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

Affected: IC 14-28; IC 14-29

Sec. 2. (a) A person who wishes to place a permanent structure on or within the ordinary high watermark of Lake Michigan must file a license application with the department that is completed under this article.

(b) The applicant must include plans, drawings, other specifications reasonably required for the department to determine whether placement of the permanent structure would satisfy 312 IAC 6-1-1.

(c) The applicant must demonstrate the permanent structure will not do any of the following:

1. (1) Unreasonably impair the navigability of the lake or an adjacent navigable waterway.
2. (2) Cause significant harm to the environment.
3. (3) Pose an unreasonable hazard to life or property.

(d) The applicant shall evaluate the likely impact of the permanent structure on coastal dynamics, including the following:

1. (1) Shoreline erosion and accretion.
2. (2) Sand movement within the lake.
3. (3) The interaction with existing structures.

(e) The applicant must demonstrate either that it is the fee owner of land immediately adjacent to the site where the construction would take place or that the applicant has written authorization from the fee owner of that land.

(f) The applicant must provide notice to persons adjacent to the affected real property as described in 312 IAC 2-3.

(Natural Resources Commission; 312 IAC 6-8-2; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1612; 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)