Section 312 IAC 6-7-7 - After-the-fact licenseAuthority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 14-18-6; IC 14-28-1; IC 14-29-1
Sec. 7.
(a) A person who obtains and acts upon an emergency authorization under this rule must file with the department a completed application, under IC 14-29-1 and this article, for a permanent after-the-fact license within ninety (90) days of commencing the emergency activity. The department may, for good cause, grant an extension of time for filing an after-the-fact license application.(b) If the activity for which an emergency authorization is granted also requires a license under IC 14-28-1, a completed application for a permanent after-the-fact license under IC 14-28-1 must also be filed with the department within ninety (90) days of commencing the emergency activity.(c) Subsections (a) and (b) do not apply if the person granted an emergency authorization conducts no activity over which the department has jurisdiction under IC 14-28-1 or IC 14-29-1.(d) The receipt of an emergency authorization creates no inference of entitlement to an after-the-fact license or to ownership of the bed of Lake Michigan. The department may require modification or removal of any material or structure placed on or within the ordinary high watermark of Lake Michigan if appropriate to IC 14-29-1 and this article. A person may obtain title to lands within the ordinary high watermark of Lake Michigan only upon compliance with IC 14-18-6. Natural Resources Commission; 312 IAC 6-7-7; 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-312090152RFAFiled 11/24/2015, 4:05 p.m.:20151223-IR-312150295RFAReadopted filed 9/23/2021, 9:42 a.m.: 20211020-IR-312210342RFA