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

Affected: IC 14-26-2

Sec. 4. (a) A written license under IC 14-26-2 and this rule is required to place material for an underwater beach within a public freshwater lake.

(b) The director or a delegate shall not issue a license for the placement of:

1. (1) filter cloth; or
2. (2) an impermeable material;

beneath or in an underwater beach.

(c) The director or a delegate shall not issue a license for the placement of an underwater beach:

1. (1) in a significant wetland; or
2. (2) along a natural shoreline.

(d) To qualify for a license to place an underwater beach in an area of special concern, the underwater beach must:

1. (1) not exceed six hundred twenty-five (625) square feet;

2. (2) not extend:

   1. (A) more than thirty (30) feet lakeward of the shoreline or water line; or
   2. (B) to a depth of six (6) feet;
3. whichever occurs earlier;
4. (3) be placed on not more than one-half (1/2) the length of the shoreline or water line of the riparian owner;
5. (4) be comprised of clean, nontoxic pea gravel;
6. (5) not exceed six (6) inches in thickness; and
7. (6) be thin enough or tapered so the shoreline or water line will not be extended lakeward.

(e) To qualify for a license to place an underwater beach in a developed area, the underwater beach must:

1. (1) be comprised of clean, nontoxic pea gravel;
2. (2) not exceed six (6) inches in thickness;
3. (3) be placed on not more than one-half (1/2) the length of the shoreline or water line of the riparian owner;

4. (4) extend not:

   1. (A) more than fifty (50) feet lakeward from the shoreline or water line; or
   2. (B) beyond a depth of six (6) feet;
5. whichever occurs earlier; and
6. (5) be thin enough or tapered so the shoreline or water line will not be extended lakeward.

(f) If beach material has been placed previously under this section, the additional material must not:

1. (1) extend beyond the limits of the previous beach material; and
2. (2) exceed the size restrictions specified in subsections (d) and (e).

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

(Natural Resources Commission; 312 IAC 11-4-4; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2226; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1547; 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; errata filed Aug 9, 2006, 12:00 p.m.: 20060906-IR-312060009ACA; 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)