312 IAC 6-4-5 - General licenses for qualified piers
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14-15; IC 14-26-2; IC 14-29-1
Sec. 5.
(a) The
placement and maintenance of a pier is authorized without a written license
issued by the department under IC 14-29-1 and this rule if the pier qualifies
under this section.
(b) In order
for a pier to qualify, the structure must satisfy each of the following:
(1) Not infringe on the access of an adjacent
landowner to the navigable waterway.
(2) Not unduly restrict navigation.
(3) Not exceed the lesser of the following:
(A) One hundred (100) feet long.
(B) One-quarter (1/4) of the width of the
waterway.
(4) Not be
unusually wide or long relative to similar structures within the vicinity on
the same navigable waterway.
(5)
Not be a marina.
(6) Not be a group
pier.
(7) Be placed by a riparian
owner or with the written approval of a riparian owner.
(c) A pier placed along or within the
ordinary high watermark of Lake Michigan must also comply with 312 IAC 11-7 or
312 IAC 11-8.
(d) A pier placed
along or within the ordinary high watermark of any of the following lakes must,
in addition to this article, satisfy any requirement otherwise applicable to a
property that is owned or leased by the state and managed by a division of the
department:
(1) Brookville Lake in Franklin
County and Union County.
(2) Cagles
Mill Lake in Putnam County and Owen County.
(3) Cecil M. Harden Lake in Parke
County.
(4) Mississinewa Lake in
Miami County, Wabash County, and Grant County.
(5) Lake Monroe in Monroe County, Brown
County, and Lawrence County.
(6)
Patoka Lake in Dubois County, Orange County, and Crawford County.
(7) J. Edward Roush Lake in Huntington
County.
(e) A pier is
exempted from licensure under this rule and IC 14-29-1 if placed along or
within the ordinary high watermark of either of the following:
(1) Lake Freeman in Carroll County and White
County.
(2) Lake Shafer in White
County.
Notes
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