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 (a) A petition filed by a majority of the abutting property owners of a small lake continues in effect and may not be rescinded by a subsequent petition to amend, alter, or abolish for two (2) years from the date of certification of the last filed petition.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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 15. Regulation of Water Recreation
Chapter 3. Watercraft Operation
14-15-3-1. "Small Lake" Defined
14-15-3-2. Unlawful Operation Prohibited
14-15-3-3. Careful and Prudent Operation
14-15-3-5. Operation of Unsafe Boats Prohibited
14-15-3-6. Dangerous Operation Prohibited
14-15-3-9. Restrictions on Operation on Boundary Lakes
14-15-3-10. Small Lakes; Speed Limit
14-15-3-11. Small Lakes; Exemption From Speed Limit
14-15-3-12. Small Lakes; Rescission or Amendment of Exemption From Speed Limit
14-15-3-12.5. Effect of Certain Exemptions to Motorboat Speed Limits
14-15-3-13. Exemption From Boat Speed Limits
14-15-3-15. Hazardous Wake or Wash Prohibited
14-15-3-16. Circular Operation of Motorboats Around Fishers or Swimmers Prohibited
14-15-3-17. Minimum Distance From Shore Lines
14-15-3-18. Adoption of Rules Regarding State or Federally Financed Lakes and Reservoirs
14-15-3-19. Applicability of Chapter to Towed Persons or Objects
14-15-3-20. Towing of Persons or Objects
14-15-3-23. Load and Horsepower Safe Capacity
14-15-3-24. Occupants on Gunwales or Bow Decking Prohibited
14-15-3-25. Mooring to or Tampering With Navigational AIDS
14-15-3-26. Anchoring So as to Interfere With Traffic
14-15-3-28. Permitting Unlawful Operation
14-15-3-29. Unauthorized Possession or Operation