in-20240515-IR-312240163FNA: PURPOSE OF NOTICE The Natural Resources Commission (commission) is soliciting public comment on the addition of rules at 312 IAC 1.5-5 through 312 IAC 1.5-10 regarding fees, fines, civil penalties, financial benefit limitations, or other payment amounts set by an agency otherwise qualifying as a rule charged by the division of: (1) forestry; (2) historic preservation and archeology; (3) land acquisition; (4) reclamation; (5) state parks; and (6) water; for the department of natural resources. The proposed rule repeals 312 IAC 17-1-11, 312 IAC 25-5-8, 312 IAC 25-7-15, 312 IAC 29-12-2, and 312 IAC 29-12-4. The commission solicits public comment on the citations listed and any other provisions of Title 312 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-163 Sec. 1. (a) The daily shooting fee at the Clark State Forest gun range is five dollars ($5) a day. (b) The fee for an annual permit to shoot at the Clark State Forest gun range is twenty-five dollars ($25) a year. Sec. 2. (a) The registration fee for tree steward training with the urban forestry section is thirty dollars ($30) an individual: (b) The registration fee for tree steward training with the urban forestry section is ten dollars ($10) an individual: (c) The registration fee for any other training or event offered by the urban forestry section is not more than two hundred dollars ($200) an individual. The department shall determine the fee under this subsection based on the following factors: Sec. 3. The fee for an individual not paying a fee for a campsite to use a dump station is ten dollars ($10) for each dump. Sec. 4. The fee for a state forest firewood cutting permit is: Sec. 5. (a) A person may request to use part of a state forest to access private property for: (b) The amount of a performance bond for a temporary land use permit is at least five hundred dollars ($500). The department shall determine the amount of the performance bond under this subsection based on the following factors: (c) If the work authorized by a temporary land use permit is finished, the bond is returned to the person. If the work authorized by the temporary land use permit is not finished, the bond may be reduced by the cost to the department to finish the work authorized by the temporary land use permit, or for the cost to remediate damage to the state forest. Sec. 1. The fee for: Sec. 2. (a) The fee for the first principal investigator in a qualified professional archeology firm for access to the state historic architectural and archeological research database (SHAARD) and structures map and geographic information system (GIS) map is one thousand dollars ($1,000) a year. (b) The fee for the second and additional principal investigator in a qualified professional archeology firm for access to the SHAARD and structures map and GIS map is five hundred dollars ($500) a year. (c) The fee for a principal investigator in a qualified professional nonprofit organization for archeological research for access to the SHAARD and structures map and GIS map is two hundred dollars ($200) a year. Sec. 1. (a) This section applies to: (b) The stream credit prices for mitigation are as follows: (c) The wetland credit prices for mitigation are as follows: Sec. 2. (a) The costs of compensatory mitigation to offset unavoidable impacts are based on the following ratios: (b) A standard minimum mitigation ratio under subsection (a) may be increased by at least one-half (1/2) if the area impacted is of high quality or largely undisturbed. (c) A standard minimum mitigation ratio under subsection (a) may be increased to: (d) A standard minimum mitigation ratio under subsection (a) may be increased by a factor of not more than two (2) if: (e) A standard minimum ratio under subsection (a) may be increased if a: Sec. 1. (a) The amount of a civil penalty charged under subsection (c) for a notice of violation is based on points assessed against a person holding a permit for a violation under subsection (b) and 312 IAC 25-7-14. (b) The department shall assess points to determine the amount of a civil penalty charged under subsection (c) for a notice of violation as follows: (c) The cost of a civil penalty for the points assessed for a notice of violation under subsection (b) are as follows: (d) The director of the division of reclamation shall assess a penalty of five thousand dollars ($5,000) under 312 IAC 25-7-13. Sec. 2. (a) The civil penalty for a cessation order is seven hundred fifty dollars ($750) a day for each violation. (b) A cessation order begins on the date the cessation order is received by the person holding a permit and ends not more than thirty (30) days after the cessation order is received. Sec. 3. (a) The bond for a permit to mine coal not covered by the surface coal mine reclamation bond pool under IC 14-34-8 is determined under the following formula: Sec. 4. (a) This section applies to civil penalties imposed by the department regarding oil and gas production. (b) The civil penalties for violating an administrative requirement are as follows: (c) The civil penalties for violating operating requirements are as follows: (d) The civil penalties for a significant violation likely to result in environmental damage are as follows: (e) The department shall consider the following mitigating factors when assessing a civil penalty under this section: Sec. 5. The department shall assess the well fee to be paid each year as follows: Sec. 6. (a) The application fee for a permit transfer is fifteen dollars ($15) an application for the first fifty (50) applications submitted simultaneously. (b) If an applicant submits more than fifty (50) applications for permit transfer simultaneously, the application fee is: Sec. 7. (a) Except as provided in subsection (b), the application fee for a permit for a well for oil and gas purposes is two hundred fifty dollars ($250) an application payable: (b) Except for a permit for a Class II or noncommercial well, a person may apply for expedited review of a permit application for a well for oil and gas purposes under subsection (a). The application fee under subsection (a) and expedited review of the application is seven hundred fifty dollars ($750). Sec. 8. The application fee for a permit to drill a test hole is one hundred dollars ($100) an application payable: Sec. 9. (a) The bond required under 312 IAC 29-12-3 is one (1) of the following: (b) The department shall not approve a surety bond under this section unless the surety bond is issued by a company holding an applicable certificate of authority from the department of insurance. A surety bond must be executed by: (c) The department shall gain possession and custody of collateral deposited by a person applying for a bond under this section until the person is released or replaced under 312 IAC 29-12. A certificate of deposit must be assigned in writing to the state and the assignment noted on the books of the federally insured financial institution issuing the certificate. Sec. 10. (a) A person shall pay royalties to the state for a lease with the state under 312 IAC 17-1. (b) The royalties a person shall pay under subsection (a) are: (c) The fee for a lease with the state under subsection (a) is one dollar ($1) an acre each year to be paid in advance of oil or gas production for the full term of the lease. Sec. 11. (a) Except for a federal or state agency, a person shall not commence drilling a test hole until the department approves a: (b) The name of the principal on the bond and of the operator must be identical. (c) An operator of the well shall maintain a bond approved under subsection (a) until the operator of the well plugs, abandons, and provides complete drilling information for each test hole included under the bond. The department shall release the bond under subsection (a) to the operator of the well after the operator complies with this subsection. (d) The department may not approve a surety bond unless the surety bond is issued by a company holding an applicable certificate of authority from the department of insurance. A surety bond must be executed by: (e) An operator of a well shall make a cash bond on a certified check delivered and made payable by the operator to the department. (f) A certificate of deposit must be assigned in writing to the state and the assignment noted on the books of the bank issuing the certificate. Sec. 1. (a) The fees to enter the Falls of the Ohio Museum are: (b) There is not a fee to enter the Falls of the Ohio Museum for an individual less than five (5) years of age. (c) The fee to park at the Falls of the Ohio Museum is two dollars ($2) a vehicle each day. Sec. 2. (a) The fee for an annual dog park pass at Fort Harrison State Park is seventy-five dollars ($75) a year. (b) The fee for a weekly dog park pass at Fort Harrison State Park is fifteen dollars ($15) for seven (7) days after the date of purchase. (c) The fee for a replacement annual dog park pass at Fort Harrison State Park is fifteen dollars ($15) for each replacement. Sec. 3. (a) A person applying to hold a fishing tournament at a property owned or managed by the department shall pay a refundable bond of one hundred fifty dollars ($150) for each property owned or managed by the department where the fishing tournament is to be held at the time the person files the application for the tournament. (b) The fee for an individual to participate in a fishing tournament is three dollars ($3) for each watercraft. Sec. 4. The fee for the shooting range at Brookville Lake is two dollars ($2) an individual each day. Sec. 5. (a) Except as otherwise provided in subsection (b), the fee for swimming at a state park pool or aquatic center is at least three dollars ($3) and not more than five dollars ($5) an individual each day. (b) The department shall determine the fee under subsection (a) based on the following factors: (c) The fee for swimming at the indoor aquatic center at the Abe Martin Lodge in Brown County State Park is twenty dollars ($20) an individual each day. Sec. 6. (a) The hourly fee to rent a toboggan at Pokagon State Park is twenty dollars ($20) an hour for each toboggan. (b) The fee under subsection (a) includes taxes. Sec. 7. (a) The fee for the Twin Caves Boat Tour at Spring Mill State Park is three dollars ($3) an individual. (b) The fees for the Little Wyandotte Cave Tour managed by O'Bannon Woods State Park are as follows: (c) The fees for the Big Wyandotte Cave Tour managed by O'Bannon Woods State Park are as follows: Sec. 8. The fee for a state parks firewood permit is ten dollars ($10) a load by pickup truck. Sec. 1. The application fee for construction in a floodway permit is two hundred dollars ($200) an application for one (1) project. Sec. 2. The application fee for construction in a floodway permit for: Sec. 3. (a) This subsection applies to the boundary river, which is the Ohio River. The application fee to place, replace, reconstruct, repair, or improve a residential structure in the boundary river floodway is ten dollars ($10) an application for one (1) project. (b) The application fee to replace, reconstruct, repair, or improve a residential structure in a floodway other than the boundary river is fifty dollars ($50) an application for one (1) project. Sec. 4. The application fee for a permit to: Sec. 5. The application fee for a sand and gravel permit is fifty dollars ($50) an application for one (1) project. Sec. 6. The application fee for a permit for activity to a ditch or drain located not more than one-half (1/2) mile from a public freshwater lake with an area of at least ten (10) acres is twenty-five dollars ($25) an application for one (1) project. Sec. 7. The application fee for construction of a channel permit is one hundred dollars ($100) an application for one (1) project. Sec. 8. The inspection fee for a significant hazard structure, performed by the department, is two hundred dollars ($200) an inspection. Sec. 9. The inspection fee for a low hazard structure, performed by the department, is one hundred dollars ($100) an inspection. Sec. 10. The application fee for a water well driller or pump installer license is one hundred dollars ($100) for each license application. Sec. 11. Unless a material is used for beach nourishment on Lake Michigan or taken to a landfill approved by the state, a person shall pay twenty-five cents ($0.25) a cubic yard of material to the department for the following extracted mineral resources: