Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1; IC 14-29-3; IC 14-34; IC 14-37

Sec. 3. (a) Except as provided in subsections (b) through (d), a written license is required under this rule before a person can lawfully extract sand, gravel, stone, coal, oil, gas, or another mineral from or under the bed of a navigable waterway.

(b) A separate license is not required under this rule for the extraction of coal from or under the bed of a navigable waterway if a license is issued under IC 14-34 and 312 IAC 25 that also applies the requirements of this rule.

(c) A separate license is not required under this rule for the extraction of oil or gas from or under the bed of a navigable waterway if a license is issued under IC 14-37 and 312 IAC 16-3 that also applies the requirements of this rule.

(d) A license is not required under this rule for the extraction of sand, gravel, or stone from the bed of a navigable waterway that is within a floodway if the extraction activity is exempted or excluded from the licensing requirements of IC 14-28-1.

(e) A license under this section shall conform to IC 14-29-1 and IC 14-29-3.

(f) The standards and requirements of this rule govern a license issued under this rule and any activity for which a license is required under this rule.

(Natural Resources Commission; 312 IAC 6-5-3; filed Sep 11, 1997, 8:50 a.m.: 21 IR 370; filed Feb 7, 2000, 3:31 p.m.: 23 IR 1365; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; errata filed Jan 27, 2009, 2:04 p.m.: 20090211-IR-312090064ACA; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA; readopted filed Nov 24, 2015, 4:05 p.m.: 20151223-IR-312150295RFA; readopted filed Sep 23, 2021, 9:42 a.m.: 20211020-IR-312210342RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)