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. 3. (a) If an applicant demonstrates to the satisfaction of the department that modifications to conditions required under this article would promote a purpose described in subsection (b) or (c), the director or a delegate may issue a license under this section that incorporates those modifications. A person who wishes to secure a license under this section must confer with the department before filing an application.

(b) If a purpose of the license is to enhance public access to or use of the lake, the department may issue a license to any of the following:

1. (1) A government entity.
2. (2) A nonprofit organization.
3. (3) A lake association.
4. (4) An educational institution.

(c) If a purpose of the license is to control erosion and stabilize the shoreline or waterline, the department may issue a license where supported by a written assessment from a registered engineer, geologist, or soil scientist (with expertise in bank stabilization and erosion control practices) that the proposal is the only viable method for controlling erosion and stabilizing the shoreline or waterline. The written assessment must evaluate the following:

1. (1) The composition of existing shoreline terrain.
2. (2) Impacts due to wind and wave action.
3. (3) The severity of erosion and need for bank stabilization.
4. (4) The suitability of materials to armor and provide bank stabilization.

(d) The applicant for a license under this section must also demonstrate the proposal would not affect the:

1. (1) public safety;
2. (2) natural resources;
3. (3) natural scenic beauty; or
4. (4) water level;

of the lake in a manner otherwise prohibited by IC 14-26-2.

(e) The following materials do not qualify for a license under this section:

1. (1) Railroad ties.
2. (2) Treated timber.
3. (3) Broken concrete.
4. (4) Tires.
5. (5) Scrap metal, appliances, or vehicle bodies.
6. (6) Asphalt.
7. (7) Another material determined by the department to be unsuitable for satisfying the requirements of this section.

(Natural Resources Commission; 312 IAC 11-5-3; filed Sep 14, 2005, 2:45 p.m.: 29 IR 468; 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)