Indiana § 14-15-3-12 Small lakes; rescission or amendment of exemption from speed limit

Indiana Statutes

§ 14-15-3-12 — Small lakes; rescission or amendment of exemption from speed limit

Indiana·Art. 15 REGULATION OF WATER RECREATION·Ch. 3 Watercraft Operation

(a)A petition filed by a majority of the abutting property owners of a small lake continues in effect and may not be rescinded by a subsequent petition to amend, alter, or abolish for two (2) years from the date of certification of the last filed petition.

(b)To amend, alter, or abolish an existing certified petition a majority of the abutting property owners of the small lake must petition the department.

(c)The commission may adopt rules under IC 4-22-2 to rescind or amend an exemption granted under section 11 of this chapter if:

(1)a majority of the abutting property owners of a small lake that has been exempted under section 11 of this chapter petitions the commission in substantial accordance with the appropriate corresponding requirements of subsection (d) to rescind the exemptio

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(a) A petition filed by a majority of the
abutting property owners of a small lake continues in effect and may
not be rescinded by a subsequent petition to amend, alter, or abolish for
two (2) years from the date of certification of the last filed petition.
(b) To amend, alter, or abolish an existing certified petition a
majority of the abutting property owners of the small lake must petition
the department.
(c) The commission may adopt rules under IC 4-22-2 to rescind or
amend an exemption granted under section 11 of this chapter if:
(1) a majority of the abutting property owners of a small lake that
has been exempted under section 11 of this chapter petitions the
commission in substantial accordance with the appropriate
corresponding requirements of subsection (d) 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.
(d) 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 (amend) (abolish) an existing petition as follows:
(Insert desired action)
We certify that the signatures listed on this petition represent a
majority of the 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 county auditor of the county in which the property is
located shall verify the validity of the signatures before the petition is
presented to the department. We also understand and agree that this
petition, superseding all existing and prior petitions, when certified,
takes effect immediately, and a subsequent petition may not be filed for
two (2) years from the date of certification.
(e) Upon rescission of a prior petition, the department, as soon as
practicable, shall remove all existing postings on the lake.
(f) It is the intent of this section to avoid confusion to lake users that
might result from frequent changes in posting and unnecessary expense
to the department in erecting and removing postings more often than
every two (2) years.
[Pre-1995 Recodification Citation: 14-1-1-24(e), (h),
(i).]

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