312 Ind. Admin. Code 10-4-5

Current through January 8, 2025

Section 312 IAC 10-4-5 - Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

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

Sec. 5.

(a) If the department issues a license under this section, a person may remove a logjam or wood debris from a waterway included in the Indiana natural, scenic, and recreational river system under 312 IAC 7-2.

(b) A person issued a license under this section must comply with these conditions:

(1) Limit activities to the use of an excavator, small tractor, or similar equipment.

(2) Remove a logjam or mass of wood debris only from July 1 through March 31 of the following year, unless the logjam or wood debris is deposited as a result of a flood for which the governor has declared a disaster.

(3) Use an access road that would not:

(A) destroy more than one-half (1/2) acre of trees within a floodway;

(B) traverse a wetland indicated on the national wetlands inventory map, unless pads are used;

(C) raise the elevation of the flood plain; or

(D) cross a waterway.

(4) Obtain access exclusively from one (1) side of a waterway.

(5) Install appropriate sediment control measures to prevent the flow of sediment-laden water back into the waterway.

(6) Revegetate all bare and disturbed areas with a mixture of grasses and legumes within fifteen (15) days of completion of work. Tall fescue must not be used under this subsection, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes. If the season is not conducive to revegetation, a site must be covered with appropriate erosion control blankets to stabilize the shoreline.

(c) Removal of a logjam or mass of wood debris must not result in the taking of:

(1) a species listed in the "Roster of Indiana Animals, Insects, and Plants that are Extirpated, Endangered, Threatened, or Rare (also described as Special Concern)", Information Bulletin #2-published in the Indiana Register at DIN: 20220202-IR-312220017NRA; or

(2) a known mussel resource.

312 IAC 10-4-5

Natural Resources Commission; 312 IAC 10-4-5; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA

Readopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFA

Readopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA

Errata filed 3/11/2021, 12:08 p.m.: 20210324-IR-312210114ACA

Errata filed 10/31/2022, 2:45 p.m.: 20221109-IR-312220334ACA