Section 312 IAC 10-5-0.3 - Determining project eligibility for a general license; general criteriaAuthority: 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. 0.3.
(a) Except as provided in subsection (b), a project for a utility line crossing or the placement of outfall projects within a floodway is eligible for a general license if the project satisfies the requirements of this rule. For the removal of logjams and obstructions, these requirements include the procedures established by section 6 of this rule and by IC 14-28-1-22.(b) Subsection (a) does not authorize a project in any of the following circumstances: (1) 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 division of fish and wildlife's environmental unit has been obtained.(2) Within a salmonid stream designated under 327 IAC 2-1.5-5(a)(3).(3) Within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2.(4) For a utility line crossing, below the ordinary high watermark of a navigable waterway listed in the Indiana Register at DIN: 20211020-IR-312210433NRA in the Roster of Indiana Waterways Declared Navigable or Nonnavigable, unless the utility line is placed beneath the bed of the waterway under section 4(b) of this rule.(5) 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.Natural Resources Commission; 312 IAC 10-5-0.3; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3875; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRAReadopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFAReadopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFAErrata filed 10/31/2022, 2:45 p.m.: 20221109-IR-312220334ACA