Indiana Statewide Rule
Indiana Lake Michigan Shoreline & Navigable Waterway Construction Permits
Key Facts
- Statute
- IC 14-29-1-8
- Agency
- Indiana DNR, Division of Water
- Applies to
- Lake Michigan navigable waterway
- Permit trigger
- Structure, fill, or extraction
- Shoreline boundary
- OHWM under IC 14-29-1-9
Summary
Building a permanent structure in, or removing water or material from, Lake Michigan or any Indiana navigable waterway requires a permit from the Department of Natural Resources under IC 14-29-1-8, with separate ordinary-high-water-mark rules for the Lake Michigan shoreline.
Sec. 8. (a) A person, other than a public or municipal water utility, may not: (1) place, fill, or erect a permanent structure in; (2) remove water from; or (3) remove material from; a navigable waterway without a permit from the department. (b) An application for a permit under this section must be made in a manner prescribed by rule. (c) The department shall issue a permit if the issuance of the permit will not do any of the following: (1) Unreasonably impair the navigability of the waterway. (2) Cause significant harm to the environment. (3) Pose an unreasonable hazard to life or property.
Full Breakdown
Indiana treats Lake Michigan as a navigable waterway, so shoreline and in-water construction falls under IC 14-29-1. Section 8 bars any person, other than a public or municipal water utility, from placing, filling, or erecting a permanent structure in, or removing water or material from, a navigable waterway without a permit from the Department of Natural Resources, Division of Water. The DNR issues the permit only where the work will not unreasonably impair navigability, cause significant harm to the environment, or pose an unreasonable hazard to life or property. Section 9 lets the DNR fix the ordinary high water mark along Lake Michigan, and the IDNR Lake Michigan Coastal Program coordinates federal consistency review for coastal projects.
Violations & Penalties
Placing a permanent structure, filling, or extracting water or material in Lake Michigan or another navigable waterway without a DNR permit exposes the owner to removal and restoration orders and civil penalties.
Frequently Asked Questions
Do I need a state permit to build on the Lake Michigan shoreline?
When will the DNR approve a Lake Michigan construction permit?
Who sets the boundary of state jurisdiction along Lake Michigan?
Sources
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