Section 312IAC11-4-5. Boatwell excavations or constructions

   (a) A written license under IC 14-26-2 and this rule is required to excavate or construct a boatwell that is within or adjacent to the shoreline or water line of a public freshwater lake.

  (b) The department may not issue a license for the excavation or construction of a boatwell in:

(1) a significant wetland; or

(2) an area of special concern.

  (c) To qualify for a license to place a boatwell in a developed area, the excavation or construction of the boatwell must not:

(1) adversely affect the:

(A) water level;

(B) significant wetlands; or

(C) natural resources;

of the public freshwater lake;

(2) exceed twenty (20) feet wide;

(3) extend more than thirty (30) feet landward from the shoreline or water line; and

(4) be connected to the public freshwater lake until the landward sides of the boatwell have been stabilized to prevent erosion.

  (d) Erosion from disturbed areas landward of the shoreline or water line must be controlled to prevent its transport into the lake. (Natural Resources Commission; 312 IAC 11-4-5; filed Feb 26, 1999, 5:49 p.m.: 22 IR 2226; readopted filed Aug 4, 2005, 6:00 p.m.: 28 IR 3661; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; readopted filed Jul 28, 2011, 10:28 a.m.: 20110824-IR-312110042RFA)