312 Ind. Admin. Code 6-4-5

Current through May 29, 2024

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

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.

(a) The placement and maintenance of a pier is authorized without a written license issued by the department under IC 14-29-1 and this rule if the pier qualifies under this section.

(b) In order for a pier to qualify, the structure must satisfy each of the following:

(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:

(A) One hundred (100) feet long.

(B) 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.

(c) 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.

(d) A pier placed along or within the ordinary high watermark of any of the following lakes must, in addition to this article, 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 County and Union County.

(2) Cagles Mill Lake in Putnam County and Owen County.

(3) Cecil M. Harden Lake in Parke County.

(4) Mississinewa Lake in Miami County, Wabash County, and Grant County.

(5) Lake Monroe in Monroe County, Brown County, and Lawrence County.

(6) Patoka Lake in Dubois County, Orange County, and Crawford County.

(7) J. Edward Roush Lake in Huntington County.

(e) 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 of the following:

(1) Lake Freeman in Carroll County and White County.

(2) Lake Shafer in White County.

312 IAC 6-4-5

Natural Resources Commission; 312 IAC 6-4-5; filed Nov 3, 2009, 3:37 p.m.: 20091202-IR-312090137FRA

Filed 11/24/2015, 4:05 p.m.: 20151223-IR-312150295RFA

Readopted filed 9/23/2021, 9:42 a.m.: 20211020-IR-312210342RFA