Section 312IAC5-4-1. Navigation aids and water recreation structures; applicability

   (a) This rule governs the placement of any navigation aid or water recreation structure.

  (b) A person must comply with this rule before placing a navigation aid or water recreation structure on or along public waters. Except as provided in subsections (d) and (e), a license from the division is required for the placement of a navigation aid or water recreation structure.

  (c) Except as provided in subsections (d) and (e), each navigation aid must be colored white with international orange geometric shapes. If placed on the water, a navigation aid must be a buoy.

  (d) A buoy that identifies a point two hundred (200) feet from the shoreline of any lake or channel under IC 14-15-3-17 is exempted from subsection (c). This exemption does not apply to Lake Michigan or where the division determines the exemption will be contrary to safe and lawful boat usage.

  (e) This rule does not apply to a navigation aid or water recreation structure located within one hundred fifty (150) feet from the waterline or shoreline of a public freshwater lake or to a mooring buoy. The placement of a navigation aid or water recreation structure under this subsection is governed by 312 IAC 11. A mooring buoy located on a navigable waterway is governed by 312 IAC 6. (Natural Resources Commission; 312 IAC 5-4-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2370, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA)