§ 14-26-2-23 — Prohibited activities; permit; applications; fees; rules; mediation; civil enforcement

(a) Unless a person obtains a permit from the
department under this section and conducts the activities according to
the terms of the permit, a person may not conduct the following
activities:
(1) Over, along, or lakeward of the shoreline or water line of a
public freshwater lake:
(A) excavate;
(B) place fill; or
(C) place, modify, or repair a temporary or permanent structure.
(2) Construct a wall whose lowest point would be:
(A) below the elevation of the shoreline or water line; and
(B) within ten (10) feet landward of the shoreline or water line,
as measured perpendicularly from the shoreline or water line;
of a public freshwater lake.
(3) Change the water level, area, or depth of a public freshwater
lake or the location of the shoreline or water line.
(b) An application for a permit for an activity described in
subsection (a) must be accompanied by the following:
(1) A nonrefundable minimum fee of one hundred dollars ($100).
(2) A project plan that provides the department with sufficient
information concerning the proposed excavation, fill, temporary
structure, or permanent structure.
(3) A written acknowledgment from the landowner that any
additional water area created under the project plan is part of the
public freshwater lake and is dedicated to the general public use
with the public rights described in section 5 of this chapter.
(c) The department may issue a permit after investigating the merits
of the application. In determining the merits of the application, the
department may consider any factor, including cumulative effects of
the proposed activity upon the following:
(1) The shoreline, water line, or bed of the public freshwater lake.
(2) The fish, wildlife, or botanical resources.
(3) The public rights described in section 5 of this chapter.
(4) The management of watercraft operations under IC 14-15.
(5) The interests of a landowner having property rights abutting
the public freshwater lake or rights to access the public freshwater
lake.
(d) A contractor or agent of the landowner who engages in an
activity described in subsection (a)(1), (a)(2), or (a)(3) must comply
with the terms of a permit issued under this section.
(e) The commission shall adopt rules under IC 4-22-2 to do the
following:
(1) Assist in the administration of this chapter.
(2) Provide objective standards for issuing permits under this
section, including standards for the configuration of piers, boat
stations, platforms, and similar structures. The standards:
(A) may provide for a common use if the standard is needed to
accommodate the interests of landowners having:
(i) property rights abutting the public freshwater lake; or
(ii) rights to access the public freshwater lake; and
(B) shall exempt any class of activities, including the
construction or placement of temporary structures, from
licensing if the commission finds that the class is unlikely to
pose more than a minimal potential for harm to the public rights
described in section 5 of this chapter. The commission may
adopt rules regarding the conditions upon which an activity
under this clause is permitted without a license.
(3) Subject to IC 14-10-2-1, set the permit application fee at or
above the minimum fee established in subsection (b).

Legislative History

As added by P.L.64-2000, SEC.1. Amended by P.L.152-2006, SEC.3; P.L.6-2008, SEC.10; P.L.25-2009, SEC.2; P.L.195-2017, SEC.41; P.L.191-2023, SEC.6; P.L.164-2024, SEC.12.