312 Ind. Admin. Code 6-7-5

Current through December 4, 2024

Section 312 IAC 6-7-5 - Factors tending to support a finding an emergency exists

Authority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8

Affected: IC 14-26-2.1-2; IC 14-28; IC 14-29

Sec. 5.

Factors tending to support a finding emergency conditions are present under section 3 of this rule include the following:

(1) The lake level is rising.

(2) The current lake level is higher than the ordinary high watermark.

(3) The failed or threatened erosion control structure is in close proximity to the subject property.

(4) The content, design, or position of an erosion control structure makes its accelerated deterioration or collapse more likely.

(5) The existing angle of repose of a bluff face or the bluff height make continued slumping probable.

(6) The risk of harm to public safety or major damage to real property is aggravated by external circumstances.

(7) If immediate action is not taken, persons other than the person seeking to perform emergency remedial action are also likely to suffer harm.

312 IAC 6-7-5

Natural Resources Commission; 312 IAC 6-7-5; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1611; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA

Filed 11/24/2015, 4:05 p.m.:20151223-IR-312150295RFA

Readopted filed 9/23/2021, 9:42 a.m.: 20211020-IR-312210342RFA

Filed 4/24/2023, 10:29 a.m.: 20230524-IR-312220350FRA