312 IAC 11-4-8 Group piers

Sec. 8. (a) A person must not place a group pier along or within the shoreline or water line of a public freshwater lake unless the person obtains a written license from the department under this section. (b) The applicant must demonstrate exercise of the license would not do any of the following: (1) Unreasonably impair the navigability of the public freshwater lake. (2) Pose an unreasonable hazard to life or property. (3) Violate the public rights described in IC 14-26-2-5. (4) Interfere with the reasonable exercise of boating operations by the public. (5) Interfere with the property interests of a landowner having property rights abutting the lake or rights to access the lake. (c) The department shall condition a license for a group pier so the placement, configuration, and maintenance of the pier as follows: (1) Provide a reasonable buffer zone between the pier and the: (A) portion of the lake two hundred (200) feet from the shoreline or water line; and (B) riparian zone of adjacent property owners to provide for reasonable navigation by the adjacent property owner and by the public. Except as otherwise provided in this clause, the department shall require at least five (5) feet of clearance on both sides of a riparian line (for a total of ten (10) feet). The department may require as much as ten (10) feet of clearance on both sides of a riparian line (for a total of twenty (20) feet) if, based upon the opinion of a qualified professional, additional clearance is required for reasonable navigation. The department may approve an exception to this clause where adjacent riparian owners use a common pier along their mutual property line, and the purposes of this clause are satisfied by waters elsewhere within their riparian zones. (2) Do not result in unreasonable traffic congestion either: (A) in the immediate vicinity of the pier; or (B) to impair the carrying capacity of the public freshwater lake where the department has determined the carrying capacity in an analysis which is published before the license application is filed. (3) Do not authorize structures that are likely to be hidden or obscured so as to pose a hazard to the public. (4) Minimize disturbances to vegetation and sediments in close proximity to the shoreline or water line. (5) Are unlikely to trap debris or redirect sediments or currents to cause erosion or sedimentation that is detrimental to navigation or to the property rights of other riparian owners. (6) Avoid causing or appearing to cause appropriation of public water unnecessary to the reasonable exercise of riparian rights. A pier must not extend more than one-half (1/2) the width of the applicant's shoreline or water line. As used in this subdivision, "width" is determined by the straight line formed between the points located at intersections of the applicant's property lines with the shoreline or water line.