Post by esshup on May 3, 2022 11:28:29 GMT -5
Thank you for posting this:
Aerators placed on public waters is addressed under Indiana Administrative Code under 312 IAC 11. The administrative code allows for the placement of aerators from March to October with certain requirements. To place an aerator at any other time of year will require a permit as outlined in 312 IAC 11. I have posted the Indiana Administrative Code Below.
312 IAC 11-2-1.5 "Aerator" defined
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-8; IC 14-15; IC 14-26-2
Sec. 1.5. "Aerator" means a mechanical device placed within a public freshwater lake that is used to accomplish any of the following:
(1) Increase the amount of dissolved oxygen in the water.
(2) Increase the decomposition of organic materials.
(3) Alter water flow or circulation.
(4) Reduce icing.
(5) Enhance audio or visual enjoyment by bubbling or spraying water.
312 IAC 11-3-1.2 General licenses for aerators
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-15; IC 14-26-2
Sec. 1.2. (a) This section establishes terms for a general license to place and maintain an aerator.
(b) A person who acts under this section is not required to complete an application or to obtain a written license from the department under IC 14-26-2 and this rule. A person who wishes to place or maintain an aerator, which does not qualify under this section, must obtain a written license in advance of placement.
(c) To qualify for the general license, a person must satisfy each of the following requirements:
(1) Limit operation of the aerator to March through October.
(2) For March, post and maintain a sign at the site of the aerator that does each of the following:
(A) States "beware thin ice" in black lettering clearly visible to an approaching person.
(B) Includes a standard illustration in black for thin ice, upon a reflective yellow background, within a black triangle.
(C) Substantially conforms to the following illustration:
(3) Limit the effects of the aerator to a distance that does not:
(A) exceed one hundred fifty (150) feet from the shoreline or water line of the public freshwater lake; or
(B) extend beyond the boundaries of the person's riparian zone.
(4) Operate the aerator to accomplish both of the following:
(A) Minimize the disturbance of bottom sediments.
(B) Not diminish water clarity.
(5) Operate the aerator so it does not unduly infringe on the recreational usage of the lake by adjacent landowners or the public.
(6) Operate the aerator so that it does not remove more than six hundred twenty-five (625) square feet of aquatic vegetation.
(7) Cause the aerator to be the following:
(A) Readily inoperable or removable.
(B) Secure from movement caused by water currents, wind, or similar factors.
Now in plain common day English that a non-attorney can understand, can you explain how I go about applying for a license to operate a de-icing aerator from October through March?
i.e. where do I get the permit application for said de-icer (a link to the application or a phone number for a specific person that knows about the permit application) would be nice.
The de-icing aerator would fall under everything listed under 312 IAC 11-3-1.2 with the exception of the time of the year.
Aerators placed on public waters is addressed under Indiana Administrative Code under 312 IAC 11. The administrative code allows for the placement of aerators from March to October with certain requirements. To place an aerator at any other time of year will require a permit as outlined in 312 IAC 11. I have posted the Indiana Administrative Code Below.
312 IAC 11-2-1.5 "Aerator" defined
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-8; IC 14-15; IC 14-26-2
Sec. 1.5. "Aerator" means a mechanical device placed within a public freshwater lake that is used to accomplish any of the following:
(1) Increase the amount of dissolved oxygen in the water.
(2) Increase the decomposition of organic materials.
(3) Alter water flow or circulation.
(4) Reduce icing.
(5) Enhance audio or visual enjoyment by bubbling or spraying water.
312 IAC 11-3-1.2 General licenses for aerators
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-15; IC 14-26-2
Sec. 1.2. (a) This section establishes terms for a general license to place and maintain an aerator.
(b) A person who acts under this section is not required to complete an application or to obtain a written license from the department under IC 14-26-2 and this rule. A person who wishes to place or maintain an aerator, which does not qualify under this section, must obtain a written license in advance of placement.
(c) To qualify for the general license, a person must satisfy each of the following requirements:
(1) Limit operation of the aerator to March through October.
(2) For March, post and maintain a sign at the site of the aerator that does each of the following:
(A) States "beware thin ice" in black lettering clearly visible to an approaching person.
(B) Includes a standard illustration in black for thin ice, upon a reflective yellow background, within a black triangle.
(C) Substantially conforms to the following illustration:
(3) Limit the effects of the aerator to a distance that does not:
(A) exceed one hundred fifty (150) feet from the shoreline or water line of the public freshwater lake; or
(B) extend beyond the boundaries of the person's riparian zone.
(4) Operate the aerator to accomplish both of the following:
(A) Minimize the disturbance of bottom sediments.
(B) Not diminish water clarity.
(5) Operate the aerator so it does not unduly infringe on the recreational usage of the lake by adjacent landowners or the public.
(6) Operate the aerator so that it does not remove more than six hundred twenty-five (625) square feet of aquatic vegetation.
(7) Cause the aerator to be the following:
(A) Readily inoperable or removable.
(B) Secure from movement caused by water currents, wind, or similar factors.
Now in plain common day English that a non-attorney can understand, can you explain how I go about applying for a license to operate a de-icing aerator from October through March?
i.e. where do I get the permit application for said de-icer (a link to the application or a phone number for a specific person that knows about the permit application) would be nice.
The de-icing aerator would fall under everything listed under 312 IAC 11-3-1.2 with the exception of the time of the year.
