) trapping; or
(E) similar activities.
312 IAC 11-3-1 General licenses for qualified temporary piers and similar temporary structures; dry hydrants; and glacial stone refaces
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 1. (a) The placement and maintenance of a:
(1) temporary structure;
(2) dry hydrant; or
(3) glacial stone reface;
is authorized without a written license issued by the department under
IC 14-26-2 and this rule if the temporary structure, dry hydrant, or glacial stone reface qualifies under this section.
(b) In order for a temporary structure to qualify, the structure must satisfy each of the following:
(1) Be easily removable.
(2) Not infringe on the access of an adjacent landowner to the public freshwater lake.
(3) Not unduly restrict navigation.
(4) Not be unusually wide or long relative to similar structures within the vicinity on the same public freshwater lake.
(5) Not extend more than one hundred fifty (150) feet from the legally established or average normal waterline or shoreline or water line.
(6) If a pier, not extend over water that is continuously more than six (6) feet deep to a distance of one hundred fifty (150) feet from the legally established or average normal waterline or shoreline or water line.
(7) Not be a marina.
(8) Not be a group pier.
(9) Be placed by a riparian owner or with the acquiescence written approval of a riparian owner.
(c) Illustrations of maximum lengths for a pier or similar structure that may qualify under subsection (b) are as follows:
Where the water depth is six (6) feet or less from the shoreline to one hundred fifty (150) feet from the shoreline, the maximum pier length is one hundred fifty (150) feet.
Where the maximum water depth is continuously more than six (6) feet beyond seventy-five (75) feet from the shoreline, the maximum pier length is seventy-five (75) feet.
Where the maximum water depth is not continuously over six (6) feet from the shoreline, the maximum pier length is one hundred fifty (150) feet.
(d) In order for the placement, maintenance, and operation of a dry hydrant to qualify, the hydrant must satisfy each of the following:
(1) Be sponsored or owned by a volunteer or full-time fire department recognized by the public safety training institute.
(2) Be readily accessible from an all-weather road, public access site, or similar area.
(3) Have a diameter of at least six (6) inches.
(4) Be constructed of PVC pipe or a similar nontoxic material.
(5) Extend no more than one hundred fifty (150) feet from the waterline or shoreline.
(6) Have all portions of the hydrant and its in-lake accessories be at least five (5) feet below the legally established or average normal water level.
(7) Be marked with a danger buoy, which conforms to
312 IAC 5-4-6(a)(1), at the lakeward end of the hydrant.
(8) Be equipped with a screen or straining device on the lakeward end.
(9) Glacial stone or riprap only may be placed in or on the lakebed for either of the following:
(A) Bedding the intake pipe.
(B) Straining the intake water.
(10) Be approved by the riparian landowner.
(e) In order for the placement of glacial stone on the lakeward side of a seawall
that is located within or along the waterline or shoreline of a public freshwater lake to qualify, the glacial stone reface must satisfy each of the following:
(1) The seawall reface must be comprised exclusively of glacial stone.
(2) The reface must not extend more than four (4) feet lakeward of the waterline or shoreline or water line at the base of a lawful seawall.
(3) A walk or structural tie must not be constructed on the existing seawall in combination with the glacial stone reface.
(4) An impermeable material must not be placed behind or beneath the glacial stone reface.
(5) Filter cloth placed behind or beneath the glacial stone reface must be properly anchored to prevent displacement or flotation.
(6) Erosion from disturbed areas landward of the waterline or shoreline or water line must be controlled to prevent its transport into the lake.
312 IAC 11-3-3 Individual licenses for structures that do not qualify for a general license
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 3. (a) Except as provided in section 1 of this rule and in subsection (c), a structure placed within the
waterline or shoreline
or water line of a public freshwater lake requires a written license issued by the department under
IC 14-26-2 and this rule.
(b) Except as provided in
312 IAC 11-4-7, a structure that is located on a public freshwater lake:
(1) more than one hundred fifty (150) feet; and
(2) less than two hundred (200) feet;
from the
legally established or average normal waterline or shoreline
or water line requires a written license under
IC 14-26-2, this rule,
IC 14-15-7-3, and
312 IAC 5-4. The department may provide that the multiple licensing requirements of this subsection be satisfied with a single written license.
(c) Except as provided in
312 IAC 11-4-7, a structure that is located:
(1) on a public freshwater lake; and
(2) not less than two hundred (200) feet from the waterline or shoreline or water line;
does not require a license under
IC 14-26-2 and this rule, but the structure does require a license under
IC 14-15-7-3 and
312 IAC 5-4. Only a navigation aid or water recreation structure can be licensed under
312 IAC 5-4.
(d) The director or a delegate shall not issue a license under this rule except upon a written determination that shows the following:
(1) The license, including conditions attached to the license, conforms
with to IC 14-26-2 and this rule. In making the determination, there shall be a determination that issuance of the permit would not result in significant environmental harm to the public freshwater lake.
(2) The applicant has demonstrated that an owner of each parcel of real estate, reasonably known to be adjacent to the real estate described in subsection (e)(2), has been notified under
IC 14-11-4 and
312 IAC 2-3.
(e) An application for a license under this section must include a description of the following:
(1) The permanent structure, including plans and specifications of sufficient detail for the department to evaluate the project under
IC 14-26-2 and this rule.
(2) The real estate:
(A) on which the structure would be located; or
(B) that the structure would benefit.
(f) Examples of a structure that requires a written license under this section include the following:
(1) A marina.
(2) A group pier.
(2) (3) A new seawall or a seawall refacing.
(3) (4) An underwater beach.
(4) (5) A boat well excavation, construction, or fill.
(5) (6) A fish attractor.
(6) (7) A pier that is supported by a structure permanently
(A) mounted in, or
(B) affixed to, the bed of the lake.
(7) (8) A boathouse that is totally or partially enclosed on the sides. This structure ordinarily should be:
(A) placed over a boat well constructed landward of the legally established or average normal waterline or shoreline or water line; and
(B) constructed only after a permit is obtained to alter the legally established or average normal waterline or shoreline or water line.
(g) The requirements of this rule are in addition to the requirements of 312 IAC 6 for any public freshwater lake that is also a navigable waterway.
(Natural Resources Commission; 312 IAC 11-3-3; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2224; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Sep 14, 2005, 2:45 p.m.: 29 IR 465; filed Oct 1, 2010, 3:50 p.m.: 20101027-IR-312090856FRA, eff Jan 1, 2011)
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 8. (a) A person must not place a group pier along or within the shoreline or water line of a public freshwater lake unless the person obtains a written license from the department under this section.
(b) The applicant must demonstrate exercise of the license would not do any of the following:
(1) Unreasonably impair the navigability of the public freshwater lake.
(2) Pose an unreasonable hazard to life or property.
(4) Interfere with the reasonable exercise of boating operations by the public.
(5) Interfere with the property interests of a landowner having property rights abutting the lake or rights to access the lake.
(c) The department shall condition a license for a group pier so the placement, configuration, and maintenance of the pier as follows:
(1) Provide a reasonable buffer zone between the pier and the:
(A) portion of the lake two hundred (200) feet from the shoreline or water line; and
(B) riparian zone of adjacent property owners to provide for reasonable navigation by the adjacent property owner and by the public. Except as otherwise provided in this clause, the department shall require at least five (5) feet of clearance on both sides of a riparian line (for a total of ten (10) feet). The department may require as much as ten (10) feet of clearance on both sides of a riparian line (for a total of twenty (20) feet) if, based upon the opinion of a qualified professional, additional clearance is required for reasonable navigation. The department may approve an exception to this clause where adjacent riparian owners use a common pier along their mutual property line, and the purposes of this clause are satisfied by waters elsewhere within their riparian zones.
(2) Do not result in unreasonable traffic congestion either:
(A) in the immediate vicinity of the pier; or
(B) to impair the carrying capacity of the public freshwater lake where the department has determined the carrying capacity in an analysis which is published before the license application is filed.
(3) Do not authorize structures that are likely to be hidden or obscured so as to pose a hazard to the public.
(4) Minimize disturbances to vegetation and sediments in close proximity to the shoreline or water line.
(5) Are unlikely to trap debris or redirect sediments or currents to cause erosion or sedimentation that is detrimental to navigation or to the property rights of other riparian owners.
(6) Avoid causing or appearing to cause appropriation of public water unnecessary to the reasonable exercise of riparian rights. A pier must not extend more than one-half (1/2) the width of the applicant's shoreline or water line. As used in this subdivision, "width" is determined by the straight line formed between the points located at intersections of the applicant's property lines with the shoreline or water line.
(Natural Resources Commission; 312 IAC 11-4-8; filed Oct 1, 2010, 3:50 p.m.: 20101027-IR-312090856FRA, eff Jan 1, 2011)
Hearing Held: June 18, 2010
Approved by Attorney General: August 30, 2010
Approved by Governor: September 10, 2010
Filed with Publisher: October 1, 2010, 3:50 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: James J. Hebenstreit, Assistant Director, Division of Water, Department of Natural Resources, Indiana Government Center South, 402 West Washington Street, Room W264, Indianapolis, IN 46204-2640, (317) 232-4165, jhebenstreit@dnr.in.gov
Posted: 10/27/2010 by Legislative Services Agency
DIN: 20101027-IR-312090856FRA
Composed: May 01,2024 1:06:30PM EDT
A
PDF version of this document.
