Authority: IC 14-10-2-4; IC 14-11-2-1

Affected: IC 4-21.5; IC 14

Sec. 15. (a) This section governs the use of an area within a DNR property that is open to the public by a person to conduct a public meeting, parade, demonstration, ceremony, contest, competition, sporting activity, or other special event. For the purposes of this section, an area is not open to the public if the director or an authorized representative determines that the proposed activity would unduly disturb the environmental, biological, ecological, archeological, or historic characteristics of the area.

(b) An area open to the public may not be used by a person to conduct a public meeting, parade, demonstration, or ceremony unless the person has obtained a license for the use under this section.

(c) An application for a license designated in subsection (b) shall be delivered to the department at least thirty (30) days in advance of the proposed event and shall set forth each of the following:

1. (1) The name, address, and telephone number of the applicant.
2. (2) The date, time, and duration of the proposed activity.
3. (3) An estimate of the number of individuals expected to attend and to participate in the activity.
4. (4) A statement of any equipment or facilities to be used in connection with the activity.

(d) An application for a license under subsection (b) shall be granted unless the property manager determines at least one (1) of the following:

1. (1) The activity will present or be conducted in a manner that will present a clear and immediate danger to public health or safety.
2. (2) The activity will cause undue interference to other users in the area.
3. (3) The activity will conflict with another license previously issued by the property manager.

(e) An area open to the public may not be used for a contest, competition, sporting event, or other similar activity unless authorized by a license. An application for a license under this subsection shall be delivered to the department at least thirty (30) days before the proposed event and shall set forth the following:

1. (1) The name, address, and telephone number of the applicant.
2. (2) The date, time, and duration of the proposed activity.
3. (3) An estimate of the number of individuals expected to attend and participate in the activity.
4. (4) A description of any equipment or facilities to be used in connection with the activity.

(f) To receive a license under subsection (e), the applicant must demonstrate each of the following:

1. (1) The activity will not present or be conducted in a manner that will present a clear and immediate danger to public health or safety.
2. (2) The activity will not cause undue interference to other users of the area.
3. (3) The activity will not conflict with another permit previously issued by the property manager.
4. (4) The activity is consistent with the property master plan, or, if a master plan has not been adopted, is consistent with the purposes for which the area was established.
5. (5) The activity is consistent with any site designated under subsection (h).

(g) The property manager shall make an initial determination to issue or deny an application for a license sought under this section within a reasonable period of time after receipt of the application. The license may include conditions that are reasonably necessary to satisfy the purposes of this section. An applicant or other affected person who is aggrieved may take administrative review to the commission under IC 4-21.5 and 312 IAC 3-1.

(h) An area open to the public is available to the general public by reservation on a first-come, first-served basis.

(i) A license issued under this section does not authorize a person to establish, construct, or erect a structure unless otherwise specified in the license.

(j) This section does not apply to a private expression of religious preference.

(Natural Resources Commission; 312 IAC 8-2-15; filed Oct 28, 1998, 3:32 p.m.: 22 IR 744, eff Jan 1, 1999; errata filed Dec 17, 1998, 9:32 a.m.: 22 IR 1525; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:58 p.m.: 20100421-IR-312100037RFA; readopted filed Sep 27, 2016, 1:57 p.m.: 20161026-IR-312160151RFA; readopted filed Sep 28, 2022, 8:20 a.m.: 20221026-IR- 312220242RFA)