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

Affected: IC 14-28-1-22; IC 14-29-1; IC 36-7-4-205

Sec. 13. (a) This section establishes a permit exemption with notice to the department of natural resources (department) to place streambank protection in a floodway.

(b) Except as provided in subsection (c), a person may place streambank protection in a floodway with a permit exemption under subsection (a) to reconstruct, repair, and control or prevent erosion of the streambank using:

1. (1) vegetative stabilization;
2. (2) bioengineered materials;
3. (3) glacial stone;
4. (4) riprap; or

5. (5) any combination of bank stabilization techniques that meet the following criteria:

   1. (A) The location of the streambank protection is in a rural area that lies outside the:

      1. (i) corporate boundaries of a consolidated city, or an incorporated city or town; and
      2. (ii) territorial authority for comprehensive planning established under IC 36-7-4-205(b).
   2. (B) The total activity is not more than three hundred (300) feet.

(c) A person shall obtain a written license from the department to place streambank protection in a salmonid stream designated under 312 IAC 6.2-1-2(13), or in a natural, scenic, or recreational river or stream designated under 312 IAC 7-2, before beginning placement of the streambank protection.

(d) A person that wishes to conduct streambank protection under this section shall file a written notice, in a form and manner prescribed by the department, with the division of water. The notice must include the following information:

1. (1) Identification of the waterway and a description of the parcel where the activity will occur.
2. (2) The name, address, email, and telephone number of the person or authorized agent performing the streambank protection under the permit exemption with notice under subsection (a).
3. (3) Documentation to demonstrate the person seeking the permit exemption under subsection (a) is the owner of the property where the activity will take place, or the person was given permission from the owner as the authorized agent.
4. (4) Current photos of the streambank where the activity will occur.
5. (5) A statement of the material to be used to protect the streambank and the total length of the streambank to be protected.

6. (6) A statement that the owner of the property where the activity will take place, or the authorized agent performing streambank protection under the permit exemption under subsection (a), agrees to comply with the following conditions:

   1. (A) Removing a tree and clearing brush are contained and minimized in the project area. Removing a tree may not result in excavating the root ball.
   2. (B) Construction activity in the waterway beginning April 1 and ending July 1 does not exceed two (2) calendar days.
   3. (C) The work conforms with the existing bank at the upstream and downstream limits of the area where the activity will occur, and ties into stable areas upstream and downstream to prevent flanking.
   4. (D) Stone may be placed from the toe of the slope to the ordinary high water mark. Bioengineered or vegetative material may be used above the ordinary high water mark.
   5. (E) The slope of a streambank protected with riprap, glacial stone, or broken concrete is not more than 2H:1V.
   6. (F) The average diameter of riprap used to protect a streambank is not less than six (6) inches and must extend below the normal water level.

   7. (G) Broken concrete may be used to protect a streambank if it is unpainted and free of:

      1. (i) soil;
      2. (ii) fine material;
      3. (iii) metal;
      4. (iv) bricks;
      5. (v) blocks;
      6. (vi) asphalt; or
      7. (vii) other construction debris.
   8. Exposed rebar or other reinforcing material must be cut flush with the surface of the concrete and removed from the floodway. Concrete must not be contaminated with oil or other toxic substances. Broken concrete must be graded pieces not less than six (6) inches and not more than two (2) feet in any dimension.
   9. (H) Riprap, glacial stone, or broken concrete must have a bedding layer of well graded aggregate or a geotextile to prevent piping soil underneath the stone protection underneath.
   10. (I) A disturbed area outside the streambank protection area that is not used for agricultural production must be reseeded with a mixture of native grasses, forbs, and legumes.
   11. (J) Best management practices must be used during and after the construction to minimize erosion and sedimentation.

(e) Not later than twenty (20) calendar days, excluding Saturdays, Sundays, and legal holidays, after receiving a notice under subsection (d), the department shall respond as follows:

1. (1) Approve the permit exemption terms.
2. (2) Provide additional conditions to approve the permit exemption terms.

3. (3) Require additional information regarding the:

   1. (A) floodway capacity;
   2. (B) safety of life or property; or
   3. (C) effect on fish, wildlife, or botanical resources.
4. (4) Require the person to obtain a written license for an activity under IC 14-28-1 or IC 14-29-1, or both.

If the department does not respond not later than twenty (20) days after receiving the notice under subsection (d), the permit exemption is approved.

(f) A permit exemption for streambank protection under this section expires not later than one hundred eighty (180) days after the person receives written approval of the permit exemption terms under subsection (e) from the department.

(g) A person that places streambank protection under a permit exemption under subsection (a) shall comply with the following:

1. (1) The permit exemption terms approved by the department.
2. (2) Additional conditions imposed on the person by the department under subsection (e) or IC 14-28-1-22.

Failure to comply with the conditions of this section may result in the revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a license issued under IC 14-28-1 or, if the waterway is a navigable waterway, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-13; filed Jan 27, 2025, 3:56 p.m.: 20250226-IR-312240265FRA)