312 IAC 10 — ARTICLE 10. FLOOD PLAIN MANAGEMENT

TITLE 312 NATURAL RESOURCES COMMISSION

ARTICLE 10. FLOOD PLAIN MANAGEMENT

Rule 1

312 IAC 10-1-1 312 IAC 10-1-1 Purpose

Rule 1. Application

312 IAC 10-1-1 Purpose

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28

Sec. 1. This rule is prepared in response to the authorities and directives in IC 14-28-1, P.L.35-1993 (portions of which were subsequently codified at IC 14-28-2), and IC 14-28-3.

(Natural Resources Commission; 312 IAC 10-1-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3384, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-1-2 312 IAC 10-1-2 Scope

312 IAC 10-1-2 Scope

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 2. (a) This article establishes minimum standards for the delineation and regulation of flood plains to decrease existing flood damages, mitigate future flood damages, and promote the health, safety, and welfare of the people of Indiana.

(b) The article is written with an understanding of the legislative declaration that the loss of lives and property caused by floods and the damage resulting from floods is a matter of deep concern to Indiana affecting the life, health, and convenience of the people and the protection of property. Floodways should not be inhabited and should be kept free and clear of interference or obstructions that will cause any undue restriction of the capacity of the floodways. The water resources of Indiana that have been diminished should be accumulated, preserved, and protected to prevent any loss or waste beyond reasonable and necessary use.

(c) Except as provided in subsection (b), the flood plains subject to regulation are those along waterways having a drainage area of at least one (1) square mile.

(d) The exemption in subsection (c) does not apply to an activity that is subject to IC 14-27-7.5.

(e) A local ordinance incorporating flood plain management provisions adopted after July 1, 1974, and before January 1, 2000, must be no less effective than 310 IAC 6-1, before its repeal, and must be approved by the division before its effective date.

(f) A local ordinance incorporating flood plain management provisions adopted after December 31, 2001, must be no less effective than this article and must be approved by the division before its effective date.

(Natural Resources Commission; 312 IAC 10-1-2; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3384, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; errata filed Mar 11, 2021, 12:08 p.m.: 20210324-IR-312210114ACA; filed Nov 6, 2023, 10:32 a.m.: 20231206-IR-312230425FRA)

312 IAC 10-1-3 312 IAC 10-1-3 Rules supplemental to flood control law; local licenses

312 IAC 10-1-3 Rules supplemental to flood control law; local licenses

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3; IC 14-29-1

Sec. 3. This article assists with the implementation of IC 14-28-1, IC 14-28-3, and IC 14-29-1. Except as exempted in this article, a county or municipality must not authorize a structure, obstruction, deposit, or excavation within a floodway without the applicant first receiving a license from the department under IC 14-28-1.

(Natural Resources Commission; 312 IAC 10-1-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3384, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

Rule 2

312 IAC 10-2-1 312 IAC 10-2-1 Definitions applicable to the regulation of floodways and flood plains

Rule 2. Definitions

312 IAC 10-2-1 Definitions applicable to the regulation of floodways and flood plains

Authority: IC 14-10-2-4

Affected: IC 14-8; IC 14-28-1; IC 14-28-3

Sec. 1. The definitions in this rule apply throughout this article and are in addition to those set forth in IC 14-8, IC 14-28-1, and 312 IAC 1.

(Natural Resources Commission; 312 IAC 10-2-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3384, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-2 312 IAC 10-2-2 "Abode" defined

312 IAC 10-2-2 "Abode" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 2. "Abode" means a structure that is used or may be used primarily as a living quarters or residence and includes any of the following:

(1) House.

(2) Manufactured home.

(3) Hotel or motel.

(4) Hospital, nursing home, or dormitory.

(5) Similar structure which provides permanent or temporary overnight lodging.

(Natural Resources Commission; 312 IAC 10-2-2; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3384, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-3 312 IAC 10-2-3 "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" defined

312 IAC 10-2-3 "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-28-3

Sec. 3. "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" means an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the base condition. This definition does not, however, apply to any of the following:

(1) A dam regulated under IC 14-27-7 and IC 14-28-1.

(2) A flood control project authorized under IC 14-28-1-29.

(3) An area for which a flood easement is secured and recorded with the county recorder.

(Natural Resources Commission; 312 IAC 10-2-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-4 312 IAC 10-2-4 "Bank" defined

312 IAC 10-2-4 "Bank" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 4. "Bank" means the ground that borders or slopes upward from the bed of a waterway and that confines water to the channel during the normal course or flow.

(Natural Resources Commission; 312 IAC 10-2-4; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-5 312 IAC 10-2-5 "Base condition" defined

312 IAC 10-2-5 "Base condition" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 5. "Base condition" means the condition of the flood plain on January 1, 1973, but without any unauthorized dam or levee. If an activity after December 31, 1972, lowered the regulatory flood profile, the flood plain under the lower profile is the base condition.

(Natural Resources Commission; 312 IAC 10-2-5; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-6 312 IAC 10-2-6 "Bed" defined

312 IAC 10-2-6 "Bed" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 6. "Bed" means the surface rock or soil underlying a waterway.

(Natural Resources Commission; 312 IAC 10-2-6; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-7 312 IAC 10-2-7 "Best management practices" defined

312 IAC 10-2-7 "Best management practices" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 7. "Best management practices" means those practices best suited to specific site conditions that will control soil erosion and the nonpoint source pollution associated with sediment run-off. The Indiana Handbook for Erosion Control in Developing Areas (October 1992) may be used as a reference in developing an erosion and sediment control plan that is consistent with best management practices.

(Natural Resources Commission; 312 IAC 10-2-7; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-8 312 IAC 10-2-8 "Bridge" defined

312 IAC 10-2-8 "Bridge" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 8. "Bridge" means a structure placed over a waterway or other topographically depressed area that is designed to carry pedestrian, vehicular, or other traffic. The term includes a culvert or a ford.

(Natural Resources Commission; 312 IAC 10-2-8; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-9 312 IAC 10-2-9 "Building" defined

312 IAC 10-2-9 "Building" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 9. "Building" means each of the following:

(1) A walled and roofed permanent structure.

(2) A gas or liquid storage tank that is principally aboveground.

(3) An abode.

(Natural Resources Commission; 312 IAC 10-2-9; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-10 312 IAC 10-2-10 "Channel" defined

312 IAC 10-2-10 "Channel" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 10. "Channel" means both the natural and the artificial channel of a waterway.

(Natural Resources Commission; 312 IAC 10-2-10; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-11 312 IAC 10-2-11 "Closure mechanism" defined

312 IAC 10-2-11 "Closure mechanism" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 11. "Closure mechanism" means a manually or automatically operated device designed and placed to prevent reverse flow through the outfall project during a regulatory flood.

(Natural Resources Commission; 312 IAC 10-2-11; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-12 312 IAC 10-2-12 "Closure system" defined

312 IAC 10-2-12 "Closure system" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 12. "Closure system" means a device installed to prevent flow through a utility line in the event of a failure.

(Natural Resources Commission; 312 IAC 10-2-12; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-13 312 IAC 10-2-13 "Commission floodway" defined

312 IAC 10-2-13 "Commission floodway" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1-28; IC 14-28-3

Sec. 13. "Commission floodway" means a floodway designated and established under IC 14-28-1-28 and 312 IAC 10-3-4.

(Natural Resources Commission; 312 IAC 10-2-13; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-14 312 IAC 10-2-14 "Conservancy district act" defined

312 IAC 10-2-14 "Conservancy district act" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3; IC 14-33

Sec. 14. "Conservancy district act" refers to IC 14-33.

(Natural Resources Commission; 312 IAC 10-2-14; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-15 312 IAC 10-2-15 "Consolidated material" defined

312 IAC 10-2-15 "Consolidated material" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 15. "Consolidated material" means firm and coherent rock.

(Natural Resources Commission; 312 IAC 10-2-15; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-16 312 IAC 10-2-16 "County drainage code" defined

312 IAC 10-2-16 "County drainage code" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3; IC 36-9-27

Sec. 16. "County drainage code" refers to IC 36-9-27.

(Natural Resources Commission; 312 IAC 10-2-16; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-16.5 312 IAC 10-2-16.5 "Creek rock" defined

312 IAC 10-2-16.5 "Creek rock" defined

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1; IC 14-29-1

Sec. 16.5. "Creek rock" means each of the following located within a waterway:

(1) Sand.

(2) Gravel.

(3) Rock.

(4) Slab rock.

(Natural Resources Commission; 312 IAC 10-2-16.5; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-17 312 IAC 10-2-17 "Culvert" defined

312 IAC 10-2-17 "Culvert" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 17. "Culvert" means a closed conduit for the passage of run-off through an embankment.

(Natural Resources Commission; 312 IAC 10-2-17; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-18 312 IAC 10-2-18 "Cumulative effects" defined

312 IAC 10-2-18 "Cumulative effects" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 18. "Cumulative effects" means the impact that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what person undertakes the other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. Each of the following elements is considered when assessing the impact of cumulative effects within a floodway:

(1) Adverse effects on the efficiency of, or undue restrictions to the capacity of, the floodway.

(2) Unreasonable hazards to the safety of life or property.

(3) Unreasonable detrimental effects upon fish, wildlife, or botanical resources.

(Natural Resources Commission; 312 IAC 10-2-18; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-19 312 IAC 10-2-19 "Division" defined

312 IAC 10-2-19 "Division" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 19. "Division" means the division of water of the department.

(Natural Resources Commission; 312 IAC 10-2-19; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-20 312 IAC 10-2-20 "Drainage area" defined

312 IAC 10-2-20 "Drainage area" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 20. "Drainage area" means the total land area measured in a horizontal plane and enclosed by a topographic divide from which surface run-off from precipitation normally drains by gravity into a waterway above a specified location. The term includes an area that is ineffective due to karst topography, subsurface drains, or diversions.

(Natural Resources Commission; 312 IAC 10-2-20; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-21 312 IAC 10-2-21 "Effective waterway area" defined

312 IAC 10-2-21 "Effective waterway area" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 21. "Effective waterway area" means the unobstructed flow area (measured perpendicularly to flow) below the regulatory flood elevation.

(Natural Resources Commission; 312 IAC 10-2-21; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-22 312 IAC 10-2-22 "Flood control project" defined

312 IAC 10-2-22 "Flood control project" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-28-3

Sec. 22. "Flood control project" means a project approved or required to be approved under IC 14-28-1-29.

(Natural Resources Commission; 312 IAC 10-2-22; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-23 312 IAC 10-2-23 "Flood protection grade" defined

312 IAC 10-2-23 "Flood protection grade" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 23. "Flood protection grade" means the elevation two (2) feet above the regulatory flood measured according to:

(1) the elevation of the lowest floor of the building; or

(2) dry flood-proofing of a building other than an abode.

(Natural Resources Commission; 312 IAC 10-2-23; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-24 312 IAC 10-2-24 "Fringe" defined

312 IAC 10-2-24 "Fringe" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 24. "Fringe" means the portions of a flood plain lying outside the floodway.

(Natural Resources Commission; 312 IAC 10-2-24; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3386, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-24.5 312 IAC 10-2-24.5 "Hard mineral resources" defined

312 IAC 10-2-24.5 "Hard mineral resources" defined

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 24.5. "Hard mineral resources" means naturally occurring alluvial deposits of the following:

(1) Gold.

(2) Platinum.

(3) Silver.

(4) Lead.

(5) Copper.

(6) Diamonds and other gemstones.

(7) Other similar materials.

(Natural Resources Commission; 312 IAC 10-2-24.5; filed Nov 3, 2009, 3:35 p.m.: 20091202-IR-312090080FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-25 312 IAC 10-2-25 "Local ordinance" defined

312 IAC 10-2-25 "Local ordinance" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 25. "Local ordinance" means an ordinance that divides the area within the jurisdiction of a county or municipality into zones or districts to regulate, within the zones or districts, any of the following:

(1) The location, height, bulk, number of stories, and size of buildings or other structures.

(2) The percentage of lot occupancy.

(3) The requirement of open spaces.

(4) The density and distribution of populations.

(5) The uses of land and structures.

(Natural Resources Commission; 312 IAC 10-2-25; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-26 312 IAC 10-2-26 "Logjam" defined

312 IAC 10-2-26 "Logjam" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 26. "Logjam" means an accumulation of lodged trees, root wads, or other debris that impedes the ordinary flow of water through a waterway. The term does not include the development of sandbars, sedimentation, or accumulations of stone or gravel. Logjams are evidenced by a blockage that does any of the following:

(1) Traverses the waterway.

(2) Causes upstream ponding.

(3) Results in significant bank erosion.

(Natural Resources Commission; 312 IAC 10-2-26; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-27 312 IAC 10-2-27 "Low structure" defined

312 IAC 10-2-27 "Low structure" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 27. "Low structure" means either the lowest point of a bridge superstructure or the apex of an arch or pipe.

(Natural Resources Commission; 312 IAC 10-2-27; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-28 312 IAC 10-2-28 "Lowest floor" defined

312 IAC 10-2-28 "Lowest floor" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 28. "Lowest floor" means the lowest elevation described among the following:

(1) The lowest floor of a building.

(2) The basement floor.

(3) The garage floor, if the garage is connected to the building.

(4) The first floor of a building elevated on pilings or constructed on a crawl space.

(5) The floor level of an enclosure below an elevated building where the walls of the enclosure provide some resistance to the flow of flood water, unless both of the following requirements are satisfied:

(A) The walls are designed to automatically equalize hydrostatic flood forces by allowing for the entry and exit of flood water.

(B) At least two (2) openings are designed and maintained for the entry and exit of flood water, and these openings provide a total of at least one (1) square inch for every square foot of enclosed floor area subject to flooding. The bottom of an opening can be no more than one (1) foot above grade. Doorways and windows do not qualify as openings under this clause.

(6) The first floor of a building elevated on pilings or columns in a coastal high hazard area (as defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.

(Natural Resources Commission; 312 IAC 10-2-28; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; filed Nov 6, 2023, 10:32 a.m.: 20231206-IR-312230425FRA)

312 IAC 10-2-29 312 IAC 10-2-29 "Manufactured home" defined

312 IAC 10-2-29 "Manufactured home" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 29. "Manufactured home" means a structure, transportable in one (1) or more sections, that is built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. The term is generally synonymous with mobile home but does not include a recreational vehicle.

(Natural Resources Commission; 312 IAC 10-2-29; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-29.5 312 IAC 10-2-29.5 "Mass of wood debris" defined

312 IAC 10-2-29.5 "Mass of wood debris" defined

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 29.5. "Mass of wood debris" means an accumulation of lodged trees or other woody debris that is any of the following:

(1) Causing or threatening to cause flooding on a road or private property.

(2) Impeding navigation by a boat.

(3) Reducing the capacity of a waterway to transport water.

(Natural Resources Commission; 312 IAC 10-2-29.5; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-30 312 IAC 10-2-30 "Outfall project" defined

312 IAC 10-2-30 "Outfall project" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 30. "Outfall project" a project for an outfall structure or an outfall swale.

(Natural Resources Commission; 312 IAC 10-2-30; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-31 312 IAC 10-2-31 "Outfall structure" defined

312 IAC 10-2-31 "Outfall structure" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 31. "Outfall structure" means a closed conduit facility used for the transport and discharge of surface run-off or treated effluent to a waterway or swale. The facility includes all appurtenant channels, supply lines, energy dissipation, and erosion control systems. The term does not include a system where the delivery conduit is placed beneath the bed.

(Natural Resources Commission; 312 IAC 10-2-31; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-32 312 IAC 10-2-32 "Outfall swale" defined

312 IAC 10-2-32 "Outfall swale" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 32. "Outfall swale" means an excavated depression in the surficial topography used for the transport and discharge of surface run-off or treated effluent to a waterway. The depression includes all appurtenant channels, swales, and energy dissipation or erosion control systems.

(Natural Resources Commission; 312 IAC 10-2-32; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3387, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-33 312 IAC 10-2-33 "Project condition" defined

312 IAC 10-2-33 "Project condition" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 33. "Project condition" means the condition of a flood plain with existing structures, obstructions, deposits, excavations, and the project anticipated by the requested license.

(Natural Resources Commission; 312 IAC 10-2-33; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-33.3 312 IAC 10-2-33.3 "Prospecting" defined

312 IAC 10-2-33.3 "Prospecting" defined

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 33.3. "Prospecting" refers to activities conducted in preparation for or to remove hard mineral resources.

(Natural Resources Commission; 312 IAC 10-2-33.3; filed Nov 3, 2009, 3:35 p.m.: 20091202-IR-312090080FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-33.5 312 IAC 10-2-33.5 "Reconstruction" defined

312 IAC 10-2-33.5 "Reconstruction" defined

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1

Sec. 33.5. "Reconstruction", for the purposes of IC 14-28-1-20, IC 14-28-1-24, and IC 14-28-1-25, means an activity that rehabilitates or restores the structural elements of a building, including replacing floors or working on an element needed to support the structure. The term does not, however, include any of the following:

(1) Painting.

(2) Replacing floor coverings.

(3) Replacing doors.

(4) Replacing windows.

(5) Cleaning.

(6) Performing similar activities.

(Natural Resources Commission; 312 IAC 10-2-33.5; filed May 11, 2004, 9:00 a.m.: 27 IR 3065; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-34 312 IAC 10-2-34 "Recreational vehicle" defined

312 IAC 10-2-34 "Recreational vehicle" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 34. "Recreational vehicle" means a vehicle that is:

(1) built on a chassis;

(2) no more than four hundred (400) square feet measured at the largest horizontal projections;

(3) designed to be self-propelled or permanently towed by a light duty truck; and

(4) designed primarily as temporary living quarters for recreational, camping, travel, or seasonal use rather than as a permanent dwelling.

(Natural Resources Commission; 312 IAC 10-2-34; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-35 312 IAC 10-2-35 "Regulatory flood" defined

312 IAC 10-2-35 "Regulatory flood" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 35. "Regulatory flood" means a flood having a one percent (1%) probability of being equaled or exceeded in a year as calculated by a method and procedure that is approved by the commission. The regulatory flood is equivalent to the base flood or the 100-year frequency flood.

(Natural Resources Commission; 312 IAC 10-2-35; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-36 312 IAC 10-2-36 "Rural area for a construction or reconstruction project on a state or county highway bridge that crosses a stream having an upstream drainage area of fifty (50) square miles or less" defined

312 IAC 10-2-36 "Rural area for a construction or reconstruction project on a state or county highway bridge that crosses a stream having an upstream drainage area of fifty (50) square miles or less" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-28-1; IC 14-28-3; IC 36-7-4-205

Sec. 36. "Rural area for a construction or reconstruction project on a state or county highway bridge that crosses a stream having an upstream drainage area of fifty (50) square miles or less" means an area where:

(1) the flood protection grade of each residential, commercial, or industrial building impacted by the project is higher than the regulatory flood elevation under the project condition; and

(2) the area lies outside:

(A) the corporate boundaries of a consolidated city or an incorporated city or town; and

(B) the territorial authority for comprehensive planning established under IC 36-7-4-205(b).

(Natural Resources Commission; 312 IAC 10-2-36; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-37 312 IAC 10-2-37 "Superstructure" defined

312 IAC 10-2-37 "Superstructure" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 37. "Superstructure" means the structural portion of a bridge on which the travelway is constructed, including all elements resting on an abutment or a pier.

(Natural Resources Commission; 312 IAC 10-2-37; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-38 312 IAC 10-2-38 "Unconsolidated material" defined

312 IAC 10-2-38 "Unconsolidated material" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 38. "Unconsolidated material" means a sediment that is loosely arranged or stratified or whose particles are not cemented together.

(Natural Resources Commission; 312 IAC 10-2-38; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-39 312 IAC 10-2-39 "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" defined

312 IAC 10-2-39 "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 39. "Unreasonable detrimental effects upon fish, wildlife, or botanical resources" means damage to fish, wildlife, or botanical resources that is found likely to occur by the director based upon the opinion of a professional qualified to assess the damage and:

(1) creates a condition where recovery of the affected resources is not likely to occur within an acceptable period; and

(2) cannot be mitigated through the implementation of a mitigation plan approved by the director.

(Natural Resources Commission; 312 IAC 10-2-39; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-40 312 IAC 10-2-40 "Unreasonable hazard to the safety of life or property" defined

312 IAC 10-2-40 "Unreasonable hazard to the safety of life or property" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 40. "Unreasonable hazard to the safety of life or property" means a condition that is likely to:

(1) be caused by the design or construction of a project; and

(2) result during a regulatory flood in either:

(A) the loss of human life; or

(B) damage to public or private property to which the license applicant has neither ownership nor a flood easement.

(Natural Resources Commission; 312 IAC 10-2-40; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3388, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-41 312 IAC 10-2-41 "Utility line" defined

312 IAC 10-2-41 "Utility line" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 41. "Utility line" means the following:

(1) A pipe or pipeline for the transportation of a gaseous, liquid, liquefiable, or slurry substance.

(2) A cable line, wire, or fiber for the transmission of electricity, telephone, telegraph, radio, television, or similar energy or media.

(Natural Resources Commission; 312 IAC 10-2-41; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-42 312 IAC 10-2-42 "Utility line crossing" defined

312 IAC 10-2-42 "Utility line crossing" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 42. "Utility line crossing" means the utility crosses the waterway in a straight line at an angle of between forty-five (45) degrees and one hundred thirty-five (135) degrees from the streambank and does not parallel the waterway for more than fifty (50) feet in the floodway before crossing unless the parallel portion of the line is contained within existing road right-of-way.

(Natural Resources Commission; 312 IAC 10-2-42; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-43 312 IAC 10-2-43 "Utility project area" defined

312 IAC 10-2-43 "Utility project area" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 43. "Utility project area" means the area within a floodway that is affected by the placement of a utility line.

(Natural Resources Commission; 312 IAC 10-2-43; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-44 312 IAC 10-2-44 "Wetland" defined

312 IAC 10-2-44 "Wetland" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 44. "Wetland" means a transitional area between a terrestrial and deep water habitat (but not necessarily adjacent to a deep water habitat) where at most times the area is either covered by shallow water or the water table is at or near the surface and under normal circumstances any of the following conditions are met:

(1) The area predominantly supports hydrophytes, at least periodically, or the substrate is predominantly undrained hydric soil, for example, peat or muck.

(2) The substrate is not a soil but is instead saturated with water or covered by shallow water some time during the growing season, for example, marl beaches or sand bars.

(Natural Resources Commission; 312 IAC 10-2-44; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-2-45 312 IAC 10-2-45 "Wetland restoration measure" defined

312 IAC 10-2-45 "Wetland restoration measure" defined

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3

Sec. 45. "Wetland restoration measure" means a practice or combination of practices to restore a degraded or filled wetland. The conversion of an unaltered wetland to another aquatic use is not included within the definition.

(Natural Resources Commission; 312 IAC 10-2-45; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

Rule 3

312 IAC 10-3-1 312 IAC 10-3-1 Flood plains, floodways, and fringes; local ordinances

Rule 3. Flood Plain Delineations and Management

312 IAC 10-3-1 Flood plains, floodways, and fringes; local ordinances

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 1. (a) A county or municipality that administers IC 14-28-3 must adopt an ordinance to implement this rule for areas within:

(1) the floodway and the fringe; or

(2) for an area where the floodway and the fringe are not separately identified, the flood plain.

(b) For an area where only the flood plain is identified in the ordinance, an application for a local permit must be reviewed by the department to determine if a license is required under IC 14-28-1.

(c) The department may, upon its own initiative, or, upon petition from a local unit, determine and delineate on suitable maps, the boundaries of the flood plain, floodway, or fringe within the jurisdiction of the local unit. In cases of determination and delineation by others, those determinations and delineations will be subject to review and approval by the department.

(d) A flood plain, floodway, and fringe exist for each waterway even if an area is not delineated on a map.

(Natural Resources Commission; 312 IAC 10-3-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; errata filed Jan 9, 2002, 1:24 p.m.: 25 IR 1644; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-2 312 IAC 10-3-2 Designation of flood plains, floodways, and fringes by the Federal Emergency Management Agency

312 IAC 10-3-2 Designation of flood plains, floodways, and fringes by the Federal Emergency Management Agency

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 2. Where a flood plain (or a floodway and fringe) is designated by the Federal Emergency Management Agency for a flood insurance study under 44 CFR 60.3, the flood plain (or floodway and fringe) also applies to this article.

(Natural Resources Commission; 312 IAC 10-3-2; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-3 312 IAC 10-3-3 Delineation of flood plains and floodways in the absence of a Federal Emergency Management Agency designation

312 IAC 10-3-3 Delineation of flood plains and floodways in the absence of a Federal Emergency Management Agency designation

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 3. (a) This section governs the delineation of a flood plain (or a floodway and fringe) by the department where section 2 of this rule does not apply. The delineation referenced in this section may be performed by:

(1) the department; or

(2) another person subject to review and approval by the department.

(b) The magnitude of the peak discharge of the regulatory flood of a waterway is established. Using this discharge, the regulatory flood profile is determined. The extent of a flood plain (or a floodway and fringe) is delineated using appropriate elevations from the regulatory flood profile and the best available maps.

(c) The peak discharge of the regulatory flood shall be established using standard engineering and statistical techniques acceptable to the commission.

(d) The profile for a regulatory flood is determined using standard engineering techniques acceptable to the commission. A determination shall start a sufficient distance downstream from the area of interest in order to ensure reasonable accuracy. A bridge is assumed to remain open and free of debris and ice unless local conditions indicate otherwise. Where possible, the profile for a regulatory flood is correlated with known high watermarks.

(e) The extent of a flood hazard area is delineated on the best available maps. Supplemental information from field surveys are used as needed to locate the boundaries of a flood plain.

(f) If there is a need to delineate flood plain and detailed engineering information is not available, a flood plain may be delineated on a temporary basis using other available information or methods acceptable to the commission.

(Natural Resources Commission; 312 IAC 10-3-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3390, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-4 312 IAC 10-3-4 Delineation of a commission floodway under IC 14-28-1-28

312 IAC 10-3-4 Delineation of a commission floodway under IC 14-28-1-28

Authority: IC 14-28-1-5

Affected: IC 4-21.5-3-8; IC 5-3-1-6; IC 14-11-4; IC 14-28-1-28

Sec. 4. (a) This section establishes the criteria and procedures for seeking authorization for a commission floodway under IC 14-28-1-28.

(b) A commission floodway is an alternative to the processes used to designate a floodway under section 2 or 3 of this rule.

(c) A person seeking to use this section shall make an application for approval of a commission floodway on a departmental form delivered to the division. Before being deemed complete, the application shall establish the following:

(1) The boundary of the commission floodway must not exclude an area that would otherwise be designated as a floodway under IC 14-28-1 and this rule unless each of the following is satisfied:

(A) With respect to any fill or structures within the excluded area, one (1) of the following must be demonstrated:

(i) A license under 312 IAC 10-4 or a general license under 312 IAC 10-5 has been issued or will be issued contingent upon establishment of the commission floodway.

(ii) Placement was done prior to the effective date of the statute requiring that a permit be obtained.

(B) Fill raises all portions of the excluded area at least two (2) feet above the elevation of the regulatory flood.

(i) Compliance with any licensing requirements under this article.

(ii) All portions of the excluded area are raised at least two (2) feet above the regulatory flood.

(2) Specifications to demonstrate areas within the commission floodway will be adequately protected to minimize the possibility of erosion.

(3) A description of the boundaries of the commission floodway certified by a surveyor.

(4) An emergency evacuation plan approved by the department of homeland security office of emergency management with respect to any abode.

(5) Construction resulting from development of the commission floodway will not do any of the following:

(A) Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway.

(B) Constitute an unreasonable hazard to the safety of life or property.

(6) Notice of the proposed commission floodway served upon adjacent property owners as anticipated by IC 14-11-4 and 312 IAC 2-3.

(7) Notice of the proposed commission floodway published at least two (2) times, seven (7) days apart, as follows:

(A) In two (2) daily newspapers in Indianapolis as provided in IC 5-3-1-6.

(B) In newspapers in the counties where all or part of the commission floodway is to be established as provided in IC 5-3-1-6.

(d) After the department has completed its review and analysis of the application, the deputy director for the bureau of water and resource regulation shall issue an order granting, denying, or conditioning the authorization for a commission floodway. The department may require as a condition of the order that an easement or similar encumbrance be placed in the record of title for the area covered by the commission floodway to ensure compliance with its terms, including conditions that must be met before an abode may be placed on the site pursuant to subsection (c)(4). Copies of the order, together with a statement of how administrative review of the order may be sought from the commission, shall be served upon the following:

(1) Each person served by the applicant pursuant to subsection (c)(6).

(2) Any person who has requested to be notified of the application pursuant to IC 4-21.5-3-8.

(3) The board of county commissioners or other county executive in any county where the commission floodway is located.

(4) The Federal Emergency Management Agency.

(e) The authorization of a commission floodway shall be effective upon the latest of the following occurrences:

(1) If no request for administrative review is filed in a timely fashion, the latter of the following:

(A) Eighteen (18) days after the final service made under subsection (d)(1) through (d)(3).

(B) Seven (7) days after the final newspaper publication under subsection (d)(4).

(2) If a request for administrative review is filed in a timely fashion, upon completion of the adjudication.

(3) The recordation of an easement or similar encumbrance as described in subsection (d).

(4) Written approval by the Federal Emergency Management Agency.

(Natural Resources Commission; 312 IAC 10-3-4; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3390, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)

312 IAC 10-3-5 312 IAC 10-3-5 Flood plain land uses

312 IAC 10-3-5 Flood plain land uses

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1-20; IC 14-28-3; IC 25-4-1; IC 25-31-1

Sec. 5. A building with a floor area greater than four hundred (400) square feet must not be constructed in a flood plain unless the building satisfies the following requirements:

(1) The building is protected to the flood protection grade by either of the following methods:

(A) The lowest level of the building is at or higher than the flood protection grade.

(B) For a building other than an abode, the building and its utility and sanitary facilities are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. The design and construction of the building must be certified by a professional engineer registered under IC 25-31-1, or an architect registered under IC 25-4-1, as being adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces associated with a regulatory flood.

(2) The building does not otherwise violate this article or IC 14-28-1-20(1).

(Natural Resources Commission; 312 IAC 10-3-5; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-6 312 IAC 10-3-6 Local approval of activities within a floodway

312 IAC 10-3-6 Local approval of activities within a floodway

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 6. (a) A county or municipality shall not authorize:

(1) a structure;

(2) an obstruction;

(3) a deposit; or

(4) an excavation;

in a floodway until a license is issued by the department under IC 14-28-1.

(b) A county or municipality may place terms and conditions on a local license issued for a site in a floodway. The terms and conditions must not be less restrictive than those required by the department under this article.

(d) Where a floodway is not separately delineated, a county or municipality shall refer a license application for work in a flood plain to the department for advice and recommendations.

(Natural Resources Commission; 312 IAC 10-3-6; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, eff Jan 1, 2002; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-7 312 IAC 10-3-7 Temporary licenses for recreational vehicles

312 IAC 10-3-7 Temporary licenses for recreational vehicles

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 7. Notwithstanding section 6(a) of this rule, a local ordinance may authorize a license for the placement of a recreational vehicle in the floodway or the fringe if the recreational vehicle is required to be both of the following:

(1) On the site for fewer than one hundred eighty (180) consecutive days.

(2) Fully licensed and ready for use on a public highway.

(Natural Resources Commission; 312 IAC 10-3-7; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-3-8 312 IAC 10-3-8 Nonconforming uses in the flood plain

312 IAC 10-3-8 Nonconforming uses in the flood plain

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 8. (a) A local ordinance incorporating flood plain management provisions adopted after July 1, 1974, shall provide for a use within a flood plain that does not conform with this rule.

(b) A person must not construct an addition to a building in a floodway if the addition, in combination with all other additions to the building that have been constructed since the building was originally built, would increase the market value of the building to an amount more than fifty percent (50%) greater than either of the following:

(1) The market value of the building if no additions have been constructed since the building was originally built.

(2) The approximate value of the building would have (in the form in which it was originally built) if at least one (1) addition has already been constructed.

(c) A building that is damaged by flood, fire, explosion, act of God, or the public enemy may be restored to its original dimensions and condition, if the cost of the repairs is less than fifty percent (50%) of the market value of the building before the damage occurred. A building damaged in excess of fifty percent (50%) of its market value is governed by section 5 of this rule.

(d) For purposes of this section, the market value of an abode does not include the value of the land on which the building is built.

(e) Ordinary maintenance and repairs to a building are exempted from the evaluations and calculations described in this section.

(Natural Resources Commission; 312 IAC 10-3-8; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

Rule 4

312 IAC 10-4-1 312 IAC 10-4-1 License requirement for construction in a floodway

Rule 4. Floodway Licensing

312 IAC 10-4-1 License requirement for construction in a floodway

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 1. (a) Except as otherwise provided in IC 14-28-1 or this article, a license from the department is required to erect, make, use, maintain, suffer, or permit a structure, obstruction, deposit, or excavation in or on a floodway.

(b) Notwithstanding subsection (a), a person must not erect an abode in a floodway, except as authorized under IC 14-28-1-24, IC 14-28-1-25, and IC 14-28-1-26.5.

(Natural Resources Commission; 312 IAC 10-4-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3392, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-4-2 312 IAC 10-4-2 Categorical floodway licensing exemptions

312 IAC 10-4-2 Categorical floodway licensing exemptions

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3

Sec. 2. Development and maintenance of the following activities are exempted from IC 14-28-1 and this article unless the activities involve the placement of a structure, obstruction, deposit, or excavation:

(1) Crops.

(2) Pastures.

(3) Forests.

(4) Park and recreational uses.

(Natural Resources Commission; 312 IAC 10-4-2; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3392, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-4-3 312 IAC 10-4-3 Additions to lawful abodes in the floodway

312 IAC 10-4-3 Additions to lawful abodes in the floodway

Authority: IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1; IC 14-28-3; IC 25-4-1; IC 25-31-1

Sec. 3. (a) A person must not erect, use, or maintain in or on any floodway a permanent structure for use as an abode, except for an abode constructed before January 1, 1973. For purposes of this section, "constructed" means completed for use as an abode.

(b) A person may make an addition to an abode constructed before January 1, 1973, if the addition would not increase the market value of the abode, excluding the value of the land, by more than fifty percent (50%) of:

(1) the market value of the abode if no addition was made since the abode was initially constructed; or

(2) the approximate market value the abode would have in the form in which it was originally constructed if the abode has at least one (1) prior addition.

(c) Where the application is made under subsection (b), the application must be accompanied by the following documentation:

(1) An appraisal by an appraiser who has an acceptable designation as follows, conforming with the requirements for appraisal reports, which establishes the value of the abode or place of residence before and after the proposed addition, excluding the value of the land:

(A) Acceptable designations of appraisers are any of the following:

(i) Member of the American Institute of Real Estate Appraisers (MAI).

(ii) Residential member of the American Institute of Real Estate Appraisers (RM).

(iii) Senior real estate analyst of the Society of Real Estate Appraisers (SREA).

(iv) Senior residential appraiser of the Society of Real Estate Appraisers (SRA).

(v) Senior real property appraiser of the Society of Real Estate Appraiser (SRPA).

(vi) Senior member of the American Society of Appraisers (ASA).

(vii) Accredited rural appraiser of the American Society of Farm Managers and Rural Appraisers (ARA).

(viii) Accredited appraiser of the Manufactured Housing Appraiser Society.

(B) Requirements for appraisal reports are the following:

(i) Identification of the property to include the location, legal description, and owner or occupant.

(ii) Neighborhood analysis, including land use, price range, and age of structures in the area, changing conditions, and all relevant information pertaining to value of structures in the area.

(iii) Description of the site, including the dimensions, site area, zoning classification, and compliance of present structure, highest and best use, real estate taxes, assessments utilities, description of site improvements, and easements.

(iv) Description of structural improvements, interior and exterior, considering depreciation, general market conditions, and additional features.

(v) Cost approach to value of present structure and proposed addition, with computative data based on an appraisal guideline in common usage among appraisers.

(vi) Market or sales comparison analysis, including adequate descriptions of three (3) recent comparable sales having the same highest and best use as the subject, weighted and analyzed in relation to the subject property, with adjustments not exceeding thirty percent (30%).

(vii) Reconciliation, including a summary:

(AA) of pertinent data of particular approaches and the appraiser's final conclusion, which conclusion cannot be based on an average; and

(BB) explaining strengths and weaknesses of each approach.

(viii) Certification by the appraiser that:

(AA) the property was personally inspected;

(BB) facts and data are true and correct;

(CC) the appraised value represents the appraiser's best judgment;

(DD) the appraiser has no interest in the property; and

(EE) an opinion of the estimated fair market value of the property, excluding the value of the land, established under subsection (b) and at the completion of the proposed addition.

(ix) Percentage of increase in value that the proposed addition will make in the property, excluding the value of the land.

(x) Photographs of the property and comparable sales.

(xi) Verification by appraiser as to when the original structure was built and, if there have been additions made to the original structure, the date of these additions (appraiser must give source of this information and copies of the source material).

(xii) Designation of appraiser.

(2) Construction plans and specifications must:

(A) consider the effects of buoyance, dynamic, and erosive factors;

(B) be constructed with materials resistant to flood damage;

(D) be certified by a:

(i) professional engineer registered under IC 25-31-1; or

(ii) an architect registered under IC 25-4-1.

(3) Additions shall be designated and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads associated with the regulatory flood.

(d) Certification by a professional engineer registered under IC 25-31-1 or an architect registered under IC 25-4-1, that the proposed addition was built to the design criteria in subsection (c)(3), shall be submitted to the department, division of water, prior to the occupancy of the addition.

(e) A structure not used as an abode on January 1, 1973, does not qualify for a license under IC 14-28-1 and this article.

(Natural Resources Commission; 312 IAC 10-4-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3392, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-4-4 312 IAC 10-4-4 Flood easements

312 IAC 10-4-4 Flood easements

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-3-2

Affected: IC 14-28-1-29

Sec. 4. If a license application includes the creation of a flood easement, the applicant must demonstrate to the satisfaction of the department the project:

(1) will not constitute an unreasonable hazard to the safety of life or property;

(2) is not unreasonably detrimental to fish, wildlife, or botanical resources; and

(3) is either:

(A) a dam;

(B) a flood control project under IC 14-28-1-29; or

(Natural Resources Commission: 312 IAC 10-4-4; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3393, eff Jan 1, 2002; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-4-5 312 IAC 10-4-5 Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream

312 IAC 10-4-5 Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 5. (a) If the department issues a license under this section, a person may remove a logjam or wood debris from a waterway included in the Indiana natural, scenic, and recreational river system under 312 IAC 7-2.

(b) A person issued a license under this section must comply with these conditions:

(1) Limit activities to the use of an excavator, small tractor, or similar equipment.

(2) Remove a logjam or mass of wood debris only from July 1 through March 31 of the following year, unless the logjam or wood debris is deposited as a result of a flood for which the governor has declared a disaster.

(3) Use an access road that would not:

(A) destroy more than one-half (1/2) acre of trees within a floodway;

(B) traverse a wetland indicated on the national wetlands inventory map, unless pads are used;

(D) cross a waterway.

(4) Obtain access exclusively from one (1) side of a waterway.

(5) Install appropriate sediment control measures to prevent the flow of sediment-laden water back into the waterway.

(6) Revegetate all bare and disturbed areas with a mixture of grasses and legumes within fifteen (15) days of completion of work. Tall fescue must not be used under this subsection, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes. If the season is not conducive to revegetation, a site must be covered with appropriate erosion control blankets to stabilize the shoreline.

(1) a species listed in the "Roster of Indiana Animals, Insects, and Plants that are Extirpated, Endangered, Threatened, or Rare (also described as Special Concern)", Information Bulletin #2 published in the Indiana Register at DIN: 20220202-IR-312220017NRA; or

(2) a known mussel resource.

(Natural Resources Commission; 312 IAC 10-4-5; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; errata filed Mar 11, 2021, 12:08 p.m.: 20210324-IR-312210114ACA; errata filed Oct 31, 2022, 2:45 p.m.: 20221109-IR-312220334ACA)

Rule 5

312 IAC 10-5-0.3 312 IAC 10-5-0.3 Determining project eligibility for a general license; general criteria

Rule 5. General Licenses and Specific Exemptions from Floodway Licensing

312 IAC 10-5-0.3 Determining project eligibility for a general license; general criteria

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 0.3. (a) Except as provided in subsection (b), a project for a utility line crossing or the placement of outfall projects within a floodway is eligible for a general license if the project satisfies the requirements of this rule. For the removal of logjams and obstructions, these requirements include the procedures established by section 6 of this rule and by IC 14-28-1-22.

(b) Subsection (a) does not authorize a project in any of the following circumstances:

(1) Within a river or stream listed in the Indiana Register at 16 IR 1677 in the Outstanding Rivers List for Indiana unless prior written approval from the division of fish and wildlife's environmental unit has been obtained.

(2) Within a salmonid stream designated under 327 IAC 2-1.5-5(a)(3).

(3) Within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2.

(4) For a utility line crossing, below the ordinary high watermark of a navigable waterway listed in the Indiana Register at DIN: 20211020-IR-312210433NRA in the Roster of Indiana Waterways Declared Navigable or Nonnavigable, unless the utility line is placed beneath the bed of the waterway under section 4(b) of this rule.

(5) If the project requires an individual permit from the United States Army Corps of Engineers under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act.

(Natural Resources Commission; 312 IAC 10-5-0.3; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3875; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; errata filed Oct 31, 2022, 2:45 p.m.: 20221109-IR-312220334ACA)

312 IAC 10-5-0.6 312 IAC 10-5-0.6 Relief from general criteria for determining project eligibility for a general license (Repealed)

312 IAC 10-5-0.6 Relief from general criteria for determining project eligibility for a general license (Repealed)

(Repealed by Natural Resources Commission; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA)

312 IAC 10-5-1 312 IAC 10-5-1 Wetland restoration measures

312 IAC 10-5-1 Wetland restoration measures

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 4-21.5; IC 14-28-1; IC 14-29-1-8

Sec. 1. (a) This section governs the placement of a wetland restoration measure in or on a floodway.

(b) Except as provided in this section, a license is required under IC 14-28-1, IC 14-29-1, and 312 IAC 10-3 to place a wetland restoration measure in or on a floodway.

(c) The placement of a wetland restoration measure is exempted from IC 14-28-1, IC 14-29-1, and 312 IAC 10-3 if the person placing the wetland restoration measure does or establishes the following:

(1) Provide written notification sufficient for the department to determine if the proposed activity conforms with this subsection. The department shall, within ten (10) days (excluding Saturdays, Sundays, and legal holidays) of the receipt of the notice, raise any objection to the placement of the restoration measure as proposed. If the department raises no objection, the proposed activity is deemed qualified for the exemption. If an objection is raised, the person shall do one (1) of the following:

(A) Modify the activity to satisfy the concerns raised in the objection and provide the department with another notification under this subdivision.

(B) File a permit application under subsection (b) for the placement of the wetland restoration measure.

(D) Withdraw the notification and abandon the project.

(2) The design, construction, and maintenance of the measure will not, considering its individual and cumulative effects, do any of the following:

(A) Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway.

(B) Constitute an unreasonable hazard to the safety of life or property.

(D) For a navigable waterway, be contrary to IC 14-29-1-8(c) or 312 IAC 6.

(3) The measure will be constructed under the direction of, or coordinated with, the United States Fish and Wildlife Service, the United States Natural Resources Conservation Service, or the department.

(4) The measure does not obstruct more than five percent (5%) of the cross section of the flood plain during a regulatory flood.

(5) The measure will not remove more than one (1) acre of forest.

(6) Following the completion of construction, disturbed areas will be reclaimed and revegetated. Disturbed areas will be mulched with straw, wood fiber, or other suitable material. To prevent erosion until revegetated species are established, mulch shall be anchored by crimping, tackifers, or netting or erosion control blankets shall be applied. To the extent practicable, revegetation must restore species native to the site. If revegetation with native species is not practicable, revegetation shall be performed by planting a mixture of:

(A) red clover;

(B) orchard grass;

(D) brome grass; or

(E) another species;

approved by the department as being suitable to site and climate conditions.

(7) Any excavation that blocks a drain tile does not permanently alter the natural ground elevation.

(8) The streamward toe of a constructed berm or levee is at least one hundred (100) feet landward from the top of the bank of the waterway.

(9) The construction of a berm or levee is limited to one (1) side of the waterway and where there is no other berm or levee within two thousand (2,000) feet on the same waterway.

(10) The elevation of a berm or levee is no more than two (2) feet higher than the natural ground surface measured at the lowest point along the berm or levee.

(Natural Resources Commission; 312 IAC 10-5-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3393, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-2 312 IAC 10-5-2 General licensing for utility line crossings

312 IAC 10-5-2 General licensing for utility line crossings

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-29-1

Sec. 2. Except as provided in sections 3 and 4 of this rule, a license is required under IC 14-28-1, IC 14-29-1, and 312 IAC 10-4 to place a utility line in or on a floodway where:

(1) the drainage area of a river or stream is at least one (1) square mile at the downstream end of the line's floodway segment; or

(2) a dam or levee regulated under IC 14-27-7 is affected.

(Natural Resources Commission; 312 IAC 10-5-2; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3394, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-3 312 IAC 10-5-3 Aerial electric, telephone, or cable television lines; general license

312 IAC 10-5-3 Aerial electric, telephone, or cable television lines; general license

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1; IC 14-29-1; IC 14-29-6

Sec. 3. The placement of an aerial electric, telephone, or cable television line is authorized without a written license issued by the department under IC 14-28-1, IC 14-29-1, and 312 IAC 10-4 if:

(1) the activity does not disturb the bed of the waterway beneath the line;

(2) the activity conforms with the minimum clearance requirements of section 4(b)(9) of this rule;

(3) the support mechanisms are located at least seventy-five (75) feet from the top of the bank; and

(4) the utility line crossing is not within the floodway of a natural river, scenic river, or recreational river designated under 312 IAC 7-2.

(Natural Resources Commission; 312 IAC 10-5-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3394, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3876; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-4 312 IAC 10-5-4 Qualified utility line crossings; general license

312 IAC 10-5-4 Qualified utility line crossings; general license

Authority: IC 14-10-2-4

Affected: IC 13-11-2-260; IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-33; IC 36-9-27

Sec. 4. (a) This section establishes a general license for the placement of a qualified utility line crossing in a floodway.

(b) A person who wishes to implement a project for the placement of a qualified utility line crossing on a river or stream, other than on a river or stream identified in section 0.3(b) or 0.3(c) of this rule, may do so without notice to the department if the project conforms to the following conditions:

(1) Tree removal and brush clearing shall be contained and minimized within the utility line crossing area. No more than one (1) acre of trees shall be removed within the floodway.

(2) Construction activities within the waterway from April 1 through June 30 shall not exceed a total of two (2) calendar days.

(3) Best management practices shall be used during and after construction to minimize erosion and sedimentation.

(4) Following the completion of construction, disturbed areas shall be reclaimed and revegetated. Disturbed areas shall be mulched with straw, wood fiber, biodegradable erosion blanket, or other suitable material. To prevent erosion until revegetated species are established, loose mulch shall be anchored by crimping, tackifiers, or netting. To the extent practicable, revegetation must restore species native to the site. If revegetation with native species is not practicable, revegetation shall be performed by the planting of a mixture of red clover, orchard grass, timothy, perennial rye grass, or another species that is approved by the department as being suitable to site and climate conditions. In no case shall tall fescue be used to revegetate disturbed areas.

(5) Disturbed areas with slopes of three to one (3:1) or steeper, or areas where run-off is conveyed through a channel or swale, shall be stabilized with erosion control blankets or suitable structural armament.

(6) No pesticide will be used on the banks.

(7) If a utility line transports a substance that may cause water pollution as defined in IC 13-11-2-260, the utility line will be equipped with an emergency closure system.

(8) If a utility line is placed beneath the bed of a river or stream, the following conditions are met:

(A) Cover of at least three (3) feet measured perpendicularly to the utility line is provided between the utility line and the banks.

(B) If the placement of a utility line is not subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows:

(i) At least three (3) feet, measured perpendicularly to the utility line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher, if the bed is composed of unconsolidated materials.

(ii) At least one (1) foot, measured perpendicularly to the line, between the lowest point of the bed and the top of the utility line or its encasement, whichever is higher, if the bed is composed of consolidated materials.

(C) If the placement of the utility line is subject to regulation under IC 14-28-1-29, IC 14-33, or IC 36-9-27, cover is provided as follows:

(i) At least three (3) feet, measured perpendicularly to the utility line, between the design bed and the top of the line or its encasement, whichever is higher, if the bed is composed of unconsolidated materials.

(ii) At least one (1) foot, measured perpendicularly to the line, between the design bed and the top of the line or its encasement, whichever is higher, if the bed is composed of consolidated materials.

(D) Negative buoyancy compensation is provided where the utility line has a nominal diameter of at least eight (8) inches and transports a substance having a specific gravity of less than one (1).

(9) If a utility line is placed above the bed of a river or stream, the following conditions are met:

(A) Except as provided in clauses (B) and (C), minimum clearance is provided from the lowest point of the utility line (determined at the temperature, load, wind, length of span, and type of supports that produce the greatest sag) calculated as the higher of the following:

(i) Twelve and one-half (121/2) feet above the ordinary high watermark.

(ii) Three (3) feet above the regulatory flood elevation.

(B) If the river or stream is a navigable waterway that is subject to IC 14-28-1, the utility line that crosses over the waterway must be placed to provide the greater of the following:

(i) The minimum clearance required under clause (A).

(ii) The minimum clearance required for the largest boat that is capable of using the waterway. The utility must consult in advance with the department to determine the minimum clearance for boats at the crossing.

(C) If a utility line is attached to or contained in the embankment of an existing bridge or culvert, no portion of the utility line or its support mechanism may project below the low structure elevation or otherwise reduce the effective waterway area.

(10) A utility line placed in a dam or levee regulated under IC 14-27-7 does not qualify for a general license under this subsection.

(c) A person who elects to act under this section must comply with the general conditions under subsection (b). Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a license issued under IC 14-28-1 and, if the waterway is navigable, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-4; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3394, eff Jan 1, 2002; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1545; errata filed Mar 13, 2002, 11:51 a.m.: 25 IR 2521; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3876; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-5 312 IAC 10-5-5 Utility line placement that does not qualify for a general license; waivers for burial depth or clearance

312 IAC 10-5-5 Utility line placement that does not qualify for a general license; waivers for burial depth or clearance

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1-29; IC 14-29-1; IC 14-33; IC 25-31-1; IC 36-9-27

Sec. 5. The placement of a utility line that is not authorized under section 4 of this rule requires a license under IC 14-28-1, IC 14-29-1, and 312 IAC 10-4 and is subject to the following:

(1) Except as provided in subdivisions (2) and (3), a license application must be filed with the department to demonstrate the construction activities within the utility project area conform with section 4(b)(1) through 4(b)(9) of this rule.

(2) The department may waive the minimum clearance requirements set forth in section 4(b)(8) of this rule if this subdivision is satisfied. The following information must be provided by the applicant:

(A) A technical justification that clearly establishes a need for the waiver.

(B) An economic analysis of the cost required to provide the minimum cover and the savings that would be realized if the minimum cover is waived.

(C) An assessment that establishes that there will not be an unreasonable hazard to the safety of life or property or an unreasonably detrimental effect upon fish, wildlife, or botanical resources if the utility line would fail as a result of the waiver.

(D) If the placement of the line is beneath the bed of a waterway and is subject to regulation as a flood control project, under the conservancy district act, or under the drainage code, documentation the county or municipality that has maintenance authority over the waterway has also waived the cover requirements. This documentation must:

(i) be on the letterhead of the county or municipality;

(ii) contain a copy of the statute or ordinance under which the county or municipality has regulatory authority over the waterway;

(iii) contain a statement that clearly waives the minimum cover requirements; and

(iv) contain a statement that the waiver will not impede future maintenance or reconstruction projects on the waterway.

(3) The department may waive the minimum clearance requirements set forth in section 4(b)(9) of this rule if this subdivision is satisfied. The following information must be provided by the applicant:

(A) A technical justification that establishes the need for the waiver.

(B) An economic analysis of the cost required to provide the minimum clearance and the savings realized if waived.

(D) Documentation of the regulatory flood elevation that includes either of the following:

(i) A photocopy of the latest flood insurance study profile with the site and low point of the line clearly indicated.

(ii) Computations by a certified professional engineer licensed under IC 25-31-1.

(Natural Resources Commission; 312 IAC 10-5-5; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3396, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3878; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-6 312 IAC 10-5-6 Removal of logjams or masses of wood debris from a salmonid stream; general license with notice

312 IAC 10-5-6 Removal of logjams or masses of wood debris from a salmonid stream; general license with notice

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 6. (a) This section establishes a general license for the removal of logjams or masses of wood debris from a waterway that is a salmonid stream designated under 327 IAC 2-1.5-5 for the purpose of providing maintenance to help control flooding.

(b) This section does not authorize the removal of logjams and obstructions from a waterway other than a salmonid stream designated under 312 IAC 2-1.5-5.

(c) A person who wishes to implement a project to remove logjams or masses of wood debris from a waterway referenced in subsection (a) must file a written notice, upon a department form, with the division of fish and wildlife's environmental unit, including the following information:

(1) A description of the river or stream where obstruction removal would occur, including the terminal points, access routes, and disposal sites of the project referenced to readily discernible landmarks, for example, a bridge or a dam. The project shall be designated with access routes to the obstruction on:

(A) a United States Geological Survey topographic map; or

(B) another map determined by the department to satisfy the purposes of this section.

(2) The name, address, and telephone number of the person who is seeking the general license. If all or some of the activities would be performed on behalf of the person by an independent contractor, the name, address, and telephone number of the independent contractor must also be provided.

(3) Documentation that the person is the owner of the river or stream (or the sole riparian owner along a navigable river or stream), or another basis by which the person demonstrates permission to enter upon the project site and to perform logjam removal. Permission must be demonstrated for an access route and for a site where logs or other debris will be secured following removal from the waterway. The person must also show participation or agreement by other interested persons in the following circumstances:

(A) With respect to a regulated drain, by the drainage board.

(B) With respect to a mutual drain, by all the beneficiaries to the drain.

(4) Photographs, videotapes, or other graphic documentation that demonstrate the following conditions exist on the waterway:

(A) Accumulations of logs, root wads, and other debris that occasionally or frequently span the waterway and may be interlocked.

(B) Large amounts of fine sediments have not covered or become lodged in the obstruction.

(5) A statement by the person, including the following terms and agreements:

(A) Obstructions would be removed through the use of hand-operated equipment, such as axes, chain saws, and portable winches.

(B) Any site would be identified within the project for which the use of hand-operated equipment is determined to be impracticable. If a site is identified under this subdivision, the statement must include the following:

(i) What equipment would be used.

(ii) That the equipment would not be equipped for excavation.

(iii) That the equipment would be used only from the bank and not placed in the waterway.

Examples of equipment that may be suitable include a small tractor, a backhoe equipped with a hydraulic thumb, a bulldozer with its blade up, and a log skidder.

(C) Free logs or affixed logs that are crossways in the channel and proposed to be removed by the applicant would be cut, relocated, and removed from the flood plain unless the logs are piled and secured by cables in an area not threatened by the flow of water. Logs would be removed and secured to minimize damage to vegetation and would be placed outside any wetlands.

(D) Isolated or single logs that are embedded, lodged, or rooted in the channel and do not span the channel or cause flow problems would not be removed unless:

(i) associated with or in close proximity to larger obstructions that are impeding navigation or the flow of water; or

(ii) posing a hazard to navigation.

(E) A severely damaged or leaning tree that is in immediate danger of falling into the waterway would be cut and removed only if the tree is associated with or in close proximity to an obstruction that impedes navigation or the flow of water in the waterway. The root system and stump of the tree would be left in place.

(F) No access road would be constructed that would do any of the following:

(i) Destroy more than one (1) acre of trees within a floodway.

(ii) Traverse a wetland indicated on the national wetlands inventory map, unless pads are used.

(iii) Raise the elevation of the flood plain.

(iv) Cross a waterway.

(G) Work would be conducted exclusively from one (1) side of a waterway.

(H) To prevent the flow of sediment laden water back into the waterway, appropriate sediment control measures would be installed.

(I) Within fifteen (15) days of completion of work, all bare and disturbed areas would be revegetated with a mixture of grasses and legumes. Tall fescue would not be used under this section, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes. If the season is not conducive to revegetation, a site would be covered with appropriate erosion control blankets to stabilize the shoreline.

(J) Except from June 16 through July 14 and from December 1 through March 14, work would be conducted only with hand-operated equipment.

(d) Within twenty (20) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a written notice under subsection (c), the department shall provide a written response that does one (1) of the following:

(1) Approves the terms of the notice.

(2) Provides additional conditions to the approval.

(3) Requires additional information regarding any of the following:

(A) The capacity of the floodway.

(B) The safety of life or property.

(4) Requires the person to obtain an individual license for the activity under IC 14-28-1 or IC 14-29-1, or both.

If the department does not respond under this subsection in a timely fashion, the written notice is approved.

(e) A general license for obstruction removal under this section expires ninety (90) days after receipt of the department's written approval.

(f) A person who elects to act under a general license issued under this section must comply with both of the following:

(1) The terms of the written notice provided under subsection (c).

(2) Any additional conditions provided by the department under subsection (d) and IC 14-28-1-22.

Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a license issued under IC 14-28-1 or, if the waterway is navigable, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-6; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3396, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3878; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-6.5 312 IAC 10-5-6.5 Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream; general license with notice

312 IAC 10-5-6.5 Removal of logjams or masses of wood debris from a natural, scenic, or recreational river or stream; general license with notice

Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-28-1-22; IC 14-29-1-8

Affected: IC 14-28-1; IC 14-29-1

Sec. 6.5. (a) This section establishes a general license for the removal of logjams or masses of wood debris from a waterway that is a natural, recreational, or scenic river designated under 312 IAC 7-2 for the purpose of providing maintenance to help control flooding.

(b) This section does not authorize the removal of logjams and obstructions from waterways other than natural, recreational, or scenic rivers designated under 312 IAC 7-2.

(A) a United States Geological Survey topographic map; or

(B) another map determined by the department to satisfy the purposes of this section.

(3) Documentation that the person is the owner of the river or stream (or the sole riparian owner along a navigable waterway), or another basis by which the person demonstrates permission to enter upon the project site and to perform logjam removal. Permission must be demonstrated for an access route and for a site where logs or other debris would be secured following removal from the waterway. The person must also show participation or agreement by other interested persons in the following circumstances:

(A) With respect to a regulated drain, by the drainage board.

(B) With respect to a mutual drain, by all the beneficiaries to the drain.

(4) Photographs, videotapes, or other graphic documentation that demonstrate the following conditions exist on the waterway:

(A) Accumulations of logs, root wads, and other debris that occasionally or frequently span the waterway and may be interlocked.

(B) Large amounts of fine sediments have not covered or become lodged in the obstruction.

(5) A statement by the person, including the following terms and agreements:

(A) Obstructions would be removed from the waterway exclusively by hand or handheld tools, such as axes, chain saws, and portable winches.

(B) Free logs or affixed logs that are crossways in the channel and proposed to be removed by the applicant would be cut, relocated, and removed from the flood plain unless the logs are piled and secured by cables in an area not threatened by the flow of water. Logs would be removed and secured with a minimum damage to vegetation and placed outside any wetlands.

(C) Isolated or single logs that are embedded, lodged, or rooted in the channel and do not span the channel or cause flow problems would not be removed unless:

(i) associated with or in close proximity to larger obstructions that are impeding navigation or causing erosion; or

(ii) posing a hazard to navigation.

(D) A severely damaged or leaning tree that is in immediate danger of falling into the waterway would be cut and removed only if the tree is associated with or in close proximity to an obstruction that impedes navigation or is causing erosion. The root system and stump of the tree would be left in place.

(E) A logjam or mass of wood debris would be removed only from July 1 through March 31 of the following year, unless the logjam or wood debris is deposited as a result of a flood for which the governor has declared a disaster.

(d) Within twenty (20) days (excluding Saturdays, Sundays, and legal holidays) after the receipt of a written notice under subsection (c), the department shall provide a response that does one (1) of the following:

(1) Approves the terms of the notice.

(2) Provides additional conditions to the approval.

(3) Requires additional information regarding any of the following:

(A) The capacity of the floodway.

(B) The safety of life or property.

(4) Requires the person to obtain an individual license for the activity under IC 14-28-1 or IC 14-29-1, or both.

If the department does not respond under this subsection in a timely fashion, the written notice is approved.

(e) A general license for obstruction removal under this section expires ninety (90) days after receipt of the department's written approval.

(f) A person who elects to act under a general license issued under this section must comply with both of the following:

(1) The terms of the written notice provided under subsection (c).

(2) Any additional conditions provided by the department under subsection (d) and IC 14-28-1-22.

Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a permit issued under IC 14-28-1 or, if the waterway is navigable, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-6.5; filed Oct 20, 2011, 2:56 p.m.: 20111116-IR-312110170FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-7 312 IAC 10-5-7 Qualified logjam and sandbar removals from beneath bridges; general license

312 IAC 10-5-7 Qualified logjam and sandbar removals from beneath bridges; general license

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1; IC 14-29-1

Sec. 7. The removal of logjams and sandbars beneath or adjacent to a bridge is authorized without a written license issued by the department under IC 14-28-1, IC 14-29-1, 312 IAC 10-4, and 312 IAC 6 where:

(1) equipment is operated from the bridge or the bank within the right-of-way, with no equipment placed in the river or stream;

(2) an access corridor for the placement of equipment extends no more than fifty (50) feet beyond the right-of-way; and

(3) the logjam or sandbar to be removed is located partially or exclusively within the right-of-way.

(Natural Resources Commission; 312 IAC 10-5-7; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3397, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3880; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-8 312 IAC 10-5-8 Qualified outfall projects; general license

312 IAC 10-5-8 Qualified outfall projects; general license

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1; IC 14-29-1

Sec. 8. (a) This section establishes a general license for the placement of a qualified outfall project in a floodway.

(b) A person who wishes to implement a project for the placement of a qualified outfall project on a river or stream, other than on a river or stream identified in section 0.3(b) or 0.3(c) of this rule, may do so without notice to the department if the project conforms to the following conditions:

(1) Tree removal and brush clearing shall be contained and minimized within the outfall project area. No more than one (1) acre of trees shall be removed within the floodway.

(2) Construction activities within the waterway from April 1 through June 30 shall not exceed a total of two (2) calendar days.

(3) Best management practices shall be used during and after construction to minimize erosion and sedimentation.

(6) Areas in the vicinity of concentrated discharge points shall be protected with structural armament to the normal water level of the waterway. Any riprap must have an average minimum diameter of six (6) inches and extend below the normal water level.

(7) The size of the outfall project shall not exceed any of the following dimensions:

(A) Ten (10) square feet in cross-sectional flow area as determined by the summation of cross-sectional area of conduits within the outfall project area for an outfall structure.

(B) Five (5) feet deep as determined by the difference in elevation between the lowest bank elevation and the bottom of the swale for an outfall structure.

(8) Adequate cover shall be provided to ensure the structural integrity of the outfall conduit and to allow suitable vegetative growth.

(9) Within the project area, the postconstruction ground surface elevation shall be less than six (6) inches above the preconstruction elevation.

(10) The outlet structure shall:

(A) be supported by a headwall, slopewall, or anchored end section; and

(B) conform to the bank of the waterway.

(11) If flow passing through the outfall project in a reverse direction would induce flood damages during a regulatory flood, the outfall project shall be equipped with a closure mechanism.

(12) Construction debris and material not used as backfill shall be removed from the floodway.

(c) A person who elects to act under this section must comply with the general conditions under subsection (b). Failure to comply with these terms and conditions may result in the revocation of the general license, a civil penalty, a commission charge, and any other sanction provided by law for the violation of a permit issued under IC 14-28-1 and, if the waterway is navigable, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-8; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3398, eff Jan 1, 2002; filed Dec 26, 2001, 2:42 p.m.: 25 IR 1546; errata filed Jan 16, 2002, 1:14 p.m.: 25 IR 1906; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3880; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-9 312 IAC 10-5-9 Creek rock removal from nonnavigable waterway; permit exemption without notice

312 IAC 10-5-9 Creek rock removal from nonnavigable waterway; permit exemption without notice

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1

Sec. 9. (a) This section establishes a permit exemption for removing creek rock from a nonnavigable waterway subject to IC 14-28-1 without notifying the department of natural resources (department). A person shall:

(1) own; or

(2) obtain written permission from a person that owns;

the parcel along a nonnavigable waterway where creek rock is removed to qualify for a permit exemption without notice under this section.

(b) A person may remove creek rock from the parcel under subsection (a) without a written license under IC 14-28-1 and notifying the department if the person satisfies the following conditions:

(1) Not more than fifty (50) cubic yards of creek rock is removed in a calendar year from the parcel.

(2) The creek rock is removed exclusively:

(A) by hand;

(B) by using a hand tool; or

Using a bulldozer or rock crusher does not qualify as scoop-type excavating equipment under this subdivision.

(3) Except as otherwise provided in this subdivision, the creek rock is not removed beginning April 1 and ending July 1. Except for slab rock, this condition does not apply to creek rock removed from a sand bar or gravel bar and deposited during a:

(A) regulatory flood;

(B) flood greater than a regulatory flood; or

(4) Except for excavating a bank, the creek rock is:

(A) removed only from a sand bar or gravel bar in a nonnavigable waterway;

(B) removed during the low flow period; and

(5) Excavated creek rock is:

(A) removed from the nonnavigable waterway and floodway; and

(B) not placed along the streambank or used as streambank protection.

(6) An access road is not constructed that will:

(A) destroy more than one-half (1/2) acre of trees in a floodway;

(B) traverse a wetland indicated on the national wetlands inventory map, unless pads are used;

(D) cross a nonnavigable waterway.

(7) Access to the location where the creek rock is removed is exclusively from one (1) side of the nonnavigable waterway.

(c) The authorization for an activity conducted under this section does not waive permit requirements of other federal, state, and local governments.

(d) Failure to comply with the conditions under subsection (b)(1) through (b)(7) may result in a revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a permit issued under IC 14-28-1.

(e) A nonnavigable waterway is governed by 312 IAC 6.

(Natural Resources Commission; 312 IAC 10-5-9; filed May 12, 2009, 11:27 a.m.: 20090610-IR-312080614FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA; filed Jan 27, 2025, 3:56 p.m.: 20250226-IR-312240265FRA)

312 IAC 10-5-10 312 IAC 10-5-10 Creek rock removal from a nonnavigable waterway; general license with notice (Repealed)

312 IAC 10-5-10 Creek rock removal from a nonnavigable waterway; general license with notice (Repealed)

(Repealed by Natural Resources Commission; filed Jan 27, 2025, 3:56 p.m.: 20250226-IR-312240265FRA)

312 IAC 10-5-11 312 IAC 10-5-11 Prospecting in a nonnavigable waterway

312 IAC 10-5-11 Prospecting in a nonnavigable waterway

Authority: IC 14-10-2-4; IC 14-28-1-5;

Affected: IC 14-28-1; IC 14-29-1; IC 14-22-34-12

Sec. 11. (a) This section governs prospecting in a nonnavigable waterway that is subject to IC 14-28-1 and this article.

(b) Unless otherwise provided in this section, a person must not engage in prospecting in a nonnavigable waterway except as approved by the department in a written license.

(c) Without a written license or notice to the department, a person may engage in prospecting in a nonnavigable waterway upon compliance with each of the following conditions:

(1) Lawful ingress to and egress from the waterway is obtained.

(2) Written permission is obtained from the property owner or owners.

(3) Prospecting is performed exclusively by one (1) or a combination of the following processes:

(A) Without the use of equipment.

(B) With the use of nonmotorized equipment, such as a pan, sluice box, or pick and shovel.

(C) With the use of suction equipment, including motorized equipment, having a hand-operated nozzle that has an opening not larger than five (5) inches in diameter.

(4) No mercury or other chemicals are used to assist with the recovery of hard mineral resources.

(5) Activities occur exclusively between sunrise and sunset.

(6) No mussels are taken as prescribed by 312 IAC 9-9-3.

(7) No endangered species are taken as prescribed by IC 14-22-34-12.

(d) In addition to the waterways disqualified by 312 IAC 6-5-10(d), the following waterways do not qualify for prospecting under subsection (c):

(1) Cedar Creek in Allen County and Dekalb County from river mile 13.7 to the confluence with the St. Joseph River.

(2) Galien River in LaPorte County and its tributaries.

(3) North Fork of Wildcat Creek in Tippecanoe County and Carroll County from river mile 43.11 to river mile 4.82 and the South Fork of Wildcat Creek in Tippecanoe County from river mile 10.21 to river mile 0.00.

(4) Trail Creek in LaPorte County and its tributaries.

(5) Tributaries of the East Branch of the Little Calumet River.

(6) Tributaries of the St. Joseph River that have their confluences downstream of the Twin Branch Dam in Mishawaka.

(e) Nothing in this section is intended to modify the rights of riparian owners.

(Natural Resources Commission; 312 IAC 10-5-11; filed Nov 3, 2009, 3:35 p.m.: 20091202-IR-312090080FRA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)

312 IAC 10-5-12 312 IAC 10-5-12 Permit exemption for removing a tree from a floodway

312 IAC 10-5-12 Permit exemption for removing a tree from a floodway

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-27; IC 14-28-1; IC 14-29-1

Sec. 12. (a) This section establishes a permit exemption for removing a tree from a floodway by using hand operated equipment. A person shall:

(1) own; or

(2) obtain written permission from a person that owns;

the parcel where a tree is to be removed to qualify for a permit exemption under this section.

(b) A person may not conduct the following activities under a permit exemption under subsection (a):

(1) Remove a tree along a dam or levee regulated under IC 14-27-7, IC 14-27-7.3, or IC 14-27-7.5.

(2) Except for the exposed root ball of a tree that fell from a natural disaster or storm, remove or excavate the root ball of a tree by any method.

(3) Use a material or fill to construct a temporary or permanent access road or stream crossing.

(4) Excavate or stabilize a streambank.

(5) Remove a tree from a known mitigation site. For information regarding mitigation sites, please contact the division of fish and wildlife.

(6) Except for a tree that fell from a natural disaster or storm, cut a tree suitable for Indiana bat or northern long-eared bat roosting, that is at least three (3) inches in diameter and four and one-half (4 1/2) feet in height, and:

(A) is living or dead;

(B) has loose hanging bark; or

beginning April 1 and ending October 1.

(7) Remove a tree that:

(A) contains a bald eagle nest; or

(B) is not more than six hundred sixty (660) feet from a bald eagle nest;

without a permit from the United States Fish and Wildlife Service.

(1) Cut and remove a single, isolated tree that has fallen or washed into a river or stream channel without removing the root ball by excavation.

(2) Cut a tree without removing the stump and root ball of the tree by excavation.

(3) Cut and remove, or salvage, an uprooted tree from a natural disaster or storm, including the root ball of the tree, and fill the hole left by the uprooted tree to match the existing grade.

(4) Cut a tree and grind the stump without removing the root ball by excavation, and fill the hole left by grinding the stump to match the existing grade.

(d) A person conducting an activity under subsection (c) shall satisfy the following conditions:

(1) Remove all cut trees and debris from the floodway.

(2) Perform an authorized activity under this section in a way that minimizes:

(A) erosion; and

(B) depositing sediment into a stream.

(3) Not later than fifteen (15) days after completing an activity under subsection (c), complete the following:

(A) Revegetate a bare and disturbed area with a mixture of native grasses and legumes.

(B) If necessary for erosion control and seed establishment, mulch a disturbed area with straw or wood fiber that is crimped or mixed with a tackifier or covered with a net-free or Leno woven erosion blanket. The following turf-type grasses may be used in a mowed area:

(i) Low endophyte.

(ii) Friendly endophyte.

(iii) Endophyte free tall fescue.

(4) Conduct a construction activity in the waterway beginning April 1 and ending July 1 that does not exceed two (2) calendar days.

(e) A person conducting an activity under this section shall comply with the conditions set forth under subsection (d). Failure to comply with the conditions set forth under subsection (d) may result in the revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a license under IC 14-28-1 and, if the waterway is a navigable waterway, the violation of a license under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-12; filed Jan 27, 2025, 3:56 p.m.: 20250226-IR-312240265FRA)

312 IAC 10-5-13 312 IAC 10-5-13 Streambank protection in floodway; permit exemption with notice

312 IAC 10-5-13 Streambank protection in floodway; permit exemption with notice

Authority: IC 14-10-2-4; IC 14-28-1-5

Affected: IC 14-28-1-22; IC 14-29-1; IC 36-7-4-205

Sec. 13. (a) This section establishes a permit exemption with notice to the department of natural resources (department) to place streambank protection in a floodway.

(b) Except as provided in subsection (c), a person may place streambank protection in a floodway with a permit exemption under subsection (a) to reconstruct, repair, and control or prevent erosion of the streambank using:

(1) vegetative stabilization;

(2) bioengineered materials;

(3) glacial stone;

(4) riprap; or

(5) any combination of bank stabilization techniques that meet the following criteria:

(A) The location of the streambank protection is in a rural area that lies outside the:

(i) corporate boundaries of a consolidated city, or an incorporated city or town; and

(ii) territorial authority for comprehensive planning established under IC 36-7-4-205(b).

(B) The total activity is not more than three hundred (300) feet.

(c) A person shall obtain a written license from the department to place streambank protection in a salmonid stream designated under 312 IAC 6.2-1-2(13), or in a natural, scenic, or recreational river or stream designated under 312 IAC 7-2, before beginning placement of the streambank protection.

(d) A person that wishes to conduct streambank protection under this section shall file a written notice, in a form and manner prescribed by the department, with the division of water. The notice must include the following information:

(1) Identification of the waterway and a description of the parcel where the activity will occur.

(2) The name, address, email, and telephone number of the person or authorized agent performing the streambank protection under the permit exemption with notice under subsection (a).

(3) Documentation to demonstrate the person seeking the permit exemption under subsection (a) is the owner of the property where the activity will take place, or the person was given permission from the owner as the authorized agent.

(4) Current photos of the streambank where the activity will occur.

(5) A statement of the material to be used to protect the streambank and the total length of the streambank to be protected.

(6) A statement that the owner of the property where the activity will take place, or the authorized agent performing streambank protection under the permit exemption under subsection (a), agrees to comply with the following conditions:

(A) Removing a tree and clearing brush are contained and minimized in the project area. Removing a tree may not result in excavating the root ball.

(B) Construction activity in the waterway beginning April 1 and ending July 1 does not exceed two (2) calendar days.

(C) The work conforms with the existing bank at the upstream and downstream limits of the area where the activity will occur, and ties into stable areas upstream and downstream to prevent flanking.

(D) Stone may be placed from the toe of the slope to the ordinary high water mark. Bioengineered or vegetative material may be used above the ordinary high water mark.

(E) The slope of a streambank protected with riprap, glacial stone, or broken concrete is not more than 2H:1V.

(F) The average diameter of riprap used to protect a streambank is not less than six (6) inches and must extend below the normal water level.

(G) Broken concrete may be used to protect a streambank if it is unpainted and free of:

(i) soil;

(ii) fine material;

(iii) metal;

(iv) bricks;

(v) blocks;

(vi) asphalt; or

(vii) other construction debris.

Exposed rebar or other reinforcing material must be cut flush with the surface of the concrete and removed from the floodway. Concrete must not be contaminated with oil or other toxic substances. Broken concrete must be graded pieces not less than six (6) inches and not more than two (2) feet in any dimension.

(H) Riprap, glacial stone, or broken concrete must have a bedding layer of well graded aggregate or a geotextile to prevent piping soil underneath the stone protection underneath.

(I) A disturbed area outside the streambank protection area that is not used for agricultural production must be reseeded with a mixture of native grasses, forbs, and legumes.

(J) Best management practices must be used during and after the construction to minimize erosion and sedimentation.

(e) Not later than twenty (20) calendar days, excluding Saturdays, Sundays, and legal holidays, after receiving a notice under subsection (d), the department shall respond as follows:

(1) Approve the permit exemption terms.

(2) Provide additional conditions to approve the permit exemption terms.

(3) Require additional information regarding the:

(A) floodway capacity;

(B) safety of life or property; or

(4) Require the person to obtain a written license for an activity under IC 14-28-1 or IC 14-29-1, or both.

If the department does not respond not later than twenty (20) days after receiving the notice under subsection (d), the permit exemption is approved.

(f) A permit exemption for streambank protection under this section expires not later than one hundred eighty (180) days after the person receives written approval of the permit exemption terms under subsection (e) from the department.

(g) A person that places streambank protection under a permit exemption under subsection (a) shall comply with the following:

(1) The permit exemption terms approved by the department.

(2) Additional conditions imposed on the person by the department under subsection (e) or IC 14-28-1-22.

Failure to comply with the conditions of this section may result in the revocation of the permit exemption under subsection (a), a civil penalty, a commission charge, and any other sanction imposed by law for the violation of a license issued under IC 14-28-1 or, if the waterway is a navigable waterway, the violation of a license issued under IC 14-29-1.

(Natural Resources Commission; 312 IAC 10-5-13; filed Jan 27, 2025, 3:56 p.m.: 20250226-IR-312240265FRA)