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

Affected: IC 14-26-2-4

Sec. 3.5. (a) Notwithstanding 312 IAC 11-3-1(b)(5), a temporary pier or boat lift is authorized on Clear Lake in Steuben County by a general license under IC 14-26-2 if the structure conforms with both of the following:

1. (1) Satisfies 312 IAC 11-3-1(b)(1) through 312 IAC 11-3-1(b)(4) and 312 IAC 11-3-1(b)(7) through 312 IAC 11-3-1(b)(9).

2. (2) Extends not more than either of the following:

   1. (A) One hundred fifty (150) feet from the shoreline or water line and satisfies 312 IAC 11-3-1(b)(6).
   2. (B) Two hundred fifty (250) feet from the shoreline or water line and does not extend over water that is continuously more than three (3) feet deep from a point at the shoreline or water line 16 T 0680132 (UTM 46220900) clockwise to a point at the shoreline or water line at 16 T 0680436 (UTM 4622968).

(b) A person must not operate a boat in excess of idle speed within three hundred (300) feet of the shoreline or water line for the area identified in subsection (a)(2)(B).

(c) As used in this section, "shoreline or water line" means the line formed under IC 14-26-2-4(1) at one thousand thirty-seven and thirty-eight hundredths (1037.38) feet, National Geodetic Vertical Datum of 1929 (NGVD-29).

(Natural Resources Commission; 312 IAC 5-6-3.5; filed May 10, 2023, 10:05 a.m.: 20230607-IR-312220349FRA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)