312 IAC 10-5-12 Permit exemption for removing a tree from a floodway

Sec. 12. (a) This section establishes a permit exemption for removing a tree from a floodway by using hand operated equipment. A person shall: (1) own; or (2) obtain written permission from a person that owns; the parcel where a tree is to be removed to qualify for a permit exemption under this section. (b) A person may not conduct the following activities under a permit exemption under subsection (a): (1) Remove a tree along a dam or levee regulated under IC 14-27-7, IC 14-27-7.3, or IC 14-27-7.5. (2) Except for the exposed root ball of a tree that fell from a natural disaster or storm, remove or excavate the root ball of a tree by any method. (3) Use a material or fill to construct a temporary or permanent access road or stream crossing. (4) Excavate or stabilize a streambank. (5) Remove a tree from a known mitigation site. For information regarding mitigation sites, please contact the division of fish and wildlife. (6) Except for a tree that fell from a natural disaster or storm, cut a tree suitable for Indiana bat or northern long-eared bat roosting, that is at least three (3) inches in diameter and four and one-half (4 1/2) feet in height, and: (A) is living or dead; (B) has loose hanging bark; or (C) has cracks, crevices, or cavities; beginning April 1 and ending October 1. (7) Remove a tree that: (A) contains a bald eagle nest; or (B) is not more than six hundred sixty (660) feet from a bald eagle nest; without a permit from the United States Fish and Wildlife Service. (c) A person may conduct the following activities under a permit exemption under subsection (a): (1) Cut and remove a single, isolated tree that has fallen or washed into a river or stream channel without removing the root ball by excavation. (2) Cut a tree without removing the stump and root ball of the tree by excavation. (3) Cut and remove, or salvage, an uprooted tree from a natural disaster or storm, including the root ball of the tree, and fill the hole left by the uprooted tree to match the existing grade. (4) Cut a tree and grind the stump without removing the root ball by excavation, and fill the hole left by grinding the stump to match the existing grade. (d) A person conducting an activity under subsection (c) shall satisfy the following conditions: (1) Remove all cut trees and debris from the floodway. (2) Perform an authorized activity under this section in a way that minimizes: (A) erosion; and (B) depositing sediment into a stream. (3) Not later than fifteen (15) days after completing an activity under subsection (c), complete the following: (A) Revegetate a bare and disturbed area with a mixture of native grasses and legumes. (B) If necessary for erosion control and seed establishment, mulch a disturbed area with straw or wood fiber that is crimped or mixed with a tackifier or covered with a net-free or Leno woven erosion blanket. The following turf-type grasses may be used in a mowed area: (i) Low endophyte. (ii) Friendly endophyte. (iii) Endophyte free tall fescue. (C) Include a temporary seed mix of oats (Avena sativa) in the spring or cereal rye (Secale cereal) in the fall. (4) Conduct a construction activity in the waterway beginning April 1 and ending July 1 that does not exceed two (2) calendar days. (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.