Proposed Rules
A "rule" is the whole or any part of a state agency statement of general applicability that: (1) has or is designated to have the effect of law; and (2) implements, interprets, or prescribes: (A) law or policy; or (B) the organization, procedure, or practice requirements of the state agency. (IC 4-22-2-3)
Public Comment on Proposed Rule Amendments
The Natural Resources Commission adopted nonrule policy document, Information Bulletin #55. The primary purpose of this bulletin is to encourage consistency, transparency and efficiency in the development of hearing officer reports by employees of the Division of Hearings to the Natural Resources Commission. Information Bulletin #55 clarifies that citizens must identify themselves when filing comments in order for those comments to be included in a report or to be considered by a hearing officer in an analysis.
Proposed Rules Open for Public Comment
The Commission's Division of Hearings uses an unofficial checklist to assist with rule adoptions. An abbreviated form of the checklist is included as an informal reference.
NOTE 1: The link following each rule proposal entitled "Comment on Proposed Rule" will take you to the comment form page; however, this form does not allow attachments. If you wish to supplement your comment, please forward attachments to nrcrules@nrc.in.gov. Include the corresponding rule title (as listed below) in your email's subject line.
NOTE 2: Personal, contact and any other information you provide on this comment form or in an attachment will be provided to the Natural Resources Commission, the Department of Natural Resources, and will be publicly disclosed and searchable on the Internet and in a paper docket.
- Deer Creek Idle Zone (LSA #09-210) Amends 312 IAC 5-7-6 to establish a revised idle zone on Deer Creek in Perry County. [COMMENT PERIOD IS CLOSED.]
- Firearms - Consolidated DNR Property Use (LSA #09-470) Amends 312 IAC 8-2-3 governing the use of firearms, hunting, and trapping on DNR properties. use of alternative targets is uathorized at supervised shooting ranges, if the Department of Natural Resources determines the use would not pose a hazard to public safety. A possible ambiguity, which was occasioned by recent rule modifications to standards for the possession of firearms, is resolved regarding discharge of firearms. [COMMENT ON PROPOSED RULE]
- Fish Attractors on DNR Property (LSA # Not Yet Assigned) Adds 312 IAC 8-2-4.5 to require a license from a property manager before the placement of a fish attractor on a DNR property. Establishes standards for license review. [COMMENT ON PROPOSED RULE]
- Fish and Wildlife: Wild Animals, Mammals and Birds (LSA #09-479) (2nd Technical Rule Package) This proposal is the second package of proposed rule amendments making technical changes to rules governing fish wildlife: definitions, restrictions and standards governing wild animals, mammals (except deer), and birds. The rule amendments reorder language for improved clarity, simplicity, and continuity. [COMMENT ON PROPOSED RULE]
- Fish and Wildlife: Youth Deer Season (LSA #09-60) The amendment to 312 IAC 9-3-4 will allow a youth hunter take either an antlered or antlerless deer during the special youth deer season. [COMMENT PERIOD IS CLOSED.]
- Flood Control Revolving Fund (LSA #09-199) Adds 312 IAC 27 to assist with the implementation flood control revolving fund, a low-interest loan to local units of government to build or repair flood control works. [COMMENT PERIOD IS CLOSED.]
- Game Breeder Licenses (LSA #09-486) Amends 312 IAC 9-10-4 governing game breeder licenses to clarify requirements for the housing and sale of wild animals possessed under the license, including white-tailed deer. [COMMENT ON PROPOSED RULE]
- Prospecting in Waterways (LSA #09-80) Amends 312 IAC 6 for navigable water and amends 312 IAC 10 for nonnavigable water to address general licenses and individual licenses for prospecting for hard mineral resources. [COMMENT PERIOD IS CLOSED.]
- Public Freshwater Lake Pier Amendments (LSA #09-856) Amends 312 IAC 11 governing the placement of structures on public freshwater lakes to provide new standards pertaining to the placement of group piers. Incorporates by reference a nonrule policy document, which assists with the identification of riparian zones, for use as guidance in performing the functions of IC 14-26-2 (sometimes called the “Lakes Preservation Act”). Requires written approval, and not mere acquiescence, from a riparian owner for a person who is not a riparian owner to place a structure. Authorizes parties to elect, during a prehearing conference or similar stage of a proceeding, to opt out of mediation. Makes technical and clerical changes. [COMMENT ON PROPOSED RULE]
Petition for Rule Change
The Commission has developed a process by which a person may petition for a rule change for rules within the Commission's jurisdiction. Included is any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.
