312 IAC 6-5-9 - Creek rock removal from a navigable waterway; general license
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-8
Affected: IC 14-19-1-1; IC 14-28-1; IC 14-29-1; IC 14-29-3
Sec. 9.
(a) Except as
provided in subsection (d), this section establishes a general license for the
removal of creek rock from a navigable waterway that is subject to IC 14-28-1,
IC 14-29-1, or IC 14-29-3.
(b) To
act under this section, a person must:
(1) if
creek rock is to be removed from a parcel located in the riparian zone of an
adjacent property owner, either:
(A) be a
riparian owner for the parcel; or
(B) have written permission from a riparian
owner for the parcel; and
(2) receive written permission from the
department in the conduct of its responsibilities under IC
14-19-1-1(9).
The permission under this subdivision is a proprietary function for the public
trust and is not a licensure function.
(c) Without a written license under IC
14-28-1, IC 14-29-1, or IC 14-29-3, and without notice to the department other
than as anticipated by subsection (b)(2), a person may remove creek rock from
the parcel, if the person satisfies each of the following conditions:
(1) Not more than ten (10) cubic yards of
creek rock is removed within one (1) calendar year from the parcel.
(2) The creek rock is removed exclusively by
the following methods:
(A) Hand.
(B) Hand tools.
(3) The creek rock is removed between July 1
and March 31 of the following year.
(4) The creek rock is removed only from sand
bars and gravel bars within the waterway. The excavation of waterway banks does
not qualify under this subdivision.
(d) An individual license is required under
IC 14-28-1 and this article for the removal of creek rock from Lake Michigan.
Notes
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