312 IAC 6-1-1 - Application of article
Authority: IC 14-10-2-4; IC 14-29-1-8
Affected: IC 14-19-1-1; IC 14-21-1; IC 14-28-1; IC 14-29; IC 14-34; IC 14-37
Sec. 1.
(a) This
article governs an activity relative to a license, and an activity for which a
license is required whether or not a permit is sought or held, under:
(1) IC
14-19-1-1;
(2) IC 14-29-1;
(3) IC 14-29-3;
(4) IC 14-29-4 (if IC
14-29-4-5(2)
applies); or
(5) another statute administered by the
department as a result of a waterway being navigable.
(b) In the absence of a contrary state
boundary, the line of demarcation for a navigable waterway is the ordinary high
watermark. If the water level on a navigable waterway is modified by a lawful
control structure, the line of demarcation for purposes of licensure and
enforcement is determined based upon the ordinary high watermark with the
control structure in place.
(c) A
separate license is not required under this article and IC 14-29-1 for an
activity permitted under:
(1) IC
14-21-1;
(2) IC 14-28-1;
(3) IC 14-29-3;
(4) IC 14-34; or
(5) IC 14-37.
(d) Compliance with this article satisfies
the licensing requirements for the following:
(1) IC 14-29-1.
(2) IC 14-29-3.
(3) IC 14-29-4 (if IC
14-29-4-5(2)
applies).
(e) Before issuing a license under:
(1) IC 14-21-1;
(2) IC 14-28-1;
(3) IC 14-34; or
(4) IC 14-37; the department shall apply the
requirements of IC
14-29-1-8 and
this article with respect to an activity within a navigable waterway.
(f) Before issuing a
license under this rule, the department shall consider the following:
(1) The public trust.
(2) The likely impact upon the applicant and
other affected persons, including the accretion or erosion of sand or
sediments.
(g) A
separate license is not required under IC
14-29-1-8 for
an activity that is exempted from licensing by IC
14-29-1-8(e).
Notes
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