HB 1031

Abstract

Provides that: (1) the natural resources commission (commission) has exclusive authority to establish standards for approval of; and (2) the department of natural resources has exclusive authority to determine whether to approve; the placement of a seawall or other permanent structure on or within the natural ordinary high water mark of Lake Michigan. Provides that a county, city, or town has no authority to regulate the construction or maintenance of seawalls and other permanent structures in or near Lake Michigan. Authorizes an owner of a private property located adjacent to Lake Michigan to remove sand that has accumulated on or near the private property and to remove unwanted vegetation from the beach on or near the private property according to rules or guidelines of the commission. Defines the term "recreational activity". Provides that the citizens of Indiana have a vested right to: (1) enjoy the natural scenic beauty of Lake Michigan; (2) enjoy and use the natural resources of Lake Michigan; and (3) use Lake Michigan for a recreational activity. Specifies that an owner of land that borders Lake Michigan does not have the exclusive right to use the water or land below the ordinary high water mark of Lake Michigan. Provides that the owner of a private property that is adjacent to Lake Michigan does not incur liability for an injury to an individual or damage to property: (1) that occurs when an individual is crossing the private property to enter, or upon leaving, the span of the beach in which the public has a vested right to engage in recreational activities; and (2) that is caused by an act or omission of the owner, except for an act of the owner constituting intentional misconduct. Allows the department of natural resources to identify an administrative ordinary high watermark on the land adjoining the waters of Lake Michigan in certain instances. Provides the commission with rulemaking authority in certain instances.