36-1-29-6. “Owner”
Sec. 6. As used in this chapter, “owner” means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan. As added by P.L.164-2020, SEC.64.
36-1-29-7. “Permit”
Sec. 7. As used in this chapter, “permit” has the meaning set forth in IC 36-7-4-1109(b). As added by P.L.164-2020, SEC.64.
36-1-29-8. “Private Property”
Sec. 8. As used in this chapter, “private property” means real property that is not owned or leased by the state or a political subdivision. As added by P.L.164-2020, SEC.64.
36-1-29-9. “Real Property”
Sec. 9. As used in this chapter, “real property” includes any improvements to real property. As added by P.L.164-2020, SEC.64.
36-1-29-10. Seawalls and Revetments; Repair; Construction; Temporary Structures
Sec. 10. (a) An owner of private property who is subject to the jurisdiction of a local governmental agency in a county subject to this chapter may: (1) subject to applicable state laws and administrative rules, local ordinances, and section 11 of this chapter, in the case of an emergency, repair an existing seawall or […]
36-1-29-11. Repair of Existing Seawalls and Revetments
Sec. 11. In accordance with applicable state laws, state administrative rules, and local ordinances, the repair of an existing seawall or revetment may include placing seawalls or revetments into the waters of Lake Michigan where the water is already coming into contact with those seawalls or revetments as long as the seawall or revetment repair […]
36-1-29-12. Construction of New Seawalls or Revetments
Sec. 12. In accordance with applicable state laws, state administrative rules, and local ordinances, the owner of private property may construct a new seawall or revetment on the private property in a location in which the new seawall or revetment can reasonably be expected to provide protection to the property. As added by P.L.164-2020, SEC.64.
36-1-29-13. Contiguous Seawalls
Sec. 13. A seawall may be contiguous to another seawall if making one (1) or more seawalls contiguous does not interfere, obstruct, or otherwise inhibit the public’s ability to use a public access point or easement that provides access to the shore of Lake Michigan and all parts of the seawall are on private property. […]
36-1-29-14. Permits; Application and Approval
Sec. 14. Not later than ten (10) business days after a person submits a completed application for an emergency seawall or revetment permit and meets all required conditions, a local governmental agency shall: (1) approve; or (2) deny; the person’s application for the emergency permit. If a local governmental agency does not approve or deny […]
36-1-29-15. Denial of Permit by Local Governmental Agency; Reapplication
Sec. 15. If a local governmental agency denies the emergency seawall or revetment permit, the local governmental agency shall provide the reasons for the denial in a single response to the person. A person may submit not more than one (1) completed reapplication for an emergency seawall or revetment permit that lists reasons why the […]