[CITE: Warsaw Police Dpt. V. DNR, 5 CADDNAR 143 (1990)]
[VOLUME 5, PAGE 143]
Cause #: 90-062W
Caption: Warsaw Police Dpt. v
DNR
Administrative Law Judge: Rider
Attorneys: Allebach, pro se; McCoy, DAG
Date: September 24, 1990
ORDER
Application
for permit PL-13,509 submitted by the City of Warsaw, Department of Police is
denied.
FINDINGS OF FACT
1.
On March 12, 1990, the Warsaw Police Dept. (the "Claimant") filed a
request for review of an Advisory Council decision to deny application for
permit PL-13,509.
2.
This permit would have allowed the Claimant to permanently place a vehicle on
the bottom of Center Lake in Warsaw, Indiana.
3. This
vehicle would be used for practice by police and other rescue personnel.
4.
IC 4-21.5, IC 13-2, and 310 IAC 0.6 apply to this proceeding.
5.
The Natural Resources Commission (the "Commission") is an agency as
defined in IC 4-21.5-1-3 and is the ultimate authority for this proceeding.
6.
At the prehearing conference the Claimant presented issues as follows:
a.
Public safety units should be exempt from the permitting process.
b.
There is no good reason to deny permit.
c.
There would be less environmental impact by issuing permit in comparison to
what would occur if permit was denied.
7.
The environmental impact issue was not relied on by the Department at hearing,
and therefore, will not be addressed.
8.
There is no public safety unit exception to the permitting process; and
therefore, the Claimant must obtain the requested permit to place the vehicle
in the lake.
9.
The Department presented two reasons for denial of this permit:
a.
The natural scenic beauty of the lake would be defiled with an unnatural item
(a vehicle).
b.
Allowing the Claimant to sink this vehicle would set a precedent for
individuals to request this type permit for all kinds of non-public safety
reasons.
10.
The evidence does promote either of these reasons as being of such a weight as
to support denial of this permit.