Sec. 10. (a) This section does not apply to the following:
(1) A privately owned lake, farm pond, or public or private drainage ditch.
(2) A landowner or tenant adjacent to public waters or boundary waters of the state, who chemically, mechanically, or physically controls aquatic vegetation in the immediate vicinity of a boat landing or bathing beach on or adjacent to the real property of the landowner or tenant if the following conditions exist:
(A) The area where vegetation is to be controlled does not exceed:
(i) twenty-five (25) feet along the legally established, average, or normal shoreline;
(ii) a water depth of six (6) feet; and
(iii) a total surface area of six hundred twenty-five (625) square feet.
(B) Control of vegetation does not occur in a public waterway of the state.
(b) A person may not chemically, mechanically, physically, or biologically control aquatic vegetation in the public waters or boundary waters of the state without a permit issued by the department. All procedures to control aquatic vegetation under this section shall be conducted in accordance with rules adopted by the department under IC 4-22-2.
(c) Subject to IC 14-22-2-10, upon receipt of an application for a permit to control aquatic vegetation and the payment of a fee of five dollars ($5), the department may issue a permit to the applicant. However, if the aquatic vegetation proposed to be controlled is present in a public water supply, the department may not, without prior written approval from the department of environmental management, approve a permit for chemical control of the aquatic vegetation.
(d) This section does not do any of the following:
(1) Act as a bar to a suit or cause of action by a person or governmental agency.
(2) Relieve the permittee from liability, rules, restrictions, or permits that may be required of the permittee by any other governmental agency.
(3) Affect water pollution control laws (as defined in IC 13-11-2-261) and the rules adopted under water pollution control laws (as defined in IC 13-11-2-261).
[Pre-1995 Recodification Citation: 14-2-5-10.]
As added by P.L.1-1995, SEC.15. Amended by P.L.1-1996, SEC.64; P.L.19-2002, SEC.1; P.L.195-2017, SEC.9.
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