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TITLE 312 NATURAL RESOURCES COMMISSION

Emergency Rule
LSA Document #17-491(E)

DIGEST

Temporarily adds noncode provisions to amend 312 IAC 8 to restrict temporarily the use of a state forest during a forest resource management activity. Repeals LSA Document #17-482(E), posted at 20171101-IR-312170482ERA. Effective November 7, 2017.


SECTION 1. (a) This document supplements 312 IAC 8 to establish a process for restricting temporarily the use of a state forest during a particular forest resource management activity.

(b) The following definitions apply to this document and to any action by the state forester taken under this document:
(1) Definitions in 312 IAC 8-1.5.
(2) "Forest resource management activity" refers to any:
(A) timber stand improvement;
(B) prescribed fire;
(C) pesticide application;
(D) timber sale;
(E) timber harvest;
(F) trail construction; or
(G) other management activity;
which is conducted on a state forest.
(3) "State forester" means the director of the division of forestry of the department of natural resources.

(c) As determined reasonably required for the protection of public health, safety, property, or the environment, the state forester may:
(1) For the conduct of a timber sale, identify the exclusive area or areas where contractors and all other members of the public may observe a bid opening.
(2) For the conduct of a forest resource management activity:
(A) Establish a zone from which the public is prohibited, the boundaries of which are not less than the following:
(i) Two hundred (200) feet from the perimeter of the forest resource management activity.
(ii) Two hundred (200) feet from a tree marked for removal.
(iii) One hundred (100) feet from a road authorized for use during the forest resource management activity.
(B) Restrict or close any trail that enters a zone, established under clause (A), at the junction of the trail with another trail or a road that does not enter the zone.
(3) To facilitate the conduct of a forest resource management activity, designate, or condition routes within the department property to manage the movement of vehicular traffic, persons, or animals. This subdivision may include restrictions on parking.

SECTION 2. THE FOLLOWING IS REPEALED: LSA Document #17-482(E).

SECTION 3. SECTION 1 of this document takes effect on November 7, 2017.

LSA Document #17-491(E)
Filed with Publisher: November 7, 2017, 3:33 p.m.

Posted: 11/08/2017 by Legislative Services Agency

DIN: 20171108-IR-312170491ERA
Composed: Apr 27,2024 9:54:04AM EDT
A PDF version of this document.