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

Affected: IC 14-26-2

Sec. 3. (a) A written license under IC 14-26-2 and this rule is required to reface on the lakeward side of a seawall that is located within or along the shoreline or water line of a public freshwater lake.

(b) Except as provided in 312 IAC 11-3-1(e), the director or a delegate shall not issue a license to reface a seawall if the wall has been previously refaced.

(c) To qualify for a license if a seawall is to be refaced in a significant wetland or an area of special concern, the seawall reface must be comprised of like materials in accordance with the following seawall types:

1. (1) For an existing concrete seawall, the seawall reface may be comprised of one (1) or any combination of the following:

   1. (A) Concrete.
   2. (B) Glacial stone.
   3. (C) Bioengineered materials.

2. (2) For an existing steel sheet piling seawall, the seawall reface may be comprised of one (1) or any combination of the following:

   1. (A) Steel sheet piling.
   2. (B) Glacial stone.
   3. (C) Bioengineered materials.

3. (3) For an existing riprap seawall, the seawall reface may be comprised of one (1) or any combination of the following:

   1. (A) Riprap.
   2. (B) Glacial stone.
   3. (C) Bioengineered materials.

4. (4) For an existing glacial stone seawall, the seawall reface may be comprised of one (1) or any combination of the following:

   1. (A) Glacial stone.
   2. (B) Bioengineered materials.
5. (5) For an existing bioengineered seawall, the seawall reface may be comprised of bioengineered materials only.

6. (6) For all other seawall types, the seawall reface may be comprised of one (1) or any combination of the following:

   1. (A) Glacial stone.
   2. (B) Bioengineered materials.

(d) To qualify for a license if a seawall is to be refaced in a developed area, the seawall reface must be comprised of one (1) or any combination of the following:

1. (1) Bioengineered material.
2. (2) Glacial stone.
3. (3) Riprap.
4. (4) Concrete.
5. (5) Steel sheet piling.

(e) For a seawall reface comprised of:

1. (1) glacial stone or riprap, the reface must not extend more than four (4) feet lakeward of the shoreline or water line at the base of the existing wall;

2. (2) concrete, the reface must:

   1. (A) not extend more than twelve (12) inches lakeward of the existing seawall; and
   2. (B) be keyed to the lakeward face of the existing seawall;
3. (3) steel sheet piling, the reface must not extend more than six (6) inches lakeward of the existing seawall; and
4. (4) bioengineered material, the lakeward extent of the reface must be coordinated with the department before filing the permit application.

(f) Any walk or structural tie constructed on top of the existing seawall must be located landward of the seawall face.

(g) The director or a delegate shall not issue a license for the placement of an impermeable material behind or beneath a seawall reface.

(h) Filter cloth placed behind or beneath the seawall reface must be properly anchored to prevent displacement or flotation.

(i) Erosion from disturbed areas landward of the shoreline or water line must be controlled to prevent its transport into the lake.

(j) Toe protection placed along the lakeward face of a refaced bulkhead seawall must not extend more than one (1) foot lakeward of the refaced seawall.

(Natural Resources Commission; 312 IAC 11-4-3; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2225; filed Jan 23, 2001, 10:05 a.m.: 24 IR 1616; filed May 25, 2004, 8:45 a.m.: 27 IR 3063; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Sep 14, 2005, 2:45 p.m.: 29 IR 467; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; 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)