312 IAC 11-3-4 Common usage where needed to accommodate landowner property rights

Sec. 4. (a) This section applies where common usage is needed to accommodate the interests of landowners that have either: (1) property rights abutting a lake; or (2) rights to access the lake. (b) If the placement of multiple structures is found to result in interference to the property rights of a landowner, the department (or, on administrative review, the commission) may require licensure to be conditioned upon common use and maintenance of a structure. (c) Common use and maintenance may be implemented through any of the following persons: (1) A corporation. (2) A limited liability company. (3) A partnership. (4) An association. (5) A county, city, town, or township. (6) Another person providing for common ownership and determined by the department (or, on administrative review, by the commission) to be capable of serving the purposes of this section. (d) A person who refuses to participate in a process for common usage, established under this section, may be denied: (1) a license by the department; and (2) access to the common structure by the person identified under subsection (c).