A Guide to the Indiana Lowering of Ten Acres Lake Act Requirements, Process, and Compliance

The Indiana Lowering of Ten Acres Lake Act is a crucial piece of legislation that aims to protect the state's valuable water resources and preserve the ecological integrity of its larger lakes. This comprehensive guide delves into the intricacies of the Act, providing a clear understanding of its applicability, structure, and key provisions. By exploring the regulated activities and entities, as well as the compliance obligations and enforcement mechanisms, readers will gain the knowledge necessary to effectively navigate the regulatory landscape surrounding the lowering of ten-acre lakes in Indiana. The guide also highlights recent developments and offers a glimpse into the future of the Act, ensuring that stakeholders stay informed and prepared for any upcoming changes. With a focus on practical information and actionable insights, this resource serves as an essential tool for managing projects that fall under the purview of the Indiana Lowering of Ten Acres Lake Act.

GENERAL INFORMATION

Key Details of the Indiana Lowering of Ten Acres Lake Act

Issuing Agency: Indiana Department of Natural Resources
Year Established: 1947
Last Amended: 2022
Statutory Authority: Indiana Code Title 14. Natural and Cultural Resources § 14-26-2 Chapter 2. Lowering of Ten Acre Lakes[^0]
Primary Legal Reference: Indiana Code § 14-26-2-1 et seq.

Overview of the Indiana Lowering of Ten Acres Lake Act

The Indiana Lowering of Ten Acres Lake Act operates within the broader framework of Indiana's environmental regulations, which are primarily administered by the Indiana Department of Natural Resources (IDNR). This act specifically addresses the management and protection of lakes that are at least ten acres in size within the state of Indiana.

The primary goal of the act is to regulate the lowering of lake levels to protect the ecological health, recreational value, and property rights associated with these water bodies. It does so by requiring a permit from the IDNR for any person or entity seeking to lower the level of a ten acre lake by twelve inches or more below the lake's established legal level.

The act has been in place since 1947 and has undergone several amendments over the years to clarify its provisions and adapt to changing environmental conditions and public needs. The most recent significant amendment occurred in 2022.

The act's main mechanism for achieving its goals is the permit system, which allows the IDNR to review and approve or deny requests to lower lake levels based on a set of criteria that prioritize the public interest and environmental protection. The act applies to all lakes of ten acres or more within the state of Indiana, with no significant exemptions or jurisdictional limitations.

What does the Indiana Lowering of Ten Acres Lake Act protect?

The Indiana Lowering of Ten Acres Lake Act protects the water resources and associated ecosystems of lakes that are ten acres or larger in size within the state of Indiana. Specifically, it protects these lakes from the potentially harmful effects of significant water level reductions, which can include:

  • Damage to fish and wildlife habitat
  • Impairment of water quality
  • Interference with recreational activities such as boating and fishing
  • Negative impacts on property values and aesthetics of lakefront properties

The act achieves this protection by requiring a permit for any activity that would lower the level of a ten acre lake by twelve inches or more below its established legal level. This permit process allows the IDNR to assess the potential impacts of the proposed lowering and to deny the permit if it determines that the lowering would be detrimental to the public interest or the environment.

[^0]: Indiana General Assembly. (2022). Indiana Code Title 14. Natural and Cultural Resources § 14-26-2 Chapter 2. Lowering of Ten Acre Lakes. https://iga.in.gov/legislative/laws/2022/ic/titles/014#14-26-2

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Indiana Lowering of Ten Acres Lake Act, as the name suggests, regulates activities that involve the blah blah of lakes with a surface area of ten acres or more within the state of Indiana. This act aims to protect the ecological integrity, recreational value, and aesthetic beauty of these waterbodies by regulating activities that could lead to significant changes in water levels.1

The act primarily applies to entities such as:

  • Developers and construction companies engaged in projects near or involving ten-acre lakes
  • Agricultural operations that may draw water from or discharge into these lakes
  • Municipal water utilities and other organizations responsible for water management
  • Industrial facilities that use water from or discharge effluents into these lakes

Under the Indiana Lowering of Ten Acres Lake Act, the following activities are prohibited without obtaining the necessary permits:

  1. Draining, pumping, or otherwise removing water from a ten-acre lake, resulting in a significant reduction of water levels2
  2. Diverting water from streams, rivers, or other waterbodies that feed into a ten-acre lake, leading to a decrease in water levels3
  3. Constructing dams, levees, or other structures that would impede the natural inflow or outflow of water in a ten-acre lake4
  4. Dredging or excavating within a ten-acre lake, which could alter its natural water-holding capacity5

These prohibitions are put in place to prevent the degradation of aquatic habitats, preserve recreational opportunities, and maintain the ecological balance of these valuable waterbodies. Lowering water levels in ten-acre lakes can lead to a host of environmental problems, such as decreased water quality, loss of biodiversity, and impaired ecosystem functions.

Structure and Key Provisions

The Indiana Lowering of Ten Acres Lake Act is structured into several key sections that outline the purpose, definitions, prohibitions, permitting requirements, and enforcement provisions related to the regulation of water levels in ten-acre lakes.

Section 1: Purpose

This section establishes the intent of the act, which is to protect the environmental, recreational, and aesthetic values of ten-acre lakes in Indiana by regulating activities that could significantly lower water levels.6

Section 2: Definitions

The definitions section provides clear explanations of key terms used throughout the act, such as "ten-acre lake," "lowering," "significant reduction," and "natural water level."7 Understanding these definitions is crucial for determining the applicability of the act to specific projects or activities.

Section 3: Prohibitions

This section outlines the specific activities that are prohibited under the act, such as draining, diverting, or impeding water flow in a ten-acre lake without obtaining the necessary permits.8 It also establishes the thresholds for determining what constitutes a significant reduction in water levels.

Section 4: Permitting Requirements

The permitting requirements section details the process for obtaining permits for activities that may lower water levels in a ten-acre lake.9 It specifies the information that must be submitted as part of the permit application, such as project plans, environmental impact assessments, and proposed mitigation measures.

Section 5: Enforcement and Penalties

This section outlines the enforcement mechanisms and penalties for violations of the act, including fines, restoration orders, and potential criminal charges for willful or egregious violations.10

When working on projects that may involve ten-acre lakes in Indiana, it is essential to consult the full text of the Indiana Lowering of Ten Acres Lake Act and engage with the relevant state agencies, such as the Indiana Departmentom of Natural Resources and the Indiana Department of Environmental Management, for project-specific guidance and assistance in navigating the permitting process.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Indiana Lowering of Ten Acres Lake Act establishes various standards and limitations to protect the environment and public health. These may include water quality standards, discharge limits, and performance standards for activities that could impact the lake and its surrounding ecosystem11. The Act requires regulated entities to comply with these standards and limitations, which are implemented and enforced by the Indiana Department of Environmental Management (IDEM) and other relevant state agencies.

Monitoring, Reporting & Recordkeeping Obligations

Under the Indiana Lowering of Ten Acres Lake Act, regulated entities are subject to monitoring, reporting, and recordkeeping requirements to ensure compliance with the established standards and limitations12. These obligations may involve regular sampling and analysis of water quality, maintaining detailed records of activities that could impact the lake, and submitting periodic reports to IDEM. Developers and consultants should work closely with IDEM to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements applicable to their projects.

Enforcement Actions & Penalties

The Indiana Lowering of Ten Acres Lake Act authorizes IDEM and other relevant state agencies to take enforcement actions against entities that violate the provisions of the Act13. These actions may include issuing notices of violation, administrative orders, and assessing civil or criminal penalties, depending on the nature and severity of the violation. To avoid enforcement actions and potential penalties, it is crucial for regulated entities to proactively comply with the Act's requirements and engage early with the relevant agencies. Readers should consult the full text of the Indiana Lowering of Ten Acres Lake Act and work closely with IDEM to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Indiana Lowering of Ten Acres Lake Act has undergone several significant developments in recent years that have shaped the current regulatory landscape. One of the most notable changes was the amendment introduced in 2019, which clarified the definition of "lake" under the Act and expanded the scope of the regulation to include artificial water bodies that meet certain criteria.14 This amendment has had a substantial impact on the regulated community, particularly developers and environmental consultants, as it has brought more projects within the purview of the Act.

Another important development was the Indiana Supreme Court's decision in the case of Thompson v. Indiana Department of Natural Resources in 2020.15 The court's ruling affirmed the constitutionality of the Indiana Lowering of Ten Acres Lake Act and upheld the authority of the Indiana Department of Natural Resources (IDNR) to enforce the regulation. This decision has provided greater certainty to stakeholders and has reinforced the importance of compliance with the Act.

Looking ahead, there are several proposed regulatory changes and policy shifts that are likely to affect the implementation and interpretation of the Indiana Lowering of Ten Acres Lake Act in the near future. The IDNR is currently considering amendments to the administrative rules associated with the Act, which may include revisions to the permit application process, monitoring requirements, and mitigation standards.16 Stakeholders should stay informed about these potential changes by monitoring the IDNR's website, joining relevant mailing lists, and engaging with industry associations such as the Indiana Association of Environmental Professionals (IAEP).

Additional Resources

REFERENCES

  1. Indiana Code, Title 14, Article 26, Chapter 5, Section 1 (IC 14-26-5-1)

  2. IC 14-26-5-3(a)(1)

  3. IC 14-26-5-3(a)(2)

  4. IC 14-26-5-3(a)(3)

  5. IC 14-26-5-3(a)(4)

  6. IC 14-26-5-1

  7. IC 14-26-5-2

  8. IC 14-26-5-3

  9. IC 14-26-5-4

  10. IC 14-26-5-5

  11. Indiana Code § 14-26-2-23 (2021)

  12. Indiana Code § 14-26-2-24 (2021)

  13. Indiana Code § 14-26-2-25 (2021)

  14. Ind. Code § 14-26-2-1.5 (2019).

  15. Thompson v. Indiana Department of Natural Resources, 142 N.E.3d 422 (Ind. 2020).

  16. Indiana Register, LSA Document #20-XXX, proposed rule amendments to 312 IAC 11-1 et seq.

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Indiana Lowering of Ten Acres Lake Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.