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. 4. (a) This section applies where common usage is needed to accommodate the interests of landowners that have either:

1. (1) property rights abutting a lake; or
2. (2) rights to access the lake.

(b) If the placement of multiple structures is found to result in interference to the property rights of a landowner, the department (or, on administrative review, the commission) may require licensure to be conditioned upon common use and maintenance of a structure.

(c) Common use and maintenance may be implemented through any of the following persons:

1. (1) A corporation.
2. (2) A limited liability company.
3. (3) A partnership.
4. (4) An association.
5. (5) A county, city, town, or township.
6. (6) Another person providing for common ownership and determined by the department (or, on administrative review, by the commission) to be capable of serving the purposes of this section.

(d) A person who refuses to participate in a process for common usage, established under this section, may be denied:

1. (1) a license by the department; and
2. (2) access to the common structure by the person identified under subsection (c).

(Natural Resources Commission; 312 IAC 11-3-4; filed Mar 4, 2008, 12:22 p.m.: 20080402-IR-312070467FRA; 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)