312 IAC 6-1-1 Application of article

Sec. 1. (a) This article governs an activity relative to a license, and an activity for which a license is required whether or not a permit is sought or held, under: (1) IC 14-19-1-1; (2) IC 14-29-1; (3) IC 14-29-3; (4) IC 14-29-4 (if IC 14-29-4-5(2) applies); or (5) another statute administered by the department as a result of a waterway being navigable. (b) In the absence of a contrary state boundary, the line of demarcation for a navigable waterway is the ordinary high watermark. If the water level on a navigable waterway is modified by a lawful control structure, the line of demarcation for purposes of licensure and enforcement is determined based upon the ordinary high watermark with the control structure in place. (c) A separate license is not required under this article and IC 14-29-1 for an activity permitted under: (1) IC 14-21-1; (2) IC 14-28-1; (3) IC 14-29-3; (4) IC 14-34; or (5) IC 14-37. (d) Compliance with this article satisfies the licensing requirements for the following: (1) IC 14-29-1. (2) IC 14-29-3. (3) IC 14-29-4 (if IC 14-29-4-5(2) applies). (e) Before issuing a license under: (1) IC 14-21-1; (2) IC 14-28-1; (3) IC 14-34; or (4) IC 14-37; the department shall apply the requirements of IC 14-29-1-8 and this article with respect to an activity within a navigable waterway. (f) Before issuing a license under this rule, the department shall consider the following: (1) The public trust. (2) The likely impact upon the applicant and other affected persons, including the accretion or erosion of sand or sediments. (g) A separate license is not required under IC 14-29-1-8 for an activity that is exempted from licensing by IC 14-29-1-8(e).