Section 312 IAC 6-8-3 - Action by departmentAuthority: IC 14-10-2-4; IC 14-28-3-2; IC 14-29-1-8
Affected: IC 4-21.5-3-5; IC 14-28; IC 14-29-1
Sec. 3.
(a) The department may determine to approve, approve with conditions, or deny a license sought under this rule and IC 14-29-1. Those conditions may include any action needed to mitigate a negative impact identified under section 2 of this rule. Notice of the determination shall be provided to the applicant and any other person required to be notified under IC 4-21.5-3-5.(b) The department may terminate a license application where the applicant fails to provide supporting documentation in a timely fashion.(c) If the department determines the placement of a structure as described in the application would violate the public trust doctrine, the department shall either deny the application or condition approval of the application upon terms that would allow placement of the structure without violation of the public trust doctrine. The license may be conditioned to assure that any public access will not be impeded and to provide for complete removal of the structure and site restoration, at the expense of the riparian landowner, when the structure is no longer required.(d) As a condition of approval, the department may require monitoring of the structure or of affected lands and waters to determine the impact of the structure upon coastal dynamics or other environmental factors. If monitoring or other documentation identifies a negative impact that was not fully addressed when the license was approved, the department may require removal, modification, or improvement to the structure (or another action needed) to mitigate the negative impact.Natural Resources Commission; 312 IAC 6-8-3; filed Jan 23, 2001, 10:17 a.m.: 24 IR 1613; 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