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Indiana Natural Resources Commission

NRC > Lake Michigan & Other Navigable Waters > Indiana Boating Laws > Indiana Rules Indiana Rules

(130 IAC 3 and 4) Burns International Harbor [Port of Indiana]

(130 IAC 3-3-1) Applicability of boating laws

Federal maritime laws and regulations and Indiana boating laws and rules apply to the operation of vessels within a port area*.

(130 IAC 3-3-2) Regulation of water traffic

  1. Except as provided in subsection (b), and except as provided by federal and Indiana law, the port director may regulate all vessels within the port area*.
  2. The maximum speed for a vessel, regardless of its size, while the vessel is within a port area*, is five (5) miles per hour.

(130 IAC 3-3-3) Conditions of port entry

  1. Except as provided in subsection (b):
    1. an aircraft; or
    2. a vessel;
    may not enter a port without the permission of the port director or the port director's designee.
  2. An aircraft or a vessel may enter a port without the permission of the port director if access to the port is sought as a harbor of refuge.

(130 IAC 4-1-11) Fishing; swimming; boat launching

  1. No person shall fish in the port area between sunset and sunrise. Fishing is allowed only within the designated fishing area that is maintained and is under the jurisdiction of the department of natural resources and the commission.
  2. No person shall launch a boat or fish from a boat in the port area*.
  3. Swimming is prohibited in the port area*.

    * The "port area" is defined by 130 IAC 2-1-8 to include any water, land, platform, building, structure, dock, road, railroad, or other facility or operation located at the port.

(312 IAC 5-3) Boat Races, Water Ski Events, and Major Organized Boating Activities

312 IAC 5-3-1 Boat races, water ski events, and major organized boating activities; applicability

  1. This rule governs the conduct of any boat race, water ski event, and major organized boating activity.
  2. No person shall sponsor, conduct, participate, or compete in a boat race, water ski event, or major organized boating activity upon the public waters of this state, including ice, unless a license for a boat race, water ski event, or major organized boating activity is issued by the division under this rule.
  3. A license application must be made on a department form and delivered to the central office for the division. The application shall include a description of the proposed boat race or water ski event course, capable of being marked and fixed. An application that is not filed with the division at least sixty (60) days before the proposed race or event will be denied unless the requirements of this rule are satisfied pertaining to permit review by the division and notice to interested persons.

312 IAC 5-3-2 Site inspection by a conservation officer before license issuance

  1. Upon the receipt of a license application, a conservation officer shall inspect th areas that would be affected by the event.
  2. The conservation officer shall consider the following factors in reviewing the permit application:
    1. The density of water traffic on the public water.
    2. The physical characteristics of the public water.
    3. The proximity of the proposed event to land owned by a person other than the license applicant.
    4. The kinds of boats that would be involved.
    5. Any other factors that are appropriate to at least one (1) of the following:
      1. Preventing the existence of unusual conditions or hazards.
      2. Promoting scientific fish, wildlife, or botanical management.
      3. Assisting in the protection of users.
  3. A written report of the inspection shall be submitted by the conservation officer to the division director, together with recommendations for approval, disapproval, or the placement of conditions on the license.

312 IAC 5-3-3 Public notice before license issuance

  1. This section establishes notification requirements before a license is issued under this rule. Subsequent to the issuance of a license by the division, IC 4-21.5 applies.
  2. At least thirty (30) days before the division can issue a license, an applicant shall provide, at its expense, notice of the license application as follows:
    1. Once in one (1) newspaper of general circulation in the county or counties where the boat race, water ski event, or major organized boating activity will occur.
    2. In person, by certified mail with return receipt requested, or by first class mail with proof of mailing, to the following:
      1. Any person who provides the division with a written request to be notified if a boat race, water ski event, or major organized boating activity permit is requested. A request under this clause is valid during the year in which it is received for the waterway named in the request.
      2. If the affected area for the boat race, water ski event, or major organized boating activity is located on a public freshwater lake or Lake Michigan, to at least one (1) of the owners of each parcel of property reasonably known to be located within two hundred (200) feet of the course.
      3. If the affected area for the boat race, water ski event, or major organized boating activity is located within a municipality, to the municipality.
  3. A notice under this section shall do the following:
    1. Provide the name and address of the applicant.
    2. Specify that the license is sought under this rule and whether the license will authorize a boat race or a water ski event.
    3. Describe or illustrate the course of the event and when the event will occur.
    4. Include an explanation of the options available to the persons served. These options are as follows:
      1. File a petition with the central office of the division requesting an informal hearing that is signed by at least twenty-five (25) individuals who are at least eighteen (18) years old and who reside in the county where the event will occur. A hearing under this clause is governed by 312 IAC 2-3.
      2. Request the division to notify the person in writing when an initial determination is made to issue or deny the license. Following the receipt of notice under this clause, a person may request administrative review of the determination under 312 IAC 3-1.

312 IAC 5-3-4 General license conditions

  1. A license issued under this rule is subject to immediate suspension by a conservation officer if severe weather or other hazardous conditions threaten public safety.
  2. A license issued under this rule terminates on the earlier of the following:
    1. The termination date set forth in the license.
    2. One hundred eighty (180) days after issuance of the license.

(312 IAC 5-4) Navigation Aids

312 IAC 5-4-4 Buoys used as navigation aids; general requirements

  1. Except as provided in subsection (b), a buoy used as a navigation aid must be white with horizontal bands of international orange placed completely around the buoy circumference. One (1) band must be at the top of the buoy body, with a second band just above the waterline of the buoy so that both international orange bands are clearly visible to approaching vessels. The bands must be at least two (2) inches wide. The area of the buoy, which is visible between the two (2) bands, must be white and provide adequate space for the placement of geometric shapes. The buoy must be constructed of materials that are shatter-resistant and unsinkable within anticipated usage. The buoy must be anchored adequately to prevent movement by wind, current, and wave action.
  2. Lateral marks, safe water marks, isolated danger marks, and special marks shall, to the extent practicable, conform with 33 CFR 62.25 through 33 CFR 62.31. Sections 6 and 7 of this rule do not apply to this subsection.

312 IAC 5-4-5 Buoys used as navigation aids on Lake Michigan; construction standards

A buoy used as a navigation aid on Lake Michigan must conform to the following construction standards:

  1. The exterior diameter of the buoy is at least eight (8) inches.
  2. The buoy is constructed of materials that are shatter-resistant and unsinkable within anticipated usage.
  3. The buoy is anchored in a manner that is suitable for use on the waters of Lake Michigan.
  4. Letters and numbers are placed on the regulatory marker as follows:
    1. Solid black.
    2. To enable them to be clearly visible to an approaching or passing boat, but not less than three (3) inches high.
    3. In block style and well-proportioned.

312 IAC 5-4-6 Buoys used as navigation aids; geometric shapes and designations

  1. Geometric shapes must be placed on the white portion of the body of a buoy. The geometric shapes must be colored international orange. The authorized geometric shapes and meanings associated with them are as follows:
    1. A vertical, open-faced diamond shape means danger. This shape is illustrated as follows:
      vertical, open-faced diamond shape 
    2. A vertical, open-faced diamond shape with a cross centered in the diamond designates a zone which is excluded from usage by a boat or from some other designated purpose. This shape is illustrated as follows:
      vertical, open-faced diamond shape with a cross centered in the diamond 
    3. A circular shape designates a zone where a boat may be operated only if the operation complies with certain restrictions. This shape is illustrated as follows:
      circular shape 
    4. A square or rectangular shape means information or directions are provided. This shape is illustrated as follows:
      square or rectangular shape
  2. If a diamond or circular geometric shape associated with the meaning of the marker is included, the meaning must be centered on the sign. If a regulatory marker consists of a square or rectangular shaped sign displayed from a structure, the sign shall be white with an international orange border.

(312 IAC 5-5) Waste Disposal

312 IAC 5-5-1 Application

This rule governs the disposal or discharge of sewage, graywater, and other wastes from a boat that is located upon public water.

312 IAC 5-5-2 Sewage disposal from a boat

  1. Except as provided in subsection (c), a person must not keep, maintain, or operate upon public water a boat that is equipped with a water closet or toilet unless the water closet or toilet is equipped with a Type III marine sanitation device with the capacity to store wastes for subsequent disposal at:
    1. an approved shoreside facility or incinerator; or
    2. a treatment system approved by the Indiana department of environmental management according to rules adopted by the:
      1. solid waste management board; or
      2. water pollution control board.
  2. Except as provided in subsection (c), a person may not dispose of sewage accumulated in a Type III marine sanitation device or any other container on a boat in a manner that the sewage reaches or may reach public waters, except through a sewage disposal facility approved by the Indiana department of environmental management according to rules adopted by the:
    1. solid waste management board; or
    2. water pollution control board.
  3. A person who maintains or operates a boat, upon Lake Michigan or another waterway described in 40 CFR 140.3, that is equipped with a Type I marine sanitation device or a Type II marine sanitation, must comply with 33 CFR 159 and 40 CFR 140.
  4. The following definitions apply throughout this section:
    1. "Sewage" means human bodily wastes.
    2. "Type I marine sanitation device" has the meaning set forth at 40 CFR 140.3.
    3. "Type II marine sanitation device" has the meaning set forth at 40 CFR 140.3.
    4. "Type III marine sanitation device" has the meaning set forth at 40 CFR 140.3.

312 IAC 5-5-3 Litter and other waste disposal from a watercraft

  1. Except as provided in subsection (b), a person must not dispose of litter or other waste from a boat maintained or operated upon public water.
  2. A person who maintains or operates a boat upon Lake Michigan or another waterway described in 40 CFR 1700 must not violate 40 CFR 1700 in treatment or disposal of litter or other waste from a boat.
  3. The following definitions apply throughout this section:
    1. "Litter" includes the following:
      1. Bottles.
      2. Glass.
      3. Crockery.
      4. Cans.
      5. Scrap metal.
      6. Junk.
      7. Paper.
      8. Garbage.
      9. Rubbish.
      10. Plastic.
      11. Similar refuse.
    2. "Other waste" includes the following:
      1. Filth.
      2. A putrid substance.
      3. An unwholesome substance.
      4. Contents of a catch basin.
      5. Contents of a grease trap.
      6. Any other graywater.

(312 IAC 5-8) "No Boat" Zones on Lake Michigan

312 IAC 5-8-1 Boating restrictions on Lake Michigan and its navigable tributaries in Lake, Porter, and LaPorte Counties; applicability

  1. This rule establishes zones on Lake Michigan and its tributaries in Lake, Porter, and LaPorte Counties to govern the operation of watercraft for any of the following purposes:
    1. Addressing unusual conditions or hazards.
    2. Fish, wildlife, or botanical resource management.
    3. The protection of users.
  2. This rule may modify or supplement 312 IAC 6.
  3. In order to be effective, a zone established under this rule must be identified on-site by buoys placed under 312 IAC 5-4.

312 IAC 5-8-2 Lake County waters of Lake Michigan; boating restrictions

Sec. 2. A person must not operate a boat in the following Lake County zones on Lake Michigan:

  1. Near Hammond, adjacent to lands managed by the Hammond Department of Parks and Recreation, at the following locations:
    1. The site known as the Lake Front Beach with:
      1. the western boundary beginning at the Southern Electric Company breakwall and the Lake Michigan shoreline extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary beginning at a point one thousand two hundred (1,200) feet from the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
    2. The site known as the Hammond Marina Beach with:
      1. the western boundary beginning at a point two thousand four hundred (2,400) feet east of the Southern Electric breakwall and the Lake Michigan shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary at the Hammond Marina breakwall and the Lake Michigan shoreline extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline terminating at the lakeward-most points of the eastern boundary and the western boundary.
  2. Near Whiting, adjacent to the Whihala Beach County Park at the following locations:
    1. The site known as the West Swimming Beach with:
      1. the western boundary beginning at the intersection of the Whihala Beach County Park fishing pier and the Lake Michigan shoreline and extending lakeward and parallel to the fishing pier for two hundred (200) feet;
      2. the eastern boundary beginning at a point three hundred eighty (380) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
    2. The site known as the Pocket Beach with:
      1. the western boundary beginning at a point one thousand (1,000) feet east of the Whihala Beach County Park fishing pier and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary beginning at a point five hundred ten (510) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
    3. The site known as the East Swimming Beach with:
      1. the eastern boundary beginning at the intersection of the western breakwater of the boat launch facility at Whihala Beach County Park and the Lake Michigan shoreline and extending lakeward and parallel to the breakwater for two hundred (200) feet;
      2. the western boundary beginning at a point one thousand six hundred (1,600) feet west of the eastern boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
  3. Adjacent to East Chicago, at a site known as the Jeorse Park Beach Swimming Area with:
    1. the western boundary being formed by the breakwall of the Jeorse Park Beach front;
    2. the eastern boundary being formed by a north-south line aligned with the rock revetment located at the East Chicago corporation boundary; and
    3. the northern boundary being formed by a line running two hundred (200) feet from and parallel to the shoreline and terminating at the eastern boundary and the western boundary.
  4. Adjacent to Gary, as follows:
    1. At a site known as the Lake Street Swimming Area with:
      1. the western boundary beginning at the intersection of a line parallel to the eastern edge of the Lake Street parking lot and the Lake Michigan shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary beginning at a point seven hundred ninety-eight (798) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.
    2. At a site known as the Marquette Park Swimming Area with:
      1. the western boundary beginning at the intersection of a line parallel to the western edge of the Marquette Park main parking lot and the Lake Michigan shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary beginning at the intersection of the centerline of Montgomery Street and the Lake Michigan shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.

312 IAC 5-8-3 Porter County waters of Lake Michigan; boating restrictions

Sec. 3. A person must not operate a boat in the following Porter County zones on Lake Michigan:

  1. Near Gary and Ogden Dunes, at a site adjacent to the Indiana Dunes National Lakeshore known as the West Beach Swimming Area, with:
    1. the western boundary beginning at the intersection of the Lake-Porter County line and the shoreline and extending two hundred (200) feet lakeward along the county line;
    2. the eastern boundary beginning at the intersection of the Ogden Dunes pump house and the shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.
  2. Adjacent to Porter, at a site known as the Porter Beach Association Swimming Area, with:
    1. the western boundary beginning at the intersection of the centerline of Dearborn Street and the shoreline and extending lakeward and perpendicular to the shoreline for a distance of two hundred (200) feet;
    2. the eastern boundary beginning at the intersection of the western edge of State Street and the shoreline and extending perpendicular to the shoreline for two hundred (200) feet; and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.
  3. Adjacent to Porter, at a site known as the Porter Beach Swimming Area, with:
    1. the western boundary beginning at the intersection of the western edge of State Street and the shoreline and extending lakeward and perpendicular to the shoreline for a distance of two hundred (200) feet;
    2. the eastern boundary coextensive with the western boundary of the zone established in subdivision (4); and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.
      However, excluded from this zone is a boat channel, with its western boundary beginning at the intersection of the western edge of Wabash Street and the shoreline and extending entirely through the zone lakeward and perpendicular to the shoreline, and with its eastern boundary beginning at the intersection of the eastern edge of Wabash Street and the shoreline and extending lakeward and parallel to the western boundary of the boat channel.
  4. Adjacent to the Indiana Dunes State Park, at a site known as Indiana Dunes State Park Swimming Area, with:
    1. the western boundary beginning at the intersection of the western park boundary and the shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
    2. the eastern boundary beginning at a point one thousand eight hundred (1,800) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the western boundary and the eastern boundary.
  5. Near Beverly Shores, at a site adjacent to the Indiana Dunes National Lakeshore and known as the Kemil Beach Swimming Area, with:
    1. the western boundary at the eastern boundary of the Indiana Dunes State Park;
    2. the eastern boundary six hundred (600) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
  6. Near Beverly Shores, at a site adjacent to the Indiana Dunes National Lakeshore and known as the Central Avenue Beach Swimming Area, with:
    1. the western boundary beginning on the shoreline four hundred (400) feet west of the intersection of the centerline of Central Avenue and the shoreline and extending lakeward and perpendicular to the shoreline for two hundred (200) feet;
    2. the eastern boundary eight hundred (800) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
    3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.

312 IAC 5-8-4 LaPorte County waters of Lake Michigan and Trail Creek; boating restrictions

  1. A person must not operate a boat in the following LaPorte County zones on Lake Michigan:
    1. Adjacent to the Indiana Dunes National Lakeshore at a site known as the Mt. Baldy Beach Swimming Area, with:
      1. the western boundary beginning where the centerline of the north dune staircase would intersect the shoreline, if the staircase were extended due north, and extending lakeward from that point and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary three hundred (300) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
    2. Adjacent to Michigan City, at a site known as the Washington Park Swimming Area, with:
      1. the western boundary beginning where the eastern edge of the Washington Park parking lot would intersect the shoreline, if the parking lot were extended due north, and extending lakeward from that point and perpendicular to the shoreline for two hundred (200) feet;
      2. the eastern boundary beginning at a point four hundred forty (440) feet east of the western boundary and extending lakeward and perpendicular to the shoreline for two hundred (200) feet; and
      3. the northern boundary formed by a line running parallel to the shoreline and terminating at the lakeward-most points of the eastern boundary and the western boundary.
  2. A person shall not operate a boat at greater than idle speed in an unnamed channel that enters the east bank of Trail Creek approximately five hundred (500) feet upstream from the U.S. 12 bridge over Trail Creek in Michigan City.

(312 IAC 5-13) Special Equipment & Operational Standards on Lake Michigan

312 IAC 5-13-1 Modification of equipment and operational standards on waters of concurrent jurisdiction; applicability

Sec. 1. This rule varies the equipment and operational standards specified in IC 14-15 for waters of concurrent jurisdiction.

312 IAC 5-13-2 Requirement for Children Under 13 to Wear a Personal Flotation Device (Life Preserver) on Lake Michigan

Sec. 2. A person must not use a recreational boat on [Lake Michigan] unless each child onboard under thirteen (13) years of age is wearing an appropriate personal flotation device approved by the United States Coast Guard, except where:

  1. the child is below deck;
  2. the child is in an enclosed cabin; or
  3. the boat is docked or at anchor.

312 IAC 5-13-3 Firefighting equipment used on waters of concurrent jurisdiction

  1. A person must not use a motorboat less than twenty-six (26) feet long unless at least one (1) B-1 hand portable fire extinguisher (no fixed system) is maintained in the machinery space. This subsection does not apply if the motorboat is as follows:
    1. Propelled by outboard motors.
    2. Not carrying passengers for hire.
    3. Constructed so explosive or flammable gases or vapors cannot be entrapped.
  2. A person must not use a motorboat at least twenty-six (26) feet long, but less than forty (40) feet long, unless at least two (2) B-1 hand portable fire extinguishers (no fixed system) and one (1) B-1 hand portable fire extinguisher (fixed system) are maintained in the machinery space.
  3. A person must not use a motorboat at least forty (40) feet long, but less than sixty-five (65) feet long, unless at least three (3) B-1 hand portable fire extinguishers (no fixed system) and two (2) B-1 hand portable fire extinguishers (fixed system) are maintained in the machinery space.
  4. Where two (2) B-1 hand portable fire extinguishers are required under subsection (b) or (c), one (1) B-2 hand portable fire extinguisher may be substituted.

312 IAC 5-13-4 Whistles, bells, and gongs on waters of concurrent jurisdiction

  1. A boat less than twelve (12) meters long must be provided with a means for making an efficient sound signal.
  2. A boat at least twelve (12) meters long shall be provided with a whistle and a bell.
  3. A bell required under this section may be substituted by other equipment with the same sound characteristics if manual sounding is impracticable.

(312 IAC 6-4) Marinas* and Group Piers** on Navigable Waters (including Lake Michigan)

312 IAC 6-4-1 Applicability

  1. This rule establishes standards for the placement or maintenance of a pier, including a marina or a group pier, along or within the ordinary high watermark of a navigable waterway.
  2. This rule is administered by the division of water and the division of law enforcement of the department.

312 IAC 6-4-2 Individual licensure of marinas

  1. Except as provided in subsection (c), a person must not place a marina that is a permanent structure along or within the ordinary high watermark of a navigable waterway unless a written license is obtained from the department by which the person agrees to operate the marina under section 3 of this rule.
  2. A license issued under subsection (a) satisfies IC 14-29-1-8 and IC 14-15-7-3.
  3. A separate license is not required under this section if:
    1. a license is issued for a group pier under section 4 of this rule; and
    2. the person who seeks the license for the group pier agrees to satisfy the requirements for pumpout facilities in section 3 of this rule.

312 IAC 6-4-3 Sewage pumpout facilities for boats at a marina

  1. Except as provided in subsection (c), a person must not operate a marina unless the person does the following:
    1. Provides a pumpout that is:
      1. in good working order; and
      2. readily accessible to patrons of the marina.
    2. Secures and maintains one (1) of the following:
      1. A license under 327 IAC 3-2 for the construction and operation of a wastewater treatment facility or sanitary sewer.
      2. A license under 410 IAC 6-10 for the construction of a commercial on-site wastewater disposal facility.
      3. An alternative written approval for wastewater disposal from an authorized governmental agency.
  2. The department shall require compliance with subsection (a) as a condition for the issuance of a license under section 2 of this rule.
  3. A person may apply to the division of law enforcement for an exemption from this section. The exemption shall be granted, for a period not to exceed five (5) years, where the person demonstrates either of the following:
    1. The marina is designed to serve exclusively boats that are neither required nor likely to be equipped with a marine sanitation device.
    2. The operator of the marina has entered a binding agreement with another marina or similar facility along the waterway to provide pumpout services where the other marina or similar facility:
      1. maintains a lawful pumpout as described in subsection (a);
      2. is in proximity to the marina seeking the exemption so patrons to be served at a pumpout, which would otherwise be required at the exempted marina, would not be significantly inconvenienced; and
      3. has sufficient pumpout capacity and accessibility to effectively serve the patrons of both parties to the agreement.

312 IAC 6-4-4 Individual licensure of group piers

  1. A person must not place a group pier along or within the ordinary high watermark of a navigable waterway unless the person obtains a written license from the department under this section.
  2. The applicant must demonstrate exercise of the license would not do any of the following:
    1. Unreasonably impair the navigability of the waterway.
    2. Cause significant harm to the environment.
    3. Pose an unreasonable hazard to life or property.
    4. Violate the public trust.
    5. Interfere with the reasonable exercise of boating operations by the public.
    6. Interfere with the legal interests of a landowner having property rights abutting the lake or rights to access the lake.
  3. 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 following:
      1. The channel where boats are commonly operated in excess of ten (10) miles per hour.
      2. The 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 (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, that additional clearance is required for reasonable navigation. The department may approve an exception to this clause where:
        1. adjacent riparian owners use a common pier along their mutual property line; and
        2. the purposes of this clause are satisfied by waters elsewhere within their riparian zones.
    2. Do not result in unreasonable traffic congestion either:
      1. in the immediate vicinity of the pier; or
      2. to impair the carrying capacity of the navigable waterway where the department has determined the carrying capacity in an analysis that 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 between the ordinary high watermark and adjacent shallow waters.
    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 appropriations 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. 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.

312 IAC 6-4-5 General licensure for qualified piers

  1. The placement and maintenance of a pier is authorized without a written license issued by the department under IC 14-29-1 and this rule if the pier qualifies under this section.
  2. In order for a pier to qualify, the structure must satisfy each of the following:
    1. Not infringe on the access of an adjacent landowner to the navigable waterway.
    2. Not unduly restrict navigation.
    3. Not exceed the lesser of the following:
      1. One hundred (100) feet long.
      2. One-quarter (1/4) of the width of the waterway.
    4. Not be unusually wide or long relative to similar structures within the vicinity on the same navigable waterway.
    5. Not be a marina.
    6. Not be a group pier.
    7. Be placed by a riparian owner or with the written approval of a riparian owner.
  3. A pier placed along or within the ordinary high watermark of Lake Michigan must…comply with 312 IAC 11-7 or 312 IAC 11-8….

    * “Marina” is defined at 312 IAC 6-2-6 to mean a structure that:
    1. can service simultaneously at least five (5) boats; and
    2. provides, for a fee, one (1) or more of the following:
      1. Boat engine fuel.
      2. Boat repair.
      3. Boat sales or rental.

      ** “Group pier” is defined at 312 IAC 6-2-3.7 to mean a structure that provides docking space for any of the following:
      1. At least five (5) separate property owners.
      2. At least five (5) rental units.
      3. An association.
      4. A condominium, cooperative, or other form of horizontal property.
      5. A subdivision or an addition.
      6. A conservancy district.
      7. A campground.
      8. A mobile home park.
      9. A club that has, as a purpose, the use of public waters for any of the following:
        1. Boating.
        2. Fishing.
        3. Hunting.
        4. Trapping.
        5. Similar activities.