After testing the waters for nearly a month, the Indiana General Assembly has decided not to wade into the issue of how to regulate the Lake Michigan shoreline.
Separate proposals pending in the House and Senate which, among other things, would have defined in state law the public-owned portion of the shoreline and identified some permitted recreational uses, were not called for votes prior to key deadlines Monday.
As a result, House Bill 1031 (http://iga.in.gov/legislative/2020/bills/house/1031) and Senate Bill 325 (http://iga.in.gov/legislative/2020/bills/senate/325) cannot advance further during the 10-week legislative session.
State Sen. Sue Glick, R-LaGrange, sponsor of Senate Bill 325, said lawmakers simply could not find a "workable" solution to preserve the portion of the shoreline owned by the state while addressing the concerns of lake-adjacent private property owners.
Glick said she plans to propose a state task force be created to focus on delineating the ordinary high-water mark — which separates the public and private portions of the shoreline — in such a way that beach users easily can understand where they are.
"This year we don't have much of anything to go by because we don't have much beach left," Glick said. "But that'll come back and we understand that, and we want to get this right because it's only fair to the people that live in that area and use that beach."
State Sen. Karen Tallian, D-Ogden Dunes, noted some lawmakers, who live nowhere near Indiana's most popular tourist attraction, sought to give away the state-owned Lake Michigan shoreline to nearby homeowners.
"Hoosiers shouldn't fret, though," Tallian said. "The Supreme Court's decision is still in place, and I will continue to try to make sure that Indiana Code reflects what the courts have ruled."
In 2018, the Indiana Supreme Court ruled in its landmark Gunderson v. State decision that Indiana owns, and always has, the shoreline of Lake Michigan up to the ordinary high-water mark.
That mark is defined as the line on the shore established by the fluctuations of water and indicated by physical characteristics, such as a clear and natural line on the bank, shelving or changes in the soil's character.
Within that area, individuals are entitled to use the beach for navigation, commerce, fishing, walking and other recreational purposes, according to the state's high court.
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