312 Ind. Admin. Code 10-5-9

Current through March 8, 2023
Section 312 IAC 10-5-9 - Creek rock removal from a nonnavigable waterway; general license without notice

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

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

Sec. 9.

(a) This section establishes a general license without notice for the removal of creek rock from a waterway that is subject to IC 14-28-1. A person must:
(1) own; or
(2) have written permission from a person who owns; the parcel of a waterway where creek rock is removed in order to qualify under this section.
(b) Without a written license under IC 14-28-1 and without notice to the department, a person may remove creek rock from the parcel, if the person satisfies each of the following conditions:
(1) Not more than twenty-five (25) 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:
(A) Hand.
(B) Hand tools.
(C) Scoop-type excavating equipment. The use of a bulldozer or rock crusher does not qualify under this clause.
(3) The creek rock is removed between July 1 and March 31 of the following year. 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:
(i) a regulatory flood;
(ii) a flood greater than a regulatory flood; or
(iii) a flood for which the governor declares a disaster.
(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.
(c) A navigable waterway is governed by 312 IAC 6.

312 IAC 10-5-9

Natural Resources Commission; 312 IAC 10-5-9; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA
Readopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFA
Readopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA