20080604-IR-312080286PRA Amends 312 IAC 1-1-21, which defines "lake" for rules in 312 IAC, to coordinate with a definition of "lake" added by SEA 41-2008 to IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act"),...

TITLE 312 NATURAL RESOURCES COMMISSION

Proposed Rule

LSA Document #08-286

DIGEST

Amends 312 IAC 1-1-21, which defines "lake" for rules in 312 IAC, to coordinate with a definition of "lake" added by SEA 41-2008 to IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act"), to include bays and coves except for the determination of a "small lake" under IC 14-8-2-259, to clarify the inclusion of channels in a "public freshwater lake", and to specify that determinations are based upon the highest legal elevation, if a lake has more than one legal elevation. Effective 30 days after filing with the Publisher.

312 IAC 1-1-21

SECTION 1. 312 IAC 1-1-21 IS AMENDED TO READ AS FOLLOWS:

312 IAC 1-1-21 "Lake" defined

Authority: IC 14-10-2-4

Affected: IC 14-8-2-259; IC 14-15; IC 14-26-2; IC 14-26-3-1; IC 25

Sec. 21. (a) "Lake" means, except as provided in subsections (b) and (c), 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.

(c) (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)

Posted: 06/04/2008 by Legislative Services Agency

DIN: 20080604-IR-312080286PRA

Composed: Nov 01,2016 12:25:24AM EDT

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