Joe Hoage, general counsel for the Indiana Department of Natural Resources has emailed the Wawasee Property Owners Association, Steve Snyder, attorney and local media, responding to discussions regarding an agreed order. This letter has compounded confusion on what is the law.

Snyder, attorney who originally questioned the statute, is looking at the process to clarify matters.

The following is the letter sent by Hoage:

“I write to you in response to recent discussions that have taken place regarding the Agreed Order entered into by the Department of Natural Resources and property owners Anchor LLC and Randall J. Tobias and Sargent H P LLC. A copy of the Agreed Order is enclosed for your reference.

“In November 2013, the property owners applied for a permit from the DNR to place posts offshore of their properties. The posts were intended to support signs with language regarding the mooring or anchoring of boats within 200 feet of the shoreline. The DNR denied the permit request on grounds that the posts would create a navigational hazard for the boating public.

“The property owners appealed the DNR’s denial to the Natural “Resources Commission, an autonomous board that addresses issues pertaining to the Indiana Department of Natural Resources. The NRC assigned an administrative law judge to hear the appeal. In May 2014, the parties reached a settlement agreement approved by the administrative law judge that allows for the placement of temporary buoys 175 feet from the respective shorelines. The buoys are required to be of a material that, if struck by a watercraft, would cause little or no damage. The agreement further provides that the landowners may place signs on the buoys; the DNR is without authority to regulate what language the property owners post on signage in his or her respective riparian zone. The Agreed Order applies solely to the parties named in the order.

“The Indiana Lakes Preservation Act, IC 14-26-2, provides that the natural resources and the natural scenic beauty of Indiana are a “public right” and that the public has a “vested right” in the preservation, protection, and enjoyment of all freshwater lakes in Indiana. As part of the Agreed Order, the parties agreed that while the public has a vested right in all freshwater lakes, there are certain restrictions to that right. Specifically, IC 14-15-3-17 limits the operation of a motorboat within 200 feet of the shoreline of a public freshwater lake to those activities stated in the statute.

“As it has consistently enforced in the past, it is the DNR’s position that a motorboat that is moored or anchored is not in operation for the purposes of IC 14-15-3-17. As a result, the Department will continue to not take action against any individual who has moored or anchored his or her boat within 200 feet of shoreline, provided the individuals onboard have abided by all other applicable operating laws in arriving at that point. At the same time, the DNR will promptly and diligently respond to any call that advises that anchored or moored boats are preventing egress or ingress from a citizen’s property or where occupants of the moored or anchored boats are coming upon the shoreline and trespassing on private property. The DNR will also respond to complaints that the occupants of the watercraft are littering and/or violating any other applicable infraction or law. We have received communication from the Kosciusko County Sheriff’s Department, who has advised that after reviewing the Agreed Order and applicable statutes, their interpretation of IC 14-15-3-17 will remain unchanged and consistent with the DNR; that an individual is not prohibited from anchoring within 200 feet of the shoreline of any public freshwater lake.

“As noted, the Agreed Order applies solely to the parties named in the order. Pursuant to 312 IAC 11-3-1, property owners may place a buoy out to 150 feet of their property without first seeking a permit from the DNR. Any buoys placed that do not comply with the general license requirements of 312 IAC 11-3-1 would be required to first seek a permit from the DNR.”