Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 1. (a) This rule establishes standards for determining whether an emergency condition warrants the approval of a construction activity along or within the ordinary high watermark of Lake Michigan where a license application, review, and approval are not completed before conducting the activity. An emergency authorization under this rule applies to IC 14-28-1 and IC 14-29-1.

(b) The presumption is a license application, review, and approval process must be completed before a construction activity can be approved. An emergency action is authorized only if the division director finds the action is supported by extraordinary circumstances as described in this rule.

(c) This rule also sets procedures for seeking approval of an emergency activity and the status of improvements made as a result of the activity.

(Natural Resources Commission; 312 IAC 6-7-1; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1610; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; 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)