§ 14-15-3-11 — Small lakes; exemption from speed limit

Indiana § 14-15-3-11

• Jurisdiction: Indiana
• Art. 15: REGULATION OF WATER RECREATION
• Ch. 3: Watercraft Operation

Text

(a) The commission may adopt rules under
IC 4-22-2 to exempt a small lake containing more than seventy (70)
acres from section 10 of this chapter if the following conditions exist:
(1) A majority of the abutting property owners petitions the
commission as provided in this section.
(2) An unreasonable hazard to persons would not result.
(3) An unreasonable harm to fish, wildlife, or botanical resources
would not result.
(b) A petition under this section must specify one (1) of the
following periods for exemption from section 10 of this chapter:
(1) Each day of the week (Sunday through Saturday) from 1 p.m.
to 4 p.m. (local time prevailing).
(2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m. (local
time prevailing).
(3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).
(4) Each day of the week (Sunday through Saturday) from sunrise
to sunset if the small lake is owned, leased, or operated in whole
or in part by a political subdivision (as defined in IC 36-1-2-13).
(5) Each day of the week (Sunday through Saturday) from sunrise
to sunset if the small lake is connected by a natural channel to a
lake having a surface area of more than three hundred (300) acres.
(c) The commission may not establish a period that deviates from
the period requested in the petition. However, the commission may
adopt rules to establish restrictions for the safe operation of watercraft
if unusual conditions or hazards would otherwise result by granting the
exemption.
(d) The commission may adopt rules under IC 4-22-2 to rescind or
amend an exemption granted under subsection (a) if:
(1) a majority of the abutting property owners of a small lake that
has been exempted under this section petitions the commission in
substantial accordance with the appropriate corresponding
requirements of subsection (f) to rescind the exemption; or
(2) the commission determines that because of the exemption:
(A) there is an unreasonable hazard to persons; or
(B) unreasonable harm to fish, wildlife, or botanical resources
is occurring.
(e) Before the adoption of a rule under subsection (a), the
commission must certify that the petition represents a majority of the
abutting property owners. A determination under this subsection is
subject to an administrative adjudication under IC 4-21.5.
(f) A petition under this section must be in the following form:
To the State of Indiana
Department of Natural Resources
The undersigned, all owners of abutting property to (name of lake)
and situated in ___________ County, Indiana, petition the department
to post time periods exempting (name of lake) from speed limits as
specified in IC 14-15-3-10 as follows:
(Petition to specify one (1) of the time periods listed above.)
We certify that, according to land and water acreage maps on file
with the department or certified survey attached, (name of lake) is less
than three hundred (300) acres and more than seventy (70) acres, as
specified in IC 14-15-3 and that the signatures listed on this petition
represent a majority of bona fide property owners of abutting property
of (name of lake), as recorded in the office of the county recorder of
(name of county). The department may verify the validity of the
signatures. We also understand and agree that this petition, when
certified, may not be changed or altered within two (2) years from the
date of the certification.
______________________ _____________________
Signed Lake Property Address
_____________________
Date
[Pre-1995 Recodification Citation: 14-1-1-24(b), (c), (d), (f),
(g).]

Legislative History

As added by P.L.1-1995, SEC.8. Amended by P.L.92-2025, SEC.23.