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NRC > Rules > Current Rule Proposals Proposed Rules


A "rule" is the whole or any part of a state agency statement of general applicability that: (1) has or is designated to have the effect of law; and (2) implements, interprets, or prescribes: (A) law or policy; or (B) the organization, procedure, or practice requirements of the state agency. (IC 4-22-2-3)

Public Comment on Proposed Rule Amendments

The Natural Resources Commission adopted nonrule policy document, Information Bulletin #55. The primary purpose of this bulletin is to encourage consistency, transparency and efficiency in the development of hearing officer reports by employees of the Division of Hearings to the Natural Resources Commission. Information Bulletin #55 clarifies that citizens must identify themselves when filing comments in order for those comments to be included in a report or to be considered by a hearing officer in an analysis.

Proposed Rules Open for Public Comment

The Commission's Division of Hearings uses an unofficial checklist to assist with rule adoptions.  An abbreviated form of the checklist is included as an informal reference.

NOTE 1: The link following each rule proposal entitled "Comment on Proposed Rule"  will take you to the comment form page; however, this form does not allow attachments.  If you wish to supplement your comment, please forward attachments to nrcrules@nrc.in.gov.  Include the corresponding rule title (as listed below) in your email's subject line.

NOTE 2: Personal, contact and any other information you provide on this comment form or in an attachment will be provided to the Natural Resources Commission, the Department of Natural Resources, and will be publicly disclosed and searchable on the Internet and in a paper docket.

 

  • Emerald Ash Borer (LSA #08-413) Amends 312 IAC 18-3-18, pertaining to entomology and plant pathology, to regulate the emerald ash borer (Agrilus planipennis), a pest or pathogen, to provide standards for quarantine, and to add counties and townships to the quarantine area. [COMMENT PERIOD IS CLOSED.]

  • Consolidated NRC-OEA Hearings (LSA #08-688) amends 312 IAC 3-1, which establishes procedural rules for the Natural Resources Commission, Division of Hearings, toprovide for the consolidation of proceedings with the Office of Environmental Adjudication as required by P.L. 84-2008.  As anticipated by IC 14-10-2-2.5, this amendment is being adopted as a joint rule with the Office of Environmental  Adjudication. [COMMENT ON PROPOSED RULE.]

  • Flood Control Revolving Fund (LSA # Not Yet Assigned) Adds 312 IAC 27 to assist with the implementation flood control revolving fund, a low-interest loan to local units of government to build or repair flood control works. [COMMENT ON PROPOSED RULE.]

  • Floodway Gravel Extraction (LSA #08-614) Amends 312 IAC 6 for navigable waters and amends 312 IAC 10 for nonnavigable waters to address general licenses and indivisual licenses for the extraction of sand, gravel, rock, and slab rock. [COMMENT ON PROPOSED RULE]

  • Great Lakes Water Incipient Rule (LSA #08-531) Amends 312 IAC 6.2, which addresses Great Lakes Basin Water Management, to assist with implementation of P.L.4-2008 (SEA 45) and the eventuality of effectuation of the Great Lakes-St. Lawrence River Basin Water Resources Compact. Comment period ends at Midnight on October 15, 2008. [COMMENT ON PROPOSED RULE]

  • "Lake" Definition (LSA #08-286) Amends 312 IAC 1-1-2, which defines “lake” for rules in 312 IAC, to coordinate with a definition of “lake” added by SEA 41-2008 to IC 14-26-2 (sometimes referred to as the “Lakes Preservation Act”); to include bays and coves except for the determination of a “small lake” under IC 14-8-2-259; to clarify the inclusion of channels in a “public freshwater lake”; and to specify that determinations are based upon the highest legal elevation, if a lake has more than one legal elevation.  [COMMENT PERIOD IS CLOSED.]

  • Lake Manitou Ecozone (LSA # Not Yet Assigned) Adds 312 IAC 6-6-5.5 to establish a watercraft protected zone in an area known as the “prairie” in Lake Manitou, Fulton County. [COMMENT ON PROPOSED RULE]

  • Laughery Creek (LSA # Not Yet Assigned) Amends 312 IAC 5-7-10 to establish a revised idle zone on Laughery Creek in Dearborn and Ohio Counties. [COMMENT ON PROPOSED RULE.]

  • Lake Tippecanoe - Lake James Ecozones (LSA #08-295) Amends 312 IAC 5-6-9, governing the use of boats on Tippecanoe Lake, James Lake, and channels connected to these lakes in Kosciusko County, to establish special watercraft zones. [COMMENT PERIOD IS CLOSED.]

  • Navigable Waters Pier Placement (LSA # Not Yet Assigned) Amends 312 IAC 6 governing the placement of structures in navigable waters to provide new standards pertaining to the placement of piers.  Incorporates by reference a nonrule policy document, assisting with the identification of riparian zones, for use as guidance in performing the functions of IC 14-29-1 (sometimes called the "Navigable Waters Act").  Provides standards for lawful nonconforming uses.  Makes technical changes.  [COMMENT ON PROPOSED RULE.]

  • Public Freshwater Lake Pier Amendments (LSA # Not Yet Assigned) Amends 312 IAC 11 governing the placement of structures on public freshwater lakes to provide new standards pertaining to the placement of group piers.  Incorporates by reference a nonrule policy document, which assists with the identification of riparian zones, for use as guidance in performing the functions of IC 14-26-2 (sometimes called the “Lakes Preservation Act”).  Requires written approval, and not mere acquiescence, from a riparian owner for a person who is not a riparian owner to place a structure.  Authorizes parties to elect, during a prehearing conference or similar stage of a proceeding, to opt out of mediation.  Makes technical and clerical changes. [COMMENT ON PROPOSED RULE.]

  • Turkey Amendments 2008 (LSA #08-740) Amends 312 IAC 9-2-3 to allow individuals, including taxidermists, to sell the heads, feet and skin of wild turkeys.  Amends 312 IAC 9-4-11 to open turkey hunting in the spring season statewide; will prohibit possession of a dog, domesticated animal, live decoy, recorded call, electronically powered or controlled decoy or bait while in the field hunting wild turkeys; and clarifies license requirements and tags. [COMMENT ON PROPOSED RULE.]

  • Water Withdrawal Contracts (LSA #08-131) Adds 312 IAC 6.3 to assist with the application of P.L. 231-2007 to IC 14-25-2 with respect to water withdrawal contracts for water supply purposes from the water supply in reservoir impoundments that are financed by the state.  [COMMENT PERIOD IS CLOSED.] 

Petition for Rule Change

The Commission has developed a process by which a person may petition for a rule change for rules within the Commission's jurisdiction. Included is any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.