Sec. 8. (a) A person, other than a public or municipal water utility, may not:

(1) place, fill, or erect a permanent structure in;

(2) remove water from; or

(3) remove material from;

a navigable waterway without a permit from the department.

(b) An application for a permit under this section must be made in a manner prescribed by rule.

(c) The department shall issue a permit if the issuance of the permit will not do any of the following:

(1) Unreasonably impair the navigability of the waterway.

(2) Cause significant harm to the environment.

(3) Pose an unreasonable hazard to life or property.

(d) A separate permit is not required under this section for an activity permitted under any of the following:

(1) IC 14-21-1.

(2) IC 14-28-1.

(3) IC 14-29-3.

(4) IC 14-29-4.

(5) IC 14-34.

(6) IC 14-37.

However, a permit issued under a statute specified in this subsection must also apply the requirements of this section with respect to an activity within a navigable waterway.

(e) A separate permit is not required under this section for an activity for which a permit has been issued under any of the following:

(1) 16 U.S.C. 1451 et seq. (the federal Coastal Zone Management Act).

(2) 33 U.S.C. 1344 (the federal Clean Water Act).

(3) 42 U.S.C. 9601 et seq. (the federal Comprehensive Environmental Response, Compensation, and Liability Act).

(f) The department shall adopt rules under IC 4-22-2 to implement this section.

(g) A person who violates this section commits a Class B infraction.

[Pre-1995 Recodification Citation: 13-2-4-9.]

As added by P.L.1-1995, SEC.22.