TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #10-668(F)
DIGEST
Amends
312 IAC 1-1-23 concerning the definition of license. Adds
312 IAC 8-1.5 concerning definitions. Amends
312 IAC 8-2-5 concerning alcoholic beverages. Amends
312 IAC 8-2-8 concerning vehicles, trails, boats, and aircraft. Adds
312 IAC 8-2-17 to govern the use of Redbird State Riding Area and the use of Interlake State Recreation Area. Repeals
312 IAC 8-1-4. Effective 30 days after filing with the Publisher.
Authority:
IC 14-10-2-4
Sec. 23.
"License", (a) Except as provided in
IC 14-8-2-152, subsections (b) and (c), "license" has the meaning set forth in
IC 4-21.5-1-8.
Rule 1.5. Definitions
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 1. The definitions in this rule are supplemental to those set forth at 312 IAC 1 and apply throughout this article.
(Natural Resources Commission; 312 IAC 8-1.5-1; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 2. "Alcoholic beverage" has the meaning set forth in IC 7.1-1-3-5.
(Natural Resources Commission; 312 IAC 8-1.5-2; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
312 IAC 8-1.5-3 "Authorized representative" defined
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 3. "Authorized representative" means the director or another person designated by the director.
(Natural Resources Commission; 312 IAC 8-1.5-3; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 4. "Berry" means the fruiting body of the following:
(1) A blackberry (Rubus).
(2) A blueberry (Vaccinium).
(3) A dewberry (Rubus).
(4) An elderberry (Sambucus).
(5) A gooseberry (Ribes grossularia).
(6) A huckleberry (Ericaceae).
(7) A mulberry (Morus).
(8) A raspberry (Rubus).
(9) A serviceberry (Amelanchier).
(10) A strawberry (Fragaria).
(Natural Resources Commission; 312 IAC 8-1.5-4; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 5. "Campground" means an area that accommodates any of the following:
(1) Tents.
(2) Recreational vehicles.
(3) Vacation mobile homes.
(Natural Resources Commission; 312 IAC 8-1.5-5; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 6. (a) Except as provided in subsection (b), "DNR property" means land and water where any of the following applies:
(1) The department has ownership.
(2) The department holds a lease, easement, or license.
(4) The department manages the property.
(b) Exempted from DNR property are each of the following:
(1) A public freshwater lake.
(2) A navigable waterway.
(3) Buildings or grounds (other than those of the Indiana state museum) not located at recreational, natural, or historic sites.
An area is not exempted because the department has issued a lease, license, or concession to another person.
(Natural Resources Commission; 312 IAC 8-1.5-6; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 7. "Fallen cone" means the fruiting body of a coniferous tree that is no longer attached to a living tree.
(Natural Resources Commission; 312 IAC 8-1.5-7; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
312 IAC 8-1.5-8 "Firearm or bow and arrows" defined
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 8. "Firearm or bow and arrows" means:
(1) a firearm;
(2) an air gun;
(3) a CO2 gun;
(4) a spear gun;
(5) a bow and arrows;
(6) a crossbow;
(7) a paint gun; or
(8) a similar mechanical device;
that can be discharged and is capable of causing injury or death to a person or an animal or damage to property.
(Natural Resources Commission; 312 IAC 8-1.5-8; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 9. "Fruit" means the fruiting body of the following:
(1) Apples (Malus).
(2) Cherries (Prunus).
(3) Grapes (Vitis).
(4) Hawthorns (Crataegus).
(5) Pawpaws (Asimina).
(6) Pears (Pyrus).
(7) Persimmons (Diospyros).
(8) Plums (Prunus).
(9) Roses (Rosa).
(Natural Resources Commission; 312 IAC 8-1.5-9; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 10. "Greens" means the aboveground shoots or leaves of the following:
(1) Asparagus (Asparagus officinalis).
(2) Dandelion (Asteraceae).
(3) Mustard (Brassicaceae).
(4) Plantain (Plantaginaceae).
(5) Poke (Phytolaccaceae).
(Natural Resources Commission; 312 IAC 8-1.5-10; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 11. "Group boat dock" means an artificial basin or enclosure for the reception of boats on Lake Monroe or Mississinewa Lake that is owned and maintained by adjacent landowners for their private usage.
(Natural Resources Commission; 312 IAC 8-1.5-11; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 12. "Leaf" means the leaf of a woody plant for use in a leaf collection or similar academic project.
(Natural Resources Commission; 312 IAC 8-1.5-12; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 13. (a) "License" means:
(1) a license;
(2) a permit;
(3) an agreement;
(4) a contract;
(5) a lease;
(6) a certificate; or
(7) any other form of approval;
issued by the department.
(b) A license may authorize an activity otherwise prohibited by this article.
(Natural Resources Commission; 312 IAC 8-1.5-13; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 14. (a) "Motorized cart" means a conveyance that is:
(1) motor driven, either by gas or electricity;
(2) used to carry passengers or equipment; and
(3) smaller than the types of motor vehicles required to be registered by the bureau of motor vehicles such as a:
(b) A motorized cart may be characterized as a golf cart, utility cart, or similar form of motor vehicle.
(c) The term does not include:
(1) an electric personal assistive mobility device (as defined in IC 9-13-2-49.3);
(5) an off-road vehicle.
(Natural Resources Commission; 312 IAC 8-1.5-14; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 15. "Mushroom" means edible fungi.
(Natural Resources Commission; 312 IAC 8-1.5-15; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 16. "Nut" means a fruit or seed of any of the following:
(1) Hazelnut (Corylus).
(2) Hickory (Carya).
(3) Oak (Quercus).
(4) Pecan (Carya).
(5) Walnut (Juglans).
(Natural Resources Commission; 312 IAC 8-1.5-16; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 17. (a) "Off-road vehicle" means a motor driven vehicle capable of cross-country travel:
(1) without benefit of a road; and
(2) on or immediately over:
(A) land;
(B) water;
(C) snow;
(D) ice;
(E) marsh;
(F) swampland; or
(G) other natural terrain.
(b) The term includes the following:
(1) A multi-wheel drive or low pressure tire vehicle.
(2) An amphibious machine.
(3) A ground effect air cushion vehicle.
(4) Other means of transportation deriving motive power from a source other than muscle or wind.
(c) The term does not include the following:
(1) A farm vehicle being used for farming.
(2) A vehicle used for military or law enforcement purposes.
(3) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function.
(4) A snowmobile.
(5) A registered aircraft.
(6) Any other vehicle properly registered by the bureau of motor vehicles.
(7) Any boat that is registered under Indiana statutes.
(8) A golf cart vehicle.
(Natural Resources Commission; 312 IAC 8-1.5-17; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 18. "Operate" means to:
(1) ride in or on; and
(2) be in actual physical control of the operation of;
a motorized cart, an off-road vehicle, or a vehicle.
(Natural Resources Commission; 312 IAC 8-1.5-18; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 19. "Public road" means a public highway under IC 9-25-2-4 that is designated by the department for use by the public.
(Natural Resources Commission; 312 IAC 8-1.5-19; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 20. "Recreation area" means an area that is managed by the department for specific recreation activities.
(Natural Resources Commission; 312 IAC 8-1.5-20; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 21. "Snowmobile" has the meaning set forth in IC 14-8-2-261.
(Natural Resources Commission; 312 IAC 8-1.5-21; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 22. "Vehicle" means:
(1) an automobile;
(2) a motorcycle;
(3) a truck;
(4) a trailer;
(5) a semitrailer;
(6) a tractor;
(7) a bus;
(8) a school bus;
(9) a recreational vehicle;
(10) a trailer or semitrailer used in the transportation of a boat; or
(11) a motorized bicycle.
(Natural Resources Commission; 312 IAC 8-1.5-22; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 5. A person must not possess or consume an alcoholic beverage at any of the following locations:
(1) Indiana Dunes State Park.
(2) Redbird State Riding Area.
(3) Interlake State Recreation Area.
(2) (4) A swimming beach or pool.
(3) (5) A shooting range.
312 IAC 8-2-8 Vehicles, trails, boats, and aircraft
Authority:
IC 14-10-2-1;
IC 14-10-2-4;
IC 14-11-2-1;
IC 14-19-1-1
Sec. 8. (a) A person must not operate a vehicle:
(1) at a speed greater than:
(A) thirty (30) miles per hour on straight, open stretches of road; or
(B) fifteen (15) miles per hour on steep grades or curves or where posted; or
(2) except as provided in section 17 of this rule, other than on a public road.
(b) A person must not park:
(1) a vehicle;
(2) a boat; or
(3) associated equipment;
except at a site designated by the department.
(c) A person must not operate a motorized cart on a DNR property except as follows:
(1) The person must demonstrate both of the following:
(A) The person holds a valid driver's license.
(B) The person:
(i) is at least sixty-five (65) years of age that is evidenced by the valid driver's license; or
(ii) has a disability, as defined by the federal Social Security Administration guidelines (42 U.S.C. 416), that is evidenced by documentation from the Social Security Administration.
(2) A person must not operate a motorized cart other than within a campground.
(3) A motorized cart must, if operated between the hours of sunset and sunrise, have a lamp on the:
(A) front exhibiting a white light visible at least five hundred (500) feet ahead of the motorized cart; and
(B) rear exhibiting a red light visible at least five hundred (500) feet behind the motorized cart.
(4) A restriction applicable to the operation, parking, or other use of a vehicle under this section also applies to a motorized cart.
(5) As used in this subsection, "campground" means an area where provisions are made for the accommodation of any of the following:
(A) Tents.
(B) Recreational vehicles.
(C) Vacation mobile homes.
(6) (5) As used in this subsection, "motorized cart" has the meaning set forth in
IC 14-19-1-0.5.
(d) A person moving cross-country on a trail must remain on the designated pathway for the trail. A person must not:
(1) hike;
(2) bike;
(3) ski;
(4) horseback ride; or
(5) operate an off-road vehicle or snowmobile;
except on a trail designated for the purpose. A person must not ride, lead, drive, or hitch an animal, except where designated by the department.
(e) A person must not launch, dock, or moor a boat, except:
(1) for approved periods; and
(2) at sites designated by the department for those purposes.
(f) A person must not:
(1) leave a boat unattended in a courtesy dock provided by the department; or
(2) moor a boat at a designated group dock or mooring post unless the boat exhibits a valid mooring permit.
(g) A person must not operate or maintain a boat on a lake unless the person does each of the following:
(1) Operates the boat according to any horsepower or speed restrictions applicable to the lake.
(2) Except as provided in subdivisions (3) and (6), obtains and displays a valid annual boat lake permit as follows:
(A) Purchase from the department a boat lake permit under a fee schedule approved by the commission.
(B) Affix the permit in a visible location on the forward half of the boat.
(3) Except as provided in subdivision (6), for a motorboat, obtains and displays a valid annual motorboat lake permit as follows:
(A) Purchase from the department a motorboat lake permit under a fee scheduled approved by the commission.
(B) Affix the permit in a visible location on the port (left) side immediately following the excise tax decal or registration number.
(4) For a lake containing fewer than three hundred (300) acres, operates a motorboat only if the motorboat is either of the following:
(A) Powered by an electric trolling motor with not more than:
(i) two (2) 12-volt batteries; or
(ii) one (1) 24-volt battery.
(B) Operated on Loon Lake, Otter Lake, or Blue Grass Pit in the Blue Grass Fish and Wildlife Area at not greater than idle speed.
(5) Removes a boat from the lake before the expiration of fourteen (14) consecutive days, unless the boat is moored in an area where the department has approved mooring for a longer duration.
(6) A lake located on a DNR property administered by the division of fish and wildlife is exempted from subdivisions (2) and (3).
(h) A person must not leave a vehicle, boat, or associated equipment at a DNR property unless the person is actively engaged in the use of:
(1) a DNR property; or
(2) an adjacent:
(A) public freshwater lake; or
(B) navigable waterway.
(i) A person must not land, taxi, take-off, park, or moor:
(1) an aircraft;
(2) a hang glider;
(3) an ultralite;
(4) a powered model aircraft; or
(5) a hot air balloon;
except at a site designated for that purpose or pursuant to a license.
312 IAC 8-2-17 Redbird State Riding Area and Interlake State Recreation Area
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 17. (a) This section establishes requirements that supplement or modify requirements otherwise applicable to a DNR property for both of the following:
(1) Redbird State Riding Area in Greene County and Sullivan County.
(2) Interlake State Recreation Area in Pike County and Warrick County.
(b) Every vehicle must be registered under IC 9-18-1, and every off-road vehicle must be registered under IC 14-16-1.
(c) Every vehicle or off-road vehicle must be equipped with functioning spark arrestors and mufflers.
(d) Tire chains and studded tires are prohibited.
(e) The operator of an off-road vehicle who is under sixteen (16) years of age must be directly supervised by a parent or guardian who possesses a valid driver's license.
(f) The operator of a vehicle must:
(1) be at least sixteen (16) years of age; and
(2) possess a valid driver's license.
(g) A vehicle must be equipped with a roll bar or other overhead protection for the benefit of the operator and any passenger. The operator and any passenger in a vehicle must wear a seatbelt.
(h) Except as otherwise provided in this subsection, the operator and any passenger on a motorcycle or an off-road vehicle must wear a motorcycle safety helmet that complies with 49 CFR 571.218* while the off-road vehicle or motorcycle is in operation. A safety helmet is not required on an off-road vehicle with either of the following:
(1) A fully-enclosed metal cab.
(2) Both of the following:
(A) Roll bar protection.
(B) A seatbelt or harness worn by the operator and any passenger.
*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401, or online at http://bookstore.gpo.gov/. The document is available for review and copying at the Indiana Natural Resources Commission, Division of Hearings, 100 North Senate Avenue, Room N501, Indianapolis, IN 46204.
(Natural Resources Commission; 312 IAC 8-2-17; filed Aug 18, 2011, 11:38 a.m.: 20110914-IR-312100668FRA)
Hearing Held: April 26, 2011
Approved by Attorney General: August 15, 2011
Approved by Governor: August 18, 2011
Filed with Publisher: August 18, 2011, 11:38 a.m.
Documents Incorporated by Reference: 49 CFR 571.218
Small Business Regulatory Coordinator: Dale Brier, Streams and Trails Specialist, Division of Outdoor Recreation, Department of Natural Resources, Indiana Government Center South, 402 West Washington Street, Room W271, Indianapolis, IN 46204-2640, (317) 232-4072, dbrier@dnr.in.gov
Posted: 09/14/2011 by Legislative Services Agency
DIN: 20110914-IR-312100668FRA
Composed: Apr 18,2024 5:57:47PM EDT
A
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