312 IAC 6-7-7 - After-the-fact license
Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 14-18-6; IC 14-28-1; IC 14-29-1
Sec. 7.
(a) A person
who obtains and acts upon an emergency authorization under this rule must file
with the department a completed application, under IC 14-29-1 and this article,
for a permanent after-the-fact license within ninety (90) days of commencing
the emergency activity. The department may, for good cause, grant an extension
of time for filing an after-the-fact license application.
(b) If the activity for which an emergency
authorization is granted also requires a license under IC 14-28-1, a completed
application for a permanent after-the-fact license under IC 14-28-1 must also
be filed with the department within ninety (90) days of commencing the
emergency activity.
(c) Subsections
(a) and (b) do not apply if the person granted an emergency authorization
conducts no activity over which the department has jurisdiction under IC
14-28-1 or IC 14-29-1.
(d) The
receipt of an emergency authorization creates no inference of entitlement to an
after-the-fact license or to ownership of the bed of Lake Michigan. The
department may require modification or removal of any material or structure
placed on or within the ordinary high watermark of Lake Michigan if appropriate
to IC 14-29-1 and this article. A person may obtain title to lands within the
ordinary high watermark of Lake Michigan only upon compliance with IC 14-18-6.
Notes
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