Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by FindLaw Staff
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 (a) A petition filed by a majority of the abutting property owners of a small lake continues in effect and may not be rescinded by a subsequent petition to amend, alter, or abolish for two (2) years from the date of certification of the last filed petition.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.
Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-15-3-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-15-3-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)