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IN SB0553
Bill
Status
2/26/2019
Primary Sponsor
Karen Tallian
Click for details
AI Summary
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Defines "Lake Michigan shore" as land between the water's edge and the ordinary high water mark, establishing it as held in public trust by Indiana for recreational use effective July 1, 2019
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Grants the Department of Natural Resources jurisdiction over the Lake Michigan shore and duty to protect public recreational rights, including fishing, swimming, walking, picnicking, sunbathing, and launching small nonmotorized watercraft
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Requires department regulation and permitting for construction of structures such as piers, seawalls, revetments, and marina facilities that extend onto the Lake Michigan shore
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Excludes commercial/industrial facilities operating under existing patent and fill permits and the Port of Indiana at Burns Harbor from the chapter's requirements
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Authorizes DNR to delegate enforcement authority to local governments through memoranda of understanding, while prohibiting activities that constitute public nuisances or interfere with others' recreational rights
Legislative Description
Right to use Lake Michigan shore for recreation. Defines "Lake Michigan shore" as the land along the edge of Lake Michigan between the water's edge and the ordinary high water mark. Provides that the Lake Michigan shore is held in trust by the state of Indiana for the use of the public. Provides that the department of natural resources (department) has: (1) jurisdiction over the Lake Michigan shore; and (2) the duty to protect the public's exercise of vested public rights in the Lake Michigan shore. Provides that the construction of structures that may extend onto the Lake Michigan shore is subject to regulation and permitting by the department. Provides that the public of Indiana has a vested right to use the Lake Michigan shore for certain recreational activities. Provides that the public of Indiana does not have a right to use the Lake Michigan shore to engage in an activity that: (1) constitutes a public nuisance; or (2) interferes with the exercise by other members of the public of their right to engage in the recreational activities that the public has a right to engage in. Authorizes the department to delegate concurrent authority to a unit of local government to regulate and enforce the right of the public to use the Lake Michigan shore for recreational activities.
Last Action
First reading: referred to Committee on Judiciary
3/7/2019