Section 312IAC1-1-21. "Lake" defined  


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  •    (a) "Lake" means, except as provided in subsections (b) through (d), a reasonably permanent body of water substantially at rest in a depression in the surface of the earth, if both the depression and the body of water are of natural origin or part of a watercourse. If part of a watercourse, a lake may be formed by damming a river or stream.

      (b) For purposes of IC 14-15, "lake" means a natural or an artificial lake.

      (c) For purposes of IC 14-26-2, "lake" has the meaning set forth in IC 14-26-2-1.5.

      (d) For purposes of IC 14-26-3, "lake" has the meaning set forth in IC 14-26-3-1.

      (e) In determining the shoreline or water line of a lake, the following are included:

    (1) A bay or cove, except for a determination of a small lake as defined under IC 14-8-2-259.

    (2) A man-made channel connected to a public freshwater lake under 312 IAC 11-2-17, if the channel:

    (A) existed on March 12, 1947;

    (B) as a condition of a department license, was required to conform to IC 14-26-2-9 (or, before their repeals, to conform to IC 13-2-11-2 or IC 13-2-11.1-5); or

    (C) was constructed without a department license required under IC 14-26-2 (or, before their repeals, under IC 13-2-11 or IC 13-2-11.1).

    (3) If a lake has more than one (1) legal elevation, the highest legal elevation is used.

    (Natural Resources Commission; 312 IAC 1-1-21; filed Dec 1, 1995, 10:00 a.m.: 19 IR 658; readopted filed May 8, 2001, 3:51 p.m.: 24 IR 2895; readopted filed May 29, 2007, 9:42 a.m.: 20070613-IR-312070111RFA; filed Nov 5, 2008, 2:27 p.m.: 20081203-IR-312080286FRA; errata filed Nov 24, 2008, 11:07 a.m.: 20081210-IR-312080286ACA; readopted filed Sep 19, 2013, 10:13 a.m.: 20131016-IR-312130169RFA)