Section 312IAC11-3-4. Common usage where needed to accommodate landowner property rights

   (a) This section applies where common usage is needed to accommodate the interests of landowners that have either:

(1) property rights abutting a lake; or

(2) rights to access the lake.

  (b) If the placement of multiple structures is found to result in interference to the property rights of a landowner, the department (or, on administrative review, the commission) may require licensure to be conditioned upon common use and maintenance of a structure.

  (c) Common use and maintenance may be implemented through any of the following persons:

(1) A corporation.

(2) A limited liability company.

(3) A partnership.

(4) An association.

(5) A county, city, town, or township.

(6) Another person providing for common ownership and determined by the department (or, on administrative review, by the commission) to be capable of serving the purposes of this section.

  (d) A person who refuses to participate in a process for common usage, established under this section, may be denied:

(1) a license by the department; and

(2) access to the common structure by the person identified under subsection (c).

(Natural Resources Commission; 312 IAC 11-3-4; filed Mar 4, 2008, 12:22 p.m.: 20080402-IR-312070467FRA; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR-312110042RFA)