Section 312IAC10-5-9. Creek rock removal from a nonnavigable waterway; general license without notice

   (a) This section establishes a general license without notice for the removal of creek rock from a waterway that is subject to IC 14-28-1. A person must:

(1) own; or

(2) have written permission from a person who owns;

the parcel of a waterway where creek rock is removed in order to qualify under this section.

  (b) Without a written license under IC 14-28-1 and without notice to the department, a person may remove creek rock from the parcel, if the person satisfies each of the following conditions:

(1) Not more than twenty-five (25) cubic yards of creek rock is removed within one (1) calendar year from the parcel.

(2) The creek rock is removed exclusively by the following methods:

(A) Hand.

(B) Hand tools.

(C) Scoop-type excavating equipment. The use of a bulldozer or rock crusher does not qualify under this clause.

(3) The creek rock is removed between July 1 and March 31 of the following year. This restriction does not apply to creek rock, other than slab rock, that is removed from a sand bar or gravel bar and was deposited during any of the following:

(i) a regulatory flood;

(ii) a flood greater than a regulatory flood; or

(iii) a flood for which the governor declares a disaster.

(4) The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision.

  (c) A navigable waterway is governed by 312 IAC 6. (Natural Resources Commission; 312 IAC 10-5-9; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA)