AN ACT to amend the Indiana Code concerning natural and cultural resources.
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 23. The commission shall adopt rules in the manner
to do the following:
(1) Assist in the administration of this chapter.
(2) Provide objective standards for licensing:
(A) the placement of a temporary or permanent structure or material; or
(B) the extraction of material;
over, along, or within a shoreline or waterline. The standards shall exempt any class of activities from licensing if the commission finds that the class is unlikely to pose more than a minimal potential for harm to the public rights described in section 5 of this chapter.
(3) Establish a process under IC 4-21.5 for the mediation of disputes among riparian owners or between a riparian owner and the department concerning the usage of an area over, along, or within a shoreline or waterline for a matter within the jurisdiction of this chapter. The rule must provide that:
(A) if good faith mediation under the process fails to achieve a settlement, the department shall make a determination of the dispute; and
(B) a person affected by the determination of the department may seek administrative review by the commission.