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

Affected: IC 14-28; IC 14-29

Sec. 4. The department may grant a request to approve emergency construction if, without performing the construction, there is an imminent risk of harm to public safety or major damage to property and at least one (1) of the following conditions exist:

1. (1) No erosion protection structure is present at the site.

2. (2) A failure or significant structural deterioration of an existing erosion protection structure has occurred. Examples include the following:

   1. (A) Erosion of the lake bottom has occurred adjacent to a sheet steel wall.
   2. (B) Stones in a rock revetment have shifted.
3. (3) Major shoreline erosion has occurred.
4. (4) A bluff face is excessively steep and threatens mass slumping.
5. (5) Without the construction, there would be a likelihood of significant harm to the environment or to public health and safety.

(Natural Resources Commission; 312 IAC 6-7-4; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1611; 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)