Sec. 12. (a) A petition filed by a majority of the abutting property owners of a small lake continues in effect and may not be rescinded by a subsequent petition to amend, alter, or abolish for two (2) years from the date of certification of the last filed petition.

(b) To amend, alter, or abolish an existing certified petition a majority of the abutting property owners of the small lake must petition the department.

(c) The commission may adopt rules under IC 4-22-2 to rescind or amend an exemption granted under section 11 of this chapter if:

(1) a majority of the abutting property owners of a small lake that has been exempted under section 11 of this chapter petitions the commission in substantial accordance with the appropriate corresponding requirements of subsection (d) to rescind the exemption; or

(2) the commission determines that because of the exemption:

(A) there is an unreasonable hazard to persons; or

(B) unreasonable harm to fish, wildlife, or botanical resources is occurring.

(d) A petition under this section must be in the following form:

To the State of Indiana

Department of Natural Resources

The undersigned, all owners of abutting property to (name of lake) and situated in __________ County, Indiana, petition the department to (amend) (abolish) an existing petition as follows:

(Insert desired action)

We certify that the signatures listed on this petition represent a majority of the bona fide property owners of abutting property of (name of lake), as recorded in the office of the county recorder of (name of county). The county auditor of the county in which the property is located shall verify the validity of the signatures before the petition is presented to the department. We also understand and agree that this petition, superseding all existing and prior petitions, when certified, takes effect immediately, and a subsequent petition may not be filed for two (2) years from the date of certification.

____________________

___________________

Signed

Lake Property Address

____________________

Date

(e) Upon rescission of a prior petition, the department, as soon as practicable, shall remove all existing postings on the lake.

(f) It is the intent of this section to avoid confusion to lake users that might result from frequent changes in posting and unnecessary expense to the department in erecting and removing postings more often than every two (2) years.

[Pre-1995 Recodification Citation: 14-1-1-24(e), (h), (i).]

As added by P.L.1-1995, SEC.8.