in-20250226-IR-312240265FRA: DIGEST WATERCRAFT OPERATION AND PERMIT EXEMPTION AMENDMENTS

Final Rule LSA Document #24-265 DIGEST Sec. 2. (a) This section establishes restrictions on the operation of boats in a watercraft on Geist Reservoir in Hamilton County, Marion County, and Hancock County. (b) A person must An individual may not operate a boat watercraft at greater than idle speed in any of the following locations: (c) A person must An individual may not operate a boat watercraft within a rectangular area within the on Geist Reservoir three hundred (300) feet and parallel to the concrete crest of the dam spillway and extending one hundred (100) feet along the dam from the east and west abutments of the dam spillway. The overall dimensions of the zone created by under this subsection are three hundred (300) feet by seven hundred (700) feet. (d) No person shall An individual may not anchor a boat watercraft or tie a boat watercraft to another boat, watercraft, except to tow a boat, from one (1) point to another watercraft in a traveled portion of the reservoir so as to do either of the following: (e) An individual may not operate a motorized watercraft in the area known as the Geist Waterfront Park and beach cove at the closure line between the coordinates: Sec. 5. (a) An individual may not operate a watercraft at greater than idle speed on public waters, as defined by IC 14-8-2-226, while operating the watercraft at a distance not more than two hundred (200) feet from dredging equipment. (b) An individual who violates this section commits a Class C infraction under IC 14-15-7-3. Sec. 9. (a) This section establishes a general license without notice for the removal of permit exemption for removing creek rock from a nonnavigable waterway that is subject to IC 14-28-1 without notifying the department of natural resources (department). A person must: shall: (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 under subsection (a) without a written license under IC 14-28-1 and notifying the department if the person satisfies each of the following conditions: (c) The authorization for an activity conducted under this section does not waive permit requirements of other federal, state, and local governments. (d) Failure to comply with the conditions under subsection (b)(1) through (b)(7) may result in a revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a permit issued under IC 14-28-1. (c) (e) A navigable nonnavigable waterway is governed by 312 IAC 6. Sec. 12. (a) This section establishes a permit exemption for removing a tree from a floodway by using hand operated equipment. A person shall: (b) A person may not conduct the following activities under a permit exemption under subsection (a): (c) A person may conduct the following activities under a permit exemption under subsection (a): (d) A person conducting an activity under subsection (c) shall satisfy the following conditions: (e) A person conducting an activity under this section shall comply with the conditions set forth under subsection (d). Failure to comply with the conditions set forth under subsection (d) may result in the revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a license under IC 14-28-1 and, if the waterway is a navigable waterway, the violation of a license under IC 14-29-1. Sec. 13. (a) This section establishes a permit exemption with notice to the department of natural resources (department) to place streambank protection in a floodway. (b) Except as provided in subsection (c), a person may place streambank protection in a floodway with a permit exemption under subsection (a) to reconstruct, repair, and control or prevent erosion of the streambank using: (c) A person shall obtain a written license from the department to place streambank protection in a salmonid stream designated under 312 IAC 6.2-1-2(13), or in a natural, scenic, or recreational river or stream designated under 312 IAC 7-2, before beginning placement of the streambank protection. (d) A person that wishes to conduct streambank protection under this section shall file a written notice, in a form and manner prescribed by the department, with the division of water. The notice must include the following information: (e) Not later than twenty (20) calendar days, excluding Saturdays, Sundays, and legal holidays, after receiving a notice under subsection (d), the department shall respond as follows: (f) A permit exemption for streambank protection under this section expires not later than one hundred eighty (180) days after the person receives written approval of the permit exemption terms under subsection (e) from the department. (g) A person that places streambank protection under a permit exemption under subsection (a) shall comply with the following: