TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #22-350(F)
DIGEST
312 IAC 1-1-26 "Ordinary high watermark" defined
Authority:
IC 14-10-2-4
Sec. 26. "Ordinary high watermark" means the following:
(1) The line on the shore of a waterway established by the fluctuations of water and indicated by physical characteristics. Examples of these physical characteristics include the following:
(A) (1) A clear and natural line impressed on the bank.
(B) (2) Shelving.
(C) (3) Changes in character of the soil.
(D) (4) The destruction of terrestrial vegetation.
(E) (5) The presence of litter or debris.
(2) Notwithstanding subdivision (1), the shore of Lake Michigan at five hundred eighty-one and five-tenths (581.5) feet I.G.L.D., 1985 (five hundred eighty-two and two hundred fifty-two thousandths (582.252) feet N.G.V.D., 1929).
(Natural Resources Commission; 312 IAC 1-1-26; filed Dec 1, 1995, 10:00 a.m.: 19 IR 659; readopted filed May 8, 2001, 3:51 p.m.: 24 IR 2895; readopted filed May 29, 2007, 9:42 a.m.: 20070613-IR-312070111RFA; readopted filed Sep 19, 2013, 10:13 a.m.: 20131016-IR-312130169RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190006RFA; filed Apr 24, 2023, 10:29 a.m.: 20230524-IR-312220350FRA)
312 IAC 6-7-5 Factors tending to support a finding an emergency exists
Authority:
IC 14-10-2-4;
IC 14-28-3-2;
IC 14-29-1-8
Sec. 5. Factors tending to support a finding emergency conditions are present under section 3 of this rule include the following:
(1) The lake level is rising.
(2) The current lake level is higher than the ordinary high watermark. (five hundred eighty-one and five-tenths (581.5) feet) or lower than five hundred seventy-eight (578) feet I.G.L.D., 1985.
(3) The failed or threatened erosion control structure is in close proximity to the subject property.
(4) The content, design, or position of an erosion control structure makes its accelerated deterioration or collapse more likely.
(5) The existing angle of repose of a bluff face or the bluff height make continued slumping probable.
(6) The risk of harm to public safety or major damage to real property is aggravated by external circumstances.
(7) If immediate action is not taken, persons other than the person seeking to perform emergency remedial action are also likely to suffer harm.
(Natural Resources Commission; 312 IAC 6-7-5; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1611; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA; readopted filed Nov 24, 2015, 4:05 p.m.: 20151223-IR-312150295RFA; readopted filed Sep 23, 2021, 9:42 a.m.: 20211020-IR-312210342RFA; filed Apr 24, 2023, 10:29 a.m.: 20230524-IR-312220350FRA)
Hearing Held: February 28, 2023
Approved by Attorney General: April 12, 2023
Approved by Governor: April 19, 2023
Filed with Publisher: April 24, 2023, 10:29 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Jennifer Ware, Assistant Director, Division of Water, Department of Natural Resources, Indiana Government Center South, 402 West Washington Street, W254, Indianapolis, IN 46204, (317) 234-1093, jware@dnr.in.gov
Posted: 05/24/2023 by Legislative Services Agency
DIN: 20230524-IR-312220350FRA
Composed: May 02,2024 5:16:53AM EDT
A
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