Permit Application Assistance Manual
Applicants are required to provide evidence to the DNR, Division of Water that public notice has been provided to all adjacent property owner(s) according to the provisions contained in the Procedures Governing Certain Licenses Act, IC 14-11-4 and administrative rule 312 IAC 2-3. The applicant or authorized agent must submit a completed N4 form and the appropriate mailing receipts, if required by the method of notification, as proof to the division the public notice requirement has been completed.
- Notice to provide to adjacent property owners (N2 form).
- Notice to provide to DNR, Division of Water as proof public notice has been completed (N4 form).
The Department also has a separate public notice process; the lists of applications that have been public noticed by the Department can be found on the public notice webpage.
The Procedures Governing Certain Licenses Act (IC 14-11-4) was enacted to ensure that the general public is notified of the submittal of a permit application and is given the opportunity to participate in certain regulatory programs administered by the DNR. The Act prohibits DNR from acting on a permit application until 30 days after the public notice requirement has been met. The following 5 programs administered by the Division of Water are subject to the Act’s public notice requirements:
- Lakes Preservation Act | (IC 14-26-2)
- Lowering of Ten Acre Lakes Act | (IC 14-26-5)
- Flood Control Act | (IC 14-28-1)
- Sand and Gravel Permits Act | (IC 14-29-3)
- Construction of Channels Act | (IC 14-29-4)
An administrative law judge ruled that the practice of providing public notice to adjacent landowners prior to submitting a permit application to the DNR conflicts with 312 IAC 2-3-3. Therefore, public notice must be provided to adjacent landowners after an application is submitted to the Division of Water. Applicants will receive an Application Acknowledgement Notice from the division, usually by email if one was provided on the application form, that the application has been received. The notice will contain the application file number assigned to the permit application. At that time, the applicant can move forward with the public notice requirement.