An application made to the Indiana Department of Natural Resources asking to permit installation of posts in the water of Lake Wawasee was denied last week. Peter Nicholas, Anchor Holdings LLC, Boston, and Randall L. Tobias and Sargent HP LLC, Carmel, represented by the law firm Snyder Morgan LLP, Syracuse, made the request to prevent boaters from anchoring within 200 feet of his property’s shoreline. The shoreline they own is at Nicholas’ 7491 E. Eli Lilly Road, and Tobias’ 7313 and 7356 E. Eli Lilly Road, Syracuse, locations. The permit request, received by the IDNR Dec. 2, states, “Six posts, each less than 3-1/2 inches in diameter, will be placed in the lake approximately 186 feet from the shoreline for the purpose of posting ‘Mooring or anchoring a boat within 200 feet of this shoreline is illegal’ signs. Each post will extend approximately 3-1/2 feet above the legal lake level.” Details of the project are contained in information and plans received at the Division of Water Dec. 2 and Jan. 31, according to the department. The request was denied Feb. 28, but it is being appealed. Wednesday, attorney Stephen Snyder said that the decision would be appealed based on an Indiana law that “is a specific state statute saying it’s illegal to anchor a boat within 200 feet of the shoreline. There are only two things that are allowed, and they are trolling and approaching or leaving the shore or dock, according to IN-14-15-3-17. “I’ve been trying for over 35 years for the DNR to enforce this,” he continued. Now he is taking the case to the Indiana Natural Resources Commission, which will be represented by administrative law judge Steven Lucas who will preside over the appeal hearing. “The application was subject to an internal review, not a hearing,” he said. Now the arguments can be presented before a judge. When asked about the permit appeal, IDNR District 1 Lt. John Karris said questions should be addressed to the Division of Waters in Indianapolis who administers permits. As for anchoring, he said only that “Public waters are for the public’s use.” He explained his take on the statute was that it was written more to address the way boats are used (in the area from shore out 200 feet), or “how you intend to operate a motor boat there.” He said it’s a concentrated area so activity, such as speed, should be restricted. “The speed limit there is idle or 5 mph,” he added. A pre-hearing conference has been scheduled for April 17 at the commission’s regional office in Columbia City. The judge can affirm, reject or modify the request. If the request is denied, Snyder said it can then be appealed to the court – in either Kosciusko or Marion counties.
