General Licenses and Exemptions

An aerator is defined as a mechanical device placed within a public freshwater lake and is used to accomplish any of the following:

1. Increase the amount of dissolved oxygen in the water.
2. Increase the decomposition of organic materials.
3. Alter water flow or circulation.
4. Reduce icing.
5. Enhance audio or visual enjoyment by bubbling or spraying water.

To qualify for the general licenses, a person must satisfy each of the following requirements:

1. Limit operation of the aerator to March through October.
2. During the month of March, post and maintain a sign at the site of the aerator that does each of the following:
   1. States “Beware thin ice” in black lettering that is clearly visible to an approaching person.
   2. Includes a standard illustration in black for thin ice upon a reflective yellow background.
   3. Conforms to the following illustration:
      

3. Limit the effects of the aerator to a distance that does not:
   1. Exceed 150 feet from the shoreline.
      or
   2. Extend beyond the boundaries of the property owner’s riparian zone.
4. Operate the aerator to accomplish the following:
   1. Minimize the disturbance of bottom sediments.
      And
   2. Not diminish water clarity.
5. Operate the aerator so that it does not infringe on the recreational usage of the landowners or the public.
6. Operate the aerator so that it does not remove more than 625 feet of lake vegetation.
7. Additionally, the aerator should be:
   1. Readily inoperable or removable.
      And
   2. Secure from movement caused by water or wind.

312 IAC 11-3-1.2 General licenses for aerators

Article 11. Public Freshwater Lakes

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

Boat lifts, hoists, and shelters are considered temporary structures under the Lake Preservation Act. A temporary structure is defined as a structure that can be installed and removed from the waters of a public freshwater lake without using a crane, bulldozer, backhoe, or similar heavy or large machinery.

Boat lifts, hoists, and shelters must include the following:

1. Have a canvas top and sides.
2. Be supported by auger poles or other poles that do not exceed 3½ inches in diameter.
3. Must not be mounted in or comprised of concrete or cement.
4. Is designed to float or rest upon the bed of the lake under its own weight.
5. Must not be wider than ten feet nor longer than 20 feet.

312 IAC 11-2-25 “Temporary Structure” defined

Article 11. Public Freshwater Lakes

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

A Dry Hydrant is defined as a structure that does both of the following:

1. Extends lakeward of the legally established or average normal waterline or shoreline.
2. Provides a means of suction water supply without direct drafting for fire protection.

To qualify for the general license, the structure must satisfy each of the following requirements:

1. Be sponsored or owned by a volunteer or full-time fire department recognized by the public safety training institute.
2. Be readily accessible from an all-weather road, public access site, or similar area.
3. Have a diameter of at least six inches.
4. Be constructed of PVC pipe or a similar nontoxic material.
5. Extend no more than 150 feet from the waterline or shoreline.
6. Have all portions of the hydrant and its in-lake accessories be at least five feet below the legally established or average normal water level.
7. Be marked with a danger buoy, which conforms to 312 IAC 5-4-6(a)(1), at the lakeward end of the hydrant.
8. Be equipped with a screen or straining device on the lakeward end.
9. Glacial stone or riprap only may be placed in or on the lakebed for either of the following:
   1. Bedding the intake pipe.
   2. Straining the intake water.

10. Be approved by the riparian landowner.

312 IAC 11-3-1 General licenses for dry hydrants

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

The Lake Preservation Act defines glacial stone as rounded stone that satisfies each of the following:

1. Produced by glacial activity.
2. No individual stone weighs more than 120 pounds.
3. At least 90% of the material passes through a 12-inch sieve.
4. Not more than 10% of the material passes through a six-inch sieve.

IAC 11-2-11 "Glacial stone" defined

A reface is defined as the reinforcement of an existing seawall along the lakeward face.

312 IAC 11-2-22 “Seawall reface” defined Article 11. Public Freshwater Lakes

To qualify for the General License for a glacial stone reface each of the following must be satisfied:

1. The seawall reface must be comprised exclusively of glacial stone.
2. The reface must not extend more than four feet lakeward of the shoreline or water line at the base of a lawful seawall.
3. A walk or structural tie must not be constructed on the existing seawall in combination with the glacial stone reface.
4. An impermeable material must not be placed behind or beneath the glacial stone reface.
5. Filter cloth placed behind or beneath the glacial stone reface must be properly anchored to prevent displacement or flotation.
6. Erosion from disturbed areas landward of the shoreline or water line must be controlled to prevent its transport into the lake.

IAC 11-3-1.2 General licenses for glacial stone reface

Article 11. Public Freshwater Lakes

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

The Lake Preservation Act states that the natural resources and natural scenic beauty of Indiana's public freshwater lakes are a public right and any activity that occurs at or lakeward of a public freshwater lake's legal or average normal shoreline requires the written authorization of the department prior to project initiation. However, a general license exists to exempt specific activities from licensing if they meet specific conditions that will not infringe on public rights. A temporary pier may qualify for a general license if the project meets the criteria for a temporary structure. If the criteria below are met, you are not required to submit a permit application or contact the DNR Division of Water before starting the project or after completing the project.

In order for a temporary structure to qualify, the structure must satisfy each of the following:

1. Be easily removable.
2. Not infringe on the access of an adjacent landowner to the public freshwater lake.
3. Not unduly restrict navigation.
4. Not be unusually wide or long relative to similar structures within the vicinity of the same public freshwater lake.
5. Not extend more than 150 feet from the shoreline or water line.
6. If a pier does not extend over water that is continuously more than six feet deep to a distance of 150 feet from the shoreline or water line.
7. Not be a marina.
8. Not be a group pier.
9. Be placed by a riparian owner or with the written approval of a riparian owner.

Illustrations of maximum lengths for a pier or similar structure that may qualify are as follows:

1. Where the water depth is six feet or less from the shoreline to 150 feet from the shoreline, the maximum pier length is 150 feet.
   
2. Where the maximum water depth is continuously more than six feet beyond 75 feet from the shoreline, the maximum pier length is 75 feet.
   
3. Where the maximum water depth is not continuously over six feet from the shoreline, the maximum pier length is 150 feet.
   

See below for photo examples of qualifying temporary piers.

312 IAC 11-3-1 General license for temporary piers

Article 11. Public Freshwater Lakes

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2.

The following lakes are exempt from the permitting requirements of the Lake Preservation Act (IC 14-26-2). Contact the DNR Division of Water if you are unsure whether a permit is required for work at any of these or other lakes.

Lake Shafer and Lake Freeman:

• Pursuant to IC 14-26-2-15; the Department may not regulate or interfere with alterations to the shoreline of or construction on impoundments of the Tippecanoe River that are formed by a dam or control structure owned and operated by a public utility for the generation of hydroelectric power. However, if the proposed project is within a floodway, a permit from our office may be required. You can view floodway locations on our website on the Indiana Floodplain Information Portal webpage. In addition, if the proposed project is located within 150 feet of a dam, please contact the DNR for coordination because it may require approval from our office.

Wolf Lake and Lake George:

• Pursuant to IC 14-26-2-3 and 312 IAC 11-2-17, the term freshwater lake does not include a lake lying wholly or in part within the corporate boundaries of any of the 3 cities having the largest population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). Therefore, approval under the Lakes Preservation Act is not required for projects on Wolf Lake and Lake George in Hammond.

Other Exemptions:

• A lake used for, or created by, surface coal mining
• An off-stream, privately owned pond, lake, reservoir, or other body of water constructed for the reduction or control of pollutants or cooling before discharge into public waters
• A lake lying wholly or in part within the corporate boundaries of any of the three cities having the largest population of more than 400,000 but less than 700,000
• Dredging projects and shoreline restoration and/or stabilization projects within the 100-year flood level of a water supply reservoir

An exemption granted under the Lake Preservation Act does not circumvent any other State, federal, or local permitting requirement. Work within 150 feet of a dam requires coordination and possible approval from our office. The responsibility to obtain all other permits rests solely with the applicant.

312 IAC 11-2-17 "Public freshwater lake" defined

Article 11. Public Freshwater Lakes

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

The Creek Rock Removal general license allows for a landowner to remove creek rock from the stream on a limited basis under the Flood Control Act:

Creek rock has been used in Indiana over the years for farm driveways as well as other uses. This general license was created to allow this practice to continue, on a limited basis without creating negative impacts on the stream.

There are three variations in this general license based on different circumstances.

Option #1 - Creek rock removal from a non-navigable waterway; general license without notice. The landowner is allowed to remove 25 cubic yards per year per parcel.

To qualify for this general license, a person must satisfy the following requirements:

The landowner is allowed to remove 25 cubic yards per year per parcel without notice to the Department as long as the following conditions are met.

1. The removal is completed from July 1- March 31 to avoid fish spawning. This restriction does not apply to creek rock, other than slab rock, that is removed from a sand bar or gravel bar and was deposited during any of the following:
   1. a regulatory flood;
   2. a flood greater than a regulatory flood; or
   3. a flood for which the governor declares a disaster.
2. The equipment used is either handheld tools, or a small tractor, backhoe, or front-end loader.
3. No rock or gravel will be pushed or stockpiled, it will simply be scooped up and removed.
4. The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision.

The only conditions that the above requirements do not apply to are during a regulatory flood, a flood greater than a regulatory flood, or a flood for which the governor declares a disaster. In these rare cases, landowners can remove obstructions from the stream.

312 IAC 10-5-9 General license for creek rock removal from a non-navigable waterway without notice. Page 28

Article 10. Floodplain Management

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-8

Affected: IC 14-19-1-1; IC 14-28-1; IC 14-29-1; IC 14-29-3

Option #2 - If you want to remove more than 25 cubic yards and up to 50 cubic yards, the department must be notified.

If the landowner wishes to remove more than 25 cubic yards then the landowner must submit the Notification of creek rock removal form (State Form 54018 (6-09). Within 10 days of receipt of the completed form, the Division of Fish and Wildlife will provide a written response to the landowner.

The following conditions must be met in order to remove more than 25 cubic yards of creek rock:

1. The removal is completed from July 1- March 31 to avoid fish spawning and the work is limited to 30 days.
2. Person must own or have written permission from the owner to remove creek rock on the parcel.
3. Person must provide detailed plans submitted to the Division of Fish and Wildlife. The plan must provide a map where the work will take place.
4. The equipment used is either handheld tools, or a small tractor, backhoe, or front-end loader.
5. No rock or gravel will be pushed or stockpiled, it will simply be scooped up and removed.
6. No access road would be constructed to do any of the following:
   1. Destroy more than one-half (1/2) of an acre of trees within a floodway.
   2. Traverse a wetland indicated on the national wetlands inventory map unless pads are used.
   3. Raise the elevation of the floodplain.
   4. Cross a waterway.
7. Access to the project would be exclusively from one (1) side of the waterway.
8. Not more than fifty (50) total cubic yards of creek rock would be removed from the waterway within one (1) calendar year. This restriction does not apply to creek rock, other than slab rock, that is removed from a sand or gravel bar and was deposited during any of the following:
   1. a regulatory flood;
   2. a flood greater than a regulatory flood; or
   3. a flood for which the governor declares a disaster

Section 312 IAC 10-5-10 - Creek rock removal from a non-navigable waterway; general license with notice page 28-29

Article 10. Floodplain Management

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-8

Affected: IC 14-19-1-1; IC 14-28-1; IC 14-29-1; IC 14-29-3

Option #3 – If you want to remove creek rock on a navigable waterway.

1. Except as provided in subsection (d), this section establishes a general license for the removal of creek rock from a navigable waterway that is subject to IC 14-28-1, IC 14-29-1, or IC 14-29-3.
2. To act under this section, a person must:

1. if creek rock is to be removed from a parcel located in the riparian zone of an adjacent property owner, either:

1. be a riparian owner for the parcel; or
2. have written permission from a riparian owner for the parcel; and

2. receive written permission from the department is the conduct of its responsibilities under IC 14-19-1-1(9). The permission under this subdivision is a proprietary function for the public trust and is not a licensure function.

3. Without a written license under IC 14-28-1, IC 14-29-1, or IC 14-29-3, and without notice to the department other than as anticipated by subsection (b)(2), a person may remove creek rock from the parcel, if the person satisfies each of the following conditions:

1. Not more than ten (10) cubic yards of creek rock is removed within one (1) calendar year from the parcel.
2. The creek rock is removed exclusively by the following methods:

1. Hand.
2. Hand tools.

3. The creek rock is removed between July 1 and March 31 of the following year.
4. The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision.

4. An individual license is required under IC 14-28-1 and this article for the removal of creek rock from Lake Michigan.

Section 312 IAC 6-5-9 - Creek rock removal from a navigable waterway; general license page 13-14

Article 6. Navigable Waters

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-8

Affected: IC 14-19-1-1; IC 14-28-1; IC 14-29-1; IC 14-29-3

Gold prospectors are required to follow the rules under the general license to legally pan for gold. Specifically, the Gold Prospecting Rules brochure outlines what can be done without a permit. We recommend you comply with the general license outlined in the brochure. If you comply with the general license, you do not need a Construction in a Floodway permit – the general license acts as your permit. It’s important to note that the general license does not give you the right to trespass. You must get permission to access the area in addition to following the general license. Properties such as state forests, national forests, and state wildlife properties may require an additional permit, so contact them prior to prospecting on state lands. You will notice that the rules are slightly different on Navigable Waters; you can check the Navigable Waterways roster here.

If you plan to do anything outside of what's allowed under the general license (as explained in the brochure), you can apply for a Construction in a Floodway permit for gold panning. However, this process will require you to submit an application form, fee, and associated plans. Note that a permit application would need to be submitted for each location where you plan to pan for gold and that the processing time to review the application is typically several months. If needed, more information about our permitting process can be found on the Permit Programs webpage.

More information about gold prospecting can be found on our Recreational Gold Prospecting webpage.

General license for piers in waterways listed as navigable.

State statutes declare that certain waterways are to be kept open for use by the public. More details on the definition of navigable and a list of navigable waterways in Indiana may be found on the Navigable Waterways Roster webpage within the Natural Resources Commission website.

A general license exists to allow property owners with riparian rights to place piers if they meet certain conditions and do not block the use of the waterway by the public.

In order for a pier to qualify for the general license, the structure must:

1. Not infringe on the access of an adjacent landowner to the navigable waterway
2. Not unduly restrict navigation
3. Not exceed the lesser of the following:
1. One hundred (100) feet long
2. One-quarter (1/4) of the width of the waterway
4. Not be unusually wide or long relative to similar structures within the vicinity on the same navigable waterway
5. Not be a marina
6. Not be a group pier
7. Be placed by a riparian owner or with the written approval of a riparian owner

A pier placed along or within the ordinary high watermark of Lake Michigan must also comply with 312 IAC 11-7 or 312 IAC 11-8.

A pier placed along or within the ordinary high watermark of any of the following lakes must also satisfy any requirement otherwise applicable to a property that is owned or leased by the state and managed by a division of the department:

1. Brookville Lake in Franklin and Union counties
2. Cagles Mill Lake in Putnam and Owen counties
3. Cecil M. Harden Lake in Parke County
4. Mississinewa Lake in Miami, Wabash, and Grant counties
5. Lake Monroe in Monroe, Brown, and Lawrence counties
6. Patoka Lake in Dubois, Orange, and Crawford counties
7. J. Edward Roush Lake in Huntington County

A pier is exempted from licensure under this rule and IC 14-29-1 if placed along or within the ordinary high watermark of either Lake Freeman in Carroll and White counties or Lake Shafer in White County.

312 IAC 6-4-5 General licenses for qualified piers

Article 6. Navigable Waters

Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-29-1-8

Affected: IC 14-15; IC 14-26-2; IC 14-29-1 Sec. 5

An outfall structure is a closed conduit used to transport surface run-off into a waterway. There are thousands of these structures in the state and more are constructed every year.

DNR Water has created the following general license to allow these structures to be completed without a full permit as long as the following conditions are met:

1. Tree removal and brush clearing shall be contained and minimized within the outfall project area. No more than one acre of trees shall be removed within the floodway.
2. Construction activities within the waterway from April 1 through June 30 shall not exceed a total of two calendar days.
3. Best management practices shall be used during and after construction to minimize erosion and sedimentation.
4. Following the completion of construction, disturbed areas shall be reclaimed and revegetated.
5. Disturbed areas with slopes of three to one (3:1) or steeper, or areas where run-off is conveyed through a channel or swale, shall be stabilized with erosion control blankets or suitable structural armament.
6. Areas in the vicinity of concentrated discharge points shall be protected with structural armament to the normal water level of the waterway. Any riprap must have an average minimum diameter of six inches and extend below the normal water level.
7. The size of the outfall project shall not exceed any of the following dimensions:
   1. Ten square feet in cross-sectional flow area as determined by the summation of cross-sectional area of conduits within the project area for an outfall structure.
   2. Five feet deep as determined by the difference in elevation between the lowest bank elevation and the bottom of the swale for an outfall structure.
   3. An area of disturbance 30 feet wide.
8. Adequate cover shall be provided to ensure the structural integrity of the outfall conduit and to allow suitable vegetative growth.
9. Within the project area, the post-construction ground surface elevation shall be less than six inches above the preconstruction elevation.
10. The outlet structure shall:
    1. be supported by a headwall, slopewall, or anchored end section; and
    2. conform to the bank of the waterway.
11. If flow passing through the outfall project in a reverse direction would induce flood damages during a regulatory flood, the outfall project shall be equipped with a closure mechanism.
12. Construction debris and material not used as backfill shall be removed from the floodway.

In addition to the criteria above, for an outfall project to qualify for the general license the following additional criteria must be met:

1. The project must not take place within a river or stream listed in the Indiana Register at 16 IR 1677 in the Outstanding Rivers List for Indiana unless prior written approval from the DNR Division of Fish & Wildlife’s Environmental Unit is obtained. The Outstanding Rivers List can be found on the Natural Resources Commission’s website. Contact the Division of Fish & Wildlife’s Environmental Unit to obtain prior written approval if pursuing the general license for a utility line crossing or outfall project within a waterbody on the Outstanding River List.
2. The project must not take place within a salmonid stream designated under 327 IAC 2-1.5-5(a)(3), which reads as follows:

Where natural temperatures will permit, surface waters shall be capable of supporting put-and-take trout fishing. All waters capable of supporting the natural reproduction of trout shall be so maintained. The following waters are designated as salmonid waters and shall be capable of supporting a salmonid fishery:

1. Trail Creek and its tributaries downstream to Lake Michigan.
2. East Branch of the Little Calumet River and its tributaries downstream to Lake Michigan via Burns Ditch.
3. Salt Creek above its confluence with the Little Calumet River.
4. Kintzele Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan.
5. The Galena River and its tributaries in LaPorte County.
6. The St. Joseph River and its tributaries in St. Joseph County from the Twin Branch Dam in Mishawaka downstream to the Indiana/Michigan state line.
7. The Indiana portion of the open waters of Lake Michigan.
8. Those waters are designated by the Indiana department of natural resources for put-and-take trout fishing.

Refer to the Indiana Fish Stocking page for a listing of put-and-take trout fishing locations. 327 IAC 2-1.5-5(a)(3).

3. The project must not take place within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2; these include:
1. Blue River – Harrison, Crawford, and Washington counties
2. Cedar Creek – Allen and DeKalb counties
3. Wildcat Creek – Tippecanoe and Carroll counties

Further details can be found in 312 IAC 7-2.

4. The general license for a utility line crossing or outfall project does not apply if the project requires an individual permit from the United States Army Corps of Engineers under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act.

312 IAC 10-5-8 Qualified outfall projects; general license page 27-28

Article 10. Floodplain Management

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1; IC 14-29-1

A utility line crossing is defined as a utility line that crosses the waterway in a straight line at an angle of between forty-five (45) degrees and one hundred thirty-five (135) degrees from the streambank and does not parallel the waterway for more than fifty (50) feet in the floodway before crossing unless the parallel portion of the line is contained within the existing road right-of-way.

The utility line general license allows utility work without notice to DNR Water. This general license was created to allow property owners and contractors to follow general guidelines for approval instead of completing the entire permit process.
The following conditions must be met:

1. Tree removal and brush clearing shall be contained and minimized within the utility line crossing area. No more than one acre of trees shall be removed within the floodway.
2. Construction activities within the waterway from April 1 through June 30 shall not exceed a total of two calendar days.
3. Best management practices shall be used during and after construction to minimize erosion and sedimentation.
4. Following the completion of construction, disturbed areas shall be reclaimed and revegetated.
5. Disturbed areas with slopes of three to one (3:1) or steeper, or areas where run-off is conveyed through a channel or swale, shall be stabilized with erosion control blankets or suitable structural armament.
6. No pesticide will be used on the banks.
7. If a utility line transports a substance that may cause water pollution as defined in IC 13-11-2-260, the utility line will be equipped with an emergency closure system.
8. If a utility line is placed beneath the bed of a river or stream, the following conditions must be met:
   1. A cover of at least three feet measured perpendicularly to the utility line is provided between the utility line and the banks.
   2. If the placement of a utility line is not subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows:
      1. At least three feet, measured perpendicularly to the utility line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher if the bed is composed of unconsolidated materials.
      2. At least one foot, measured perpendicularly to the line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher if the bed is composed of consolidated materials.
   3. If the placement of the utility line is subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows:
      1. At least three feet, measured perpendicularly to the utility line, between the design bed and the top of the line or its encasement, whichever is higher if the bed is composed of unconsolidated materials.
      2. At least one foot, measured perpendicularly to the line, between the design bed and the top of the line or its encasement, whichever is higher if the bed is composed of consolidated materials.
   4. Negative buoyancy compensation is provided where the utility line has a nominal diameter of at least eight inches and transports a substance having a specific gravity of less than one.
9. If a utility line is placed above the bed of a river or stream, the following conditions must be met:
   1. Except as provided in clauses (B) and (C), minimum clearance is provided from the lowest point of the utility line (determined by the temperature, load, wind, length of span, and type of supports that produce the greatest sag) calculated as the higher of the following:
      1. Twelve and one-half (12½) feet above the ordinary high watermark.
      2. Three (3) feet above the regulatory flood elevation.
   2. If the river or stream is a navigable waterway that is subject to IC 14-28-1, the utility line that crosses over the waterway must be placed to provide the greater of the following:
      1. The minimum clearance is required under clause (A).
      2. The minimum clearance required for the largest boat that is capable of using the waterway. The utility must consult in advance with the department to determine the minimum clearance for boats at the crossing.
   3. If a utility line is attached to or contained in the embankment of an existing bridge or culvert, no portion of the utility line or its support mechanism may project below the low structure elevation or otherwise reduce the effective waterway area.
   4. A utility line placed in a dam or levee regulated under IC 14-27-7 does not qualify for a general license under this subsection.
      (c) A person who elects to act under this section must comply with the general conditions under subsection (b). Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a license issued under IC 14-28-1 and, if the waterway is navigable, the violation of a license issued under IC 14-29-1.

In addition to the criteria above, for a utility line crossing project to qualify for the general license the following additional criteria must be met:

1. The project must not take place within a river or stream listed in the Indiana Register at 16 IR 1677 in the Outstanding Rivers List for Indiana unless prior written approval from the DNR Division of Fish & Wildlife’s Environmental Unit is obtained. The Outstanding Rivers List can be found on the Natural Resources Commission’s website. Contact the Division of Fish & Wildlife’s Environmental Unit to obtain prior written approval if pursuing the general license for a utility line crossing or outfall project within a waterbody on the Outstanding River List.
2. The project must not take place within a salmonid stream designated under 327 IAC 2-1.5-5(a)(3), which reads as follows:

Where natural temperatures will permit, surface waters shall be capable of supporting put-and-take trout fishing. All waters capable of supporting the natural reproduction of trout shall be so maintained. The following waters are designated as salmonid waters and shall be capable of supporting a salmonid fishery:

1. Trail Creek and its tributaries downstream to Lake Michigan.
2. East Branch of the Little Calumet River and its tributaries downstream to Lake Michigan via Burns Ditch.
3. Salt Creek above its confluence with the Little Calumet River.
4. Kintzele Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan.
5. The Galena River and its tributaries in LaPorte County.
6. The St. Joseph River and its tributaries in St. Joseph County from the Twin Branch Dam in Mishawaka downstream to the Indiana/Michigan state line.
7. The Indiana portion of the open waters of Lake Michigan.
8. Those waters are designated by the Indiana department of natural resources for put-and-take trout fishing.

Refer to https://www.in.gov/dnr/fish-and-wildlife/fishing/indiana-fish-stocking/ for a listing of put-and-take trout fishing locations. 327 IAC 2-1.5-5(a)(3).

3. The project must not take place within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2; these include:
1. Blue River – Harrison, Crawford, and Washington counties
2. Cedar Creek – Allen and DeKalb counties
3. Wildcat Creek – Tippecanoe and Carroll counties

Further details can be found in 312 IAC 7-2.

4. The general license for a utility line crossing or outfall project does not apply if the project requires an individual permit from the United States Army Corps of Engineers under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act.

312 IAC 10-5-4 Qualified utility line crossings; general license page 21

Article 10. Floodplain Management

Authority: IC 14-10-2-4

Affected: IC 13-11-2-260; IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-33; IC 36-9-27

According to 312 IAC 10-2-45, a “wetland restoration measure” is defined as a practice or combination of practices to restore a degraded or filled wetland. The conversion of an unaltered wetland to another aquatic use is not included in this definition. For this general license, the project must be coordinated with United States Fish and Wildlife Service, the United States Natural Resources Conservation Service, or the department.

The placement of a wetland restoration measure is exempted from IC 14-28-1, IC 14-29-1, and 312 IAC 10-3 if the person placing the wetland restoration measure does or establishes the following:

1. Provide written notification sufficient for the department to determine if the proposed activity conforms with this subsection. The department shall, within ten days (excluding Saturdays, Sundays, and legal holidays) of the receipt of the notice, raise any objection to the placement of the restoration measure as proposed. If the department raises no objection, the proposed activity is deemed qualified for the exemption. If an objection is raised, the person shall do one of the following:
   1. Modify the activity to satisfy the concerns raised in the objection and provide the department with another notification under this subdivision.
   2. File a permit application under subsection (b) for the placement of the wetland restoration measure.
   3. Seek administrative review of the objection under IC 4-21.5 and 312 IAC 3-1.
   4. Withdraw the notification and abandon the project.
2. The design, construction, and maintenance of the measure will not, considering its individual and cumulative effects, do any of the following:
   1. Adversely affect the efficiency of, or unduly restrict the capacity of the floodway.
   2. Constitute an unreasonable hazard to the safety of life or property.
   3. Resulting in unreasonable detrimental effects on fish, wildlife, or botanical resources.
   4. For a navigable waterway, be contrary to IC 14-29-1-8(c) or 312 IAC 6.
3. The measure will be constructed under the direction of, or coordinated with, the United States Fish and Wildlife Service, the United States Natural Resources Conservation Service, or the department.
4. The measure does not obstruct more than five percent of the cross-section of the flood plain during a regulatory flood.
5. The measure will not remove more than one acre of forest.
6. Following the completion of construction, disturbed areas will be reclaimed and revegetated. Disturbed areas will be mulched with straw, wood fiber, or other suitable material. To prevent erosion until revegetated species are established, mulch shall be anchored by crimping, tackifers, netting, or erosion control blankets. To the extent practicable, revegetation must restore species native to the site. If revegetation with native species is not practicable, revegetation shall be performed by planting a mixture of:
   1. red clover;
   2. orchard grass;
   3. perennial rye grass;
   4. brome grass; or
   5. another species approved by the department as being suitable to site and climate conditions.
7. Any excavation that blocks a drain tile does not permanently alter the natural ground elevation.
8. The streamward toe of a constructed berm or levee is at least 100 feet landward from the top of the bank of the waterway.
9. The construction of a berm or levee is limited to one side of the waterway and where there is no other berm or levee within 2,000 feet on the same waterway.
10. The elevation of a berm or levee is no more than two feet higher than the natural ground surface measured at the lowest point along the berm or levee.

312 IAC 10-5-1 Wetland restoration measures

Article 10. Floodplain Management

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 4-21.5; IC 14-28-1; IC 14-29-1-8

The log jam removal exemption allows for a landowner to remove a logjam or wood debris from a waterway if certain conditions are met.

Please see our Log Jam Removal Guide for more details: Log Jam Removal Guide, IC 14-28-1-22 (b) (6)

Certain reconstruction and maintenance projects conducted by county drainage boards can be exempt from permitting under the Flood Control Act (IC 14-28-1) and the Lowering of Ten Acre Lakes (“Ditch”) Act (IC  14-26-5). For the Flood Control Act, IC 14-28-1-22 exempts a  “reconstruction” or “maintenance” project (as defined in IC 36-9-27) on a stream or an open regulated drain if the total length of the stream or open drain is not more than 10 miles.

• "Total length" means the length of the stream, expressed in miles, from the confluence of the stream with the receiving stream to the upstream or headward extremity of the stream, as indicated by the solid or dashed, blue or purple line depicting the stream on the most current edition of the seven and one-half  (7 1/2) minute topographic quadrangle map published by the United States Geological Survey, measured along the meanders of the stream as depicted on the map.
• "Maintenance" means work on a drain as described in section 34(c) of the Drainage Law for any of the purposes stated in that section. "Reconstruction" means work on a drain as described in section 34(b) of the Drainage Law to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain. Both of these subsections can be viewed here.

Note that this exemption only applies to county surveyors doing the work or representatives doing work on behalf of the county drainage board. Individuals working on a county drain, even with permission from the county drainage board, are not eligible for the permitting exemption.

County drainage board projects exempt from permitting under the Flood Control Act may still need to request an on-site field review of the project. A formal early coordination procedure for drainage board projects was established by the creation of Section 53.5 of the Indiana Drainage Code (IC 36-9-27) in 1995. Section 53.5 states that if a reconstruction or maintenance project is subject to regulation under the Flood Control Act or the Lowering of Ten Acre Lakes Act, or if it requires an individual permit from the U.S. Army Corps of Engineers under Section 404 of the federal Clean Water Act, the county surveyor or drainage board shall request an on-site field review of the project. County Surveyors can initiate this process by contacting the Statewide Biologist, Nick Haunert, in the DNR Division of Fish & Wildlife at nhaunert@dnr.IN.gov.

Rural state and county bridge projects:  IC 14-28-1-22 (2)(b) exempts certain state and county highway bridge projects from permitting requirements under the Flood Control Act.

IC 14-28-1-22(b)(2) exempts certain state or county highway bridge projects described in the following paragraph from the permitting requirements of the DNR Division of Water. “(2) A construction or reconstruction project on a state or county highway bridge in a rural area that crosses a stream having an upstream drainage area of not more than fifty (50) square miles and the relocation of utility lines associated with the construction or reconstruction project if confined to an area not more than one hundred (100) feet from the limits of the highway construction right-of-way.”

In order for a bridge project to be exempt from the permit requirements, it must meet all of the following criteria:

• Be a state or county highway department project;
• Be a bridge (span structure, culverts, etc.);
• Be located in a rural* area; and
• Cross a stream having an upstream drainage area of less than fifty (50) square miles.

*Rural area is defined as an area:

1. Where the lowest floor elevation, including basement, of any residential, commercial, or industrial building impacted by the project is at least two (2) feet above the base flood elevation with the project in place;
2. Located outside the corporate boundaries of a consolidated or incorporated city or town; and
3. Located outside of the territorial authority for comprehensive planning (generally a two (2) mile planning buffer around a city or town).

All construction associated with the rural bridge within the project right-of-way are considered part of this exemption. This includes activities such as bank protection, spoil disposal, borrow pits, etc.

This exemption has been misunderstood and liberally applied in the past. If challenged, it will be the responsibility of the person claiming the exemption to prove to the DNR Division of Water that all 4 criteria have been satisfied.

Note: This exemption only applies to the Flood Control Act (IC 14-28-1). If a bridge is to be constructed over a navigable waterway, or over or near a public freshwater lake, a permit may be required under the Navigable Waterways Act (IC 14-29-1), the Lowering of the Ten Acre Lake Act (IC 14-26-5) or the Lake Preservation Act (IC 14-26-2).

Rural Bridge Exemption to IC 14-28-1
IC-14-28-1-22(2)(b)