312 IAC 6-5-9 Creek rock removal from a navigable waterway; general license

Sec. 9. (a) Except as provided in subsection (d), this section establishes a general license for the removal of creek rock from a navigable waterway that is subject to IC 14-28-1, IC 14-29-1, or IC 14-29-3. (b) To act under this section, a person must: (1) if creek rock is to be removed from a parcel located in the riparian zone of an adjacent property owner, either: (A) be a riparian owner for the parcel; or (B) have written permission from a riparian owner for the parcel; and (2) receive written permission from the department in the conduct of its responsibilities under IC 14-19-1-1(9). The permission under this subdivision is a proprietary function for the public trust and is not a licensure function. (c) Without a written license under IC 14-28-1, IC 14-29-1, or IC 14-29-3, and without notice to the department other than as anticipated by subsection (b)(2), a person may remove creek rock from the parcel, if the person satisfies each of the following conditions: (1) Not more than ten (10) cubic yards of creek rock is removed within one (1) calendar year from the parcel. (2) The creek rock is removed exclusively by the following methods: (A) Hand. (B) Hand tools. (3) The creek rock is removed between July 1 and March 31 of the following year. (4) The creek rock is removed only from sand bars and gravel bars within the waterway. The excavation of waterway banks does not qualify under this subdivision. (d) An individual license is required under IC 14-28-1 and this article for the removal of creek rock from Lake Michigan.