SB 321

Bill Subjects

Civil Actions, Immunity And Exemption From Liability Lakes And Ponds Natural Resources, State Department Of Parks And Campgrounds Property

Abstract

Provides that the public of Indiana has a vested right to engage in recreational activities: (1) from the water's edge of Lake Michigan to the natural ordinary high water mark, unless the natural ordinary high water mark is farther inland than the boundary of a private property; and (2) if the natural ordinary high water mark is farther inland than the boundary of a private property, from the water's edge: (A) to five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan; or (B) if the boundary of the private property is less than five feet beyond the point where the sand on the shore is visibly wet from the water of Lake Michigan, to the boundary of the private property. Provides that the State of Indiana recognizes the existence of private property below the natural ordinary high water mark of Lake Michigan where the legal description of a private property in the most recent deed recorded in the county recorder's office indicates that the private property extends below the natural ordinary high water mark. Provides that where a private property extends below the natural ordinary high water mark, the State of Indiana relinquishes its ownership of the shore of Lake Michigan with respect to the part of the private property extending below the natural ordinary high water mark. Provides that "recreational activities" includes walking, jogging, and other activities in which the participants occupy a space on the beach only temporarily, but does not include lying on the beach, camping, and other non-transient activities. 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. 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.