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

Affected: IC 14-11-4; IC 14-15; IC 14-26-2

Sec. 3. (a) Except as provided in section 1 of this rule and in subsection (c), a structure placed within the shoreline or water line of a public freshwater lake requires a written license issued by the department under IC 14-26-2 and this rule.

(b) Except as provided in 312 IAC 11-4-7, a structure that is located on a public freshwater lake:

1. (1) more than one hundred fifty (150) feet; and
2. (2) less than two hundred (200) feet;

from the shoreline or water line requires a written license under IC 14-26-2, this rule, IC 14-15-7-3, and 312 IAC 5- 4. The department may provide that the multiple licensing requirements of this subsection be satisfied with a single written license.

(c) Except as provided in 312 IAC 11-4-7, a structure that is located:

1. (1) on a public freshwater lake; and
2. (2) not less than two hundred (200) feet from the shoreline or water line;

does not require a license under IC 14-26-2 and this rule, but the structure does require a license under IC 14-15-7-3 and 312 IAC 5-4. Only a navigation aid or water recreation structure can be licensed under 312 IAC 5-4.

(d) The director or a delegate shall not issue a license under this rule except upon a written determination that shows the following:

1. (1) The license, including conditions attached to the license, conforms to IC 14-26-2 and this rule. In making the determination, there shall be a determination that issuance of the permit would not result in significant environmental harm to the public freshwater lake.
2. (2) The applicant has demonstrated that an owner of each parcel of real estate, reasonably known to be adjacent to the real estate described in subsection (e)(2), has been notified under IC 14-11-4 and 312 IAC 2-3.

(e) An application for a license under this section must include a description of the following:

1. (1) The permanent structure, including plans and specifications of sufficient detail for the department to evaluate the project under IC 14-26-2 and this rule.

2. (2) The real estate:

   1. (A) on which the structure would be located; or
   2. (B) that the structure would benefit.

(f) Examples of a structure that requires a written license under this section include the following:

1. (1) A marina.
2. (2) A group pier.
3. (3) A new seawall or a seawall refacing.
4. (4) An underwater beach.
5. (5) A boat well excavation, construction, or fill.
6. (6) A fish attractor.
7. (7) A pier that is supported by a structure permanently mounted in, or affixed to, the bed of the lake.

8. (8) A boathouse that is totally or partially enclosed on the sides. This structure ordinarily should be:

   1. (A) placed over a boat well constructed landward of the shoreline or water line; and
   2. (B) constructed only after a permit is obtained to alter the shoreline or water line.

(Natural Resources Commission; 312 IAC 11-3-3; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2224; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Sep 14, 2005, 2:45 p.m.: 29 IR 465; filed Oct 1, 2010, 3:50 p.m.: 20101027-IR-312090856FRA, 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)