in-20250409-IR-312250164NRA: NATURAL RESOURCES COMMISSION
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Public freshwater lakes are governed by IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act") and rules adopted by the Natural Resources Commission (the "Commission") at 312 IAC 11-1 through 312 IAC 11-5 to assist with its implementation of the Lakes Preservation Act. In 2008, the Indiana General Assembly enacted legislation to authorize the Commission to adopt and maintain, as a nonrule policy document, a listing of public freshwater lakes relying on recommendations of the Department of Natural Resources (the "DNR") and the Advisory Council (IC 14-26-2-24). The legislation provides that the listing shall include the name of the lake, the county, and specific location within the county where the lake is located. (See IC 14-26-2-24(a)(1) and IC 14-26-2-24(a)(2)). "A person may obtain administrative review from the commission for the listing or nonlisting of a lake as a public freshwater lake through a licensure action, status determination, or enforcement action under IC 4-21.5" (IC 14-26-2-24(b)). The Commission adopted rules at 312 IAC 3-1 to assist with its implementation of IC 4-21.5. The purpose of this document is to provide the listing of public freshwater lakes that was anticipated by IC 14-26-2-24. Before the adoption of this document, the DNR did not have an official listing of public freshwater lakes. The listing provides the public and DNR professionals with guidance concerning which lakes the DNR administers under the Lakes Preservation Act and 312...
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NATURAL RESOURCES COMMISSION Information Bulletin #61 (Tenth Amendment) SUBJECT: Listing of Public Freshwater Lakes
1. Purpose
Public freshwater lakes are governed by IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act") and rules adopted by the Natural Resources Commission (the "Commission") at 312 IAC 11-1 through 312 IAC 11-5 to assist with its implementation of the Lakes Preservation Act. In 2008, the Indiana General Assembly enacted legislation to authorize the Commission to adopt and maintain, as a nonrule policy document, a listing of public freshwater lakes relying on recommendations of the Department of Natural Resources (the "DNR") and the Advisory Council (IC 14-26-2-24). The legislation provides that the listing shall include the name of the lake, the county, and specific location within the county where the lake is located. (See IC 14-26-2-24(a)(1) and IC 14-26-2-24(a)(2)). "A person may obtain administrative review from the commission for the listing or nonlisting of a lake as a public freshwater lake through a licensure action, status determination, or enforcement action under IC 4-21.5" (IC 14-26-2-24(b)). The Commission adopted rules at 312 IAC 3-1 to assist with its implementation of IC 4-21.5. The purpose of this document is to provide the listing of public freshwater lakes that was anticipated by IC 14-26-2-24.
2. Application and Amendment
Before the adoption of this document, the DNR did not have an official listing of public freshwater lakes. The listing provides the public and DNR professionals with guidance concerning which lakes the DNR administers under the Lakes Preservation Act and 312 IAC 11-1 through 312 IAC 11-5. The Commission shall amend the listing where adjudications are made pursuant to IC 14-26-2-24(b) and may amend the listing relying upon subsequent recommendations from the DNR and the Advisory Council. The inclusion of a lake on this list does not convey access to a public freshwater lake across private property without permission.
3. Definitions
The following definitions apply to this bulletin:
4. Listing of Public Freshwater Lakes
The DNR's Division of Water, Division of Law Enforcement, and Division of Fish and Wildlife worked together to develop this listing. Information was included from the Division of Water's database for permits that have been issued, as well as from field inspections by conservation officers and fisheries biologists, to determine if a lake meets the requirements for a public freshwater lake as defined by IC 14-26-2-3. The DNR limited the geographic scope of its review to the portion of Indiana north of State Road 26. The listing is as follows: Adams County Allen County Carroll County Cass County DeKalb County Elkhart County Fulton County Kosciusko County LaGrange County Lake County LaPorte County Marshall County Noble County Porter County Pulaski County St. Joseph County Starke County Steuben County Wabash County White County Whitley County * The authority of the DNR and of the Commission to govern Lake Freeman and Lake Shafer is abridged by IC 14-26-2-15.
5. Administrative Review of Listing or Nonlisting
A person may obtain administrative review from the Commission for the listing or nonlisting of a lake as a public freshwater lake through a licensure action, status determination, or enforcement action, as anticipated by IC 14-26-2-24(b), by filing a petition under IC 4-21.5-3-7 at the following address: Division of Hearings Natural Resources Commission Indiana Government Center North 100 North Senate Avenue, Room N103 Indianapolis, IN 46204-2273; or nrcaopa@nrc.in.gov
6. History
This Information Bulletin was first published in the Indiana Register on November 25, 2009 (20091125-IR-312090920NRA). On October 1, 2010, the Commission approved the First Amendment (20101006-IR-312100620NRA) updating the listing. On May 17, 2011, the Commission approved the Second Amendment (20110601-IR-312110313NRA). On March 18, 2014, the Commission approved the Third Amendment (20140402-IR-312140098NRA). On September 16, 2014, the Commission approved the Fourth Amendment (20140924-IR-312140381NRA) adding Wilmot Pond (Noble County) and Little Long Lake (Steuben County). On January 19, 2016, the Commission approved the Fifth Amendment (20160127-IR-312160050NRA) removing Pine Canyon Lake and Rhodes Lake (both in Steuben County). On January 17, 2017, the Commission approved the Sixth Amendment (20170301-IR-312170046NRB) modifying the name and location of Mill Pond, removing the requirement that DNR update the Commission to propose any amendments to this document no later than January 1, 2017; and relocating section 6 of this bulletin. On May 17, 2017, the Commission approved the Seventh Amendment (20170531-IR-312170269NRA) updating the contact information for the Commission and its Division of Hearings. On September 21, 2021, the Commission approved the Eighth Amendment (20211020-IR-312210447NRA) making technical changes. On November 21, 2023, the Commission approved this Ninth Amendment removing Wible Lake in Noble County, corrected the location information for Barton Lake in Steuben County, removed Hog Lake in Steuben County, and added Lake Michiana (formerly called Hog Lake) in Steuben County. Replaces Bulletin Document at: 20211020-IR-312210447NRA
Documents
- Full text (state register) · April 09, 2025
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