A "rule" is the whole or any part of a state agency statement of general applicability that: (1) has or is designated to have the effect of law; and (2) implements, interprets, or prescribes: (A) law or policy; or (B) the organization, procedure, or practice requirements of the state agency. (IC 4-22-2-3)
Public Comment on Proposed Rule Amendments
The Natural Resources Commission adopted nonrule policy document, Information Bulletin #55. The primary purpose of this bulletin is to encourage consistency, transparency and efficiency in the development of hearing officer reports by employees of the Division of Hearings to the Natural Resources Commission. Information Bulletin #55 clarifies that citizens must identify themselves when filing comments in order for those comments to be included in a report or to be considered by a hearing officer in an analysis.
Proposed Rules Open for Public Comment
The Commission's Division of Hearings uses an unofficial checklist to assist with rule adoptions. An abbreviated form of the checklist is included as an informal reference.
NOTE: The link following each rule proposal entitled "Comment on Proposed Rule" will take you to the comment form page; however, this form does not allow attachments. If you wish to supplement your comment, please forward attachments to nrcrules@nrc.in.gov. Include the corresponding rule (as listed below) in your email's subject line.
- Emerald Ash Borer (LSA #08-413) Amends 312 IAC 18-3-18, pertaining to entomology and plant pathology, to regulate the emerald ash borer (Agrilus planipennis), a pest or pathogen, to provide standards for quarantine, and to add counties and townships to the quarantine area. [COMMENT ON PROPOSED RULE]
- Floodway Gravel Extraction (LSA #08-614) Amends 312 IAC 6 for navigable waters and amends 312 IAC 10 for nonnavigable waters to address general licenses and indivisual licenses for the extraction of sand, gravel, rock, and slab rock. [COMMENT ON PROPOSED RULE]
- Great Lakes Water Incipient Rule (LSA #08-531) Amends 312 IAC 6.2, which addresses Great Lakes Basin Water Management, to assist with implementation of P.L.4-2008 (SEA 45) and the eventuality of effectuation of the Great Lakes-St. Lawrence River Basin Water Resources Compact.[COMMENT ON PROPOSED RULE]
- "Lake" Definition (LSA #08-286) Amends 312 IAC 1-1-2, which defines “lake” for rules in 312 IAC, to coordinate with a definition of “lake” added by SEA 41-2008 to IC 14-26-2 (sometimes referred to as the “Lakes Preservation Act”); to include bays and coves except for the determination of a “small lake” under IC 14-8-2-259; to clarify the inclusion of channels in a “public freshwater lake”; and to specify that determinations are based upon the highest legal elevation, if a lake has more than one legal elevation. [COMMENT PERIOD IS CLOSED.]
- Lake Tippecanoe - Lake James Ecozones (LSA #08-295) Amends 312 IAC 5-6-9, governing the use of boats on Tippecanoe Lake, James Lake, and channels connected to these lakes in Kosciusko County, to establish special watercraft zones. Public comment period closes at end of day September 15. [COMMENT ON PROPOSED RULE]
- Water Withdrawal Contracts (LSA #08-131) Adds 312 IAC 6.3 to assist with the application of P.L. 231-2007 to IC 14-25-2 with respect to water withdrawal contracts for water supply purposes from the water supply in reservoir impoundments that are financed by the state. [COMMENT PERIOD IS CLOSED.]
Petition for Rule Change
The Commission has developed a process by which a person may petition for a rule change for rules within the Commission's jurisdiction. Included is any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.