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

Affected: IC 14-26-2.1-2; IC 14-28; IC 14-29

Sec. 5. Factors tending to support a finding emergency conditions are present under section 3 of this rule include the following:

1. (1) The lake level is rising.
2. (2) The current lake level is higher than the ordinary high watermark.
3. (3) The failed or threatened erosion control structure is in close proximity to the subject property.
4. (4) The content, design, or position of an erosion control structure makes its accelerated deterioration or collapse more likely.
5. (5) The existing angle of repose of a bluff face or the bluff height make continued slumping probable.
6. (6) The risk of harm to public safety or major damage to real property is aggravated by external circumstances.
7. (7) If immediate action is not taken, persons other than the person seeking to perform emergency remedial action are also likely to suffer harm.

(Natural Resources Commission; 312 IAC 6-7-5; 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; filed Apr 24, 2023, 10:29 a.m.: 20230524-IR-312220350FRA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)