312 Ind. Admin. Code 1-1-21

Current through May 29, 2024
Section 312 IAC 1-1-21 - "Lake" defined

Authority: IC 14-10-2-4

Affected: IC 14-8-2-259; IC 14-15; IC 14-26-2; IC 14-26-3-1; IC 25

Sec. 21.

(a) "Lake" means, except as provided in subsections (b) through (d), a reasonably permanent body of water substantially at rest in a depression in the surface of the earth, if both the depression and the body of water are of natural origin or part of a watercourse. If part of a watercourse, a lake may be formed by damming a river or stream.
(b) For purposes of IC 14-15, "lake" means a natural or an artificial lake.
(c) For purposes of IC 14-26-2, "lake" has the meaning set forth in IC 14-26-2-1.5.
(d) For purposes of IC 14-26-3, "lake" has the meaning set forth in IC 14-26-3-1.
(e) In determining the shoreline or water line of a lake, the following are included:
(1) A bay or cove, except for a determination of a small lake as defined under IC 14-8-2-259.
(2) A man-made channel connected to a public freshwater lake under 312 IAC 11-2-17, if the channel:
(A) existed on March 12, 1947;
(B) as a condition of a department license, was required to conform to IC 14-26-2 -9 (or, before their repeals, to conform to IC 13-2-11-2 or IC 13-2-11.1-5); or
(C) was constructed without a department license required under IC 14-26-2 (or, before their repeals, under IC 13-2-11 or IC 13-2-11.1 ).
(3) If a lake has more than one (1) legal elevation, the highest legal elevation is used.

312 IAC 1-1-21

Natural Resources Commission; 312 IAC 1-1-21; filed Dec 1, 1995, 10:00 a.m.: 19 IR 658; readopted filed May 8, 2001, 3:51 p.m.: 24 IR 2895; readopted filed May 29, 2007, 9:42 a.m.: 20070613-IR-312070111RFA; filed Nov 5, 2008, 2:27 p.m.: 20081203-IR-312080286FRA; errata filed Nov 24, 2008, 11:07 a.m.: 20081210-IR-312080286ACA; readopted filed Sep 19, 2013, 10:13 a.m.: 20131016-IR-312130169RFA
Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190006RFA