Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23

Affected: IC 14-15; IC 14-26-2

Sec. 1.2. (a) This section establishes terms for a general license to place and maintain an aerator.

(b) A person who acts under this section is not required to complete an application or to obtain a written license from the department under IC 14-26-2 and this rule. A person who wishes to place or maintain an aerator, which does not qualify under this section, must obtain a written license in advance of placement.

(c) To qualify for the general license, a person must satisfy each of the following requirements:

1. (1) Limit operation of the aerator to March through October.

2. (2) For March, post and maintain a sign at the site of the aerator that does each of the following:

   1. (A) States "beware thin ice" in black lettering clearly visible to an approaching person.
   2. (B) Includes a standard illustration in black for thin ice, upon a reflective yellow background, within a black triangle.
   3. (C) Substantially conforms to the following illustration:

3. (3) Limit the effects of the aerator to a distance that does not:

   1. (A) exceed one hundred fifty (150) feet from the shoreline or water line of the public freshwater lake; or
   2. (B) extend beyond the boundaries of the person's riparian zone.

4. (4) Operate the aerator to accomplish both of the following:

   1. (A) Minimize the disturbance of bottom sediments.
   2. (B) Not diminish water clarity.
5. (5) Operate the aerator so it does not unduly infringe on the recreational usage of the lake by adjacent landowners or the public.
6. (6) Operate the aerator so that it does not remove more than six hundred twenty-five (625) square feet of aquatic vegetation.

7. (7) Cause the aerator to be the following:

   1. (A) Readily inoperable or removable.
   2. (B) Secure from movement caused by water currents, wind, or similar factors.

(Natural Resources Commission; 312 IAC 11-3-1.2; filed Aug 27, 2010, 11:11 a.m.: 20100922-IR- 312090806FRA, eff Jan 1, 2011; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR-312110042RFA; readopted filed Jul 19, 2017, 3:46 p.m.: 20170816-IR-312170133RFA; readopted filed Mar 22, 2023, 4:07 p.m.: 20230419-IR- 312230066RFA)