Sec. 11. (a) The commission may adopt rules under IC 4-22-2 to exempt a small lake containing more than seventy (70) acres from section 10 of this chapter if the following conditions exist:

(1) A majority of the abutting property owners petitions the commission as provided in this section.

(2) An unreasonable hazard to persons would not result.

(3) An unreasonable harm to fish, wildlife, or botanical resources would not result.

     (b) A petition under this section must specify one (1) of the following periods for exemption from section 10 of this chapter:

(1) Each day of the week (Sunday through Saturday) from 1 p.m. to 4 p.m. (local time prevailing).

(2) Monday, Thursday, and Saturday from 1 p.m. to 4 p.m. (local time prevailing).

(3) Saturday from 1 p.m. to 4 p.m. (local time prevailing).

(4) Each day of the week (Sunday through Saturday) from sunrise to sunset if the small lake is owned, leased, or operated in whole or in part by a political subdivision (as defined in IC 36-1-2-13).

(5) Each day of the week (Sunday through Saturday) from sunrise to sunset if the small lake is connected by a natural channel to a lake having a surface area of more than three hundred (300) acres.

     (c) The commission may not establish a period that deviates from the period requested in the petition. However, the commission may adopt rules to establish restrictions for the safe operation of watercraft if unusual conditions or hazards would otherwise result by granting the exemption.

     (d) The commission may adopt rules under IC 4-22-2 to rescind or amend an exemption granted under subsection (a) if:

(1) a majority of the abutting property owners of a small lake that has been exempted under this section petitions the commission in substantial accordance with the appropriate corresponding requirements of subsection (f) to rescind the exemption; or

(2) the commission determines that because of the exemption:

(A) there is an unreasonable hazard to persons; or

(B) unreasonable harm to fish, wildlife, or botanical resources is occurring.

     (e) Before the adoption of a rule under subsection (a), the commission must certify that the petition represents a majority of the abutting property owners. A determination under this subsection is subject to IC 4-21.5.

     (f) A petition under this section must be in the following form:

To the State of Indiana

Department of Natural Resources

     The undersigned, all owners of abutting property to (name of lake) and situated in ___________ County, Indiana, petition the department to post time periods exempting (name of lake) from speed limits as specified in IC 14-15-3-10 as follows:

     (Petition to specify one (1) of the time periods listed above.)

     We certify that, according to land and water acreage maps on file with the department or certified survey attached, (name of lake) is less than three hundred (300) acres and more than seventy (70) acres, as specified in IC 14-15-3 and that the signatures listed on this petition represent a majority of bona fide property owners of abutting property of (name of lake), as recorded in the office of the county recorder of (name of county). The department may verify the validity of the signatures. We also understand and agree that this petition, when certified, may not be changed or altered within two (2) years from the date of the certification.

[Pre-1995 Recodification Citation: 14-1-1-24(b), (c), (d), (f), (g).]

As added by P.L.1-1995, SEC.8.