Public Notice

2-4-1 General Information
2-4-2 Notified Party(s)
2-4-3 Public Notice
2-4-4 Method of Service

• Personal
• 1st Class Mail
• Certified Mail
• Legal Publication

2-4-5 Examples

• Example Public Notice - Page 1
• Example Public Notice - Page 2
• Example Public Notice - Attachment
• Example "Affirmation of Personal Service, 1st Class Mail Service, or Certified Mail Service" Form
• Example Publisher's Affidavit

2-4 Public Notice:

Applicants are required to provide evidence that public notice has been provided to all adjacent property owner(s) according to the provisions contained in the Procedures Governing Certain Licenses Act and the Public Hearings Rule.

2-4-1 General Information:

A. The applicant or authorized agent must provide the Department with a public notice summary on the "Affirmation of Personal Service, 1st Class Mail Service, or Certified Mail Service" form N-4 which is provided with the application. The form may be photocopied for listing additional notified property owner(s). See also General Information - Public Notice.

2-4-2 Notified Party(s):

A. Provide the name(s) and complete mailing address(es) of all notified property owner(s) on the Department form N-4.

1. If the project site is owned by someone other than the applicant, provide the name(s) and complete mailing address(es) of the property owner(s).

2-4-3 Public Notice Document:

A. The Procedures Governing Certain Licenses Act and the Public Hearings Rule require that the public notice document include information on the overall project scope and the legal rights of the noticed party(s). Specifically, the document must contain:

1. the applicant's name, address and telephone number;
2. the agent's name, address and telephone number (if applicable);
3. the stream or lake name;
4. the project description;
5. the project location;
6. the relevant statute and/or rule;
7. the name, address and telephone number of the person to contact if questions arise regarding the project; and
8. instructions for:
   1. petitioning for an informal public hearing;
   2. requesting notice of the Department's initial determination; and
   3. appealing the Department's initial determination.

B. To ensure that the applicant's notice contains the required information, the Department provides an example public notice document with the application, N-2.

2-4-4 Method of Service:

A. On the Department form, indicate the method of service used to notify each property owner and the date on which the service was provided. The method may be varied between owner(s) dependent upon the level of documentation the applicant believes is warranted.

1. Personal:

If public notice was given to a property owner in person, mark the "personal service" box and state the service date. If you are using a mode of personal delivery, the effective date of the public notice is considered the date the public notice was delivered to the adjacent landowner.

2. 1st Class Mail:

If a property owner was notified by 1st class mail, mark the "1st class mail service" box and state the service date. As proof of notice to the owner, submit the "Certificate of Mailing", Postal Service Form 3817 stamped with the mailing date to the Department. By indicating service by 1st class mail, affirmation is being given that 21 days have passed since the mailing date and the notice was not returned as undelivered or undeliverable. If you use first class mail to provide public notice, the effective date of the public notice will be based on the actual postmark date. That 21 day period will be reflected on Form N-4 between the date mailed and the date that the form is signed.

Certificate of Mailing - Postal Form 3817

3. Certified Mail:

If certified mail was used to notify a property owner, mark the "certified mail service" box and state the service date. As proof of notice, submit the "Domestic Return Receipt", Postal Service Form 3811, (commonly known as the "green card"), signed by the property owner to the Department. If the public notice notification is mailed via certified mail, the Department will recognize the "Date of Delivery" as the effective date for the 30-day public notice period - not the postmarked date.

Domestic Return Receipt - Postal Form 3811

4. Legal Publication:

Public notice by legal publication may only be used in very specific situations. Prior to performing notice in this manner the applicant must contact the Permit Administration Section at (317) 233-5635 to discuss the method's suitability. If deemed appropriate, proof of notice is accomplished by submitting a copy of the notice and publisher's affidavit to the Department. If you are using a publication for public notice, the date of the publication must occur after the application is submitted to the Division of Water and will be considered the effective date.

B. The Public Hearings Rule states that expenses incurred due to the applicant's public notice are the applicant's responsibility.

2-4-5 Examples:

A. The following are examples of completed forms:

1. public notice page 1;
2. public notice page 2;
3. Example Public Notice - Attachment;
4. "Affirmation of Personal Service, 1st Class Mail Service, or Certified Mail Service" form; and
5. publisher's affidavit.
   

Public Notice Form Page 1

Public Notice Form Page 2

Example Public Notice - Attachment

Example "Affirmation of Personal Service, 1st Class Mail Service, or Certified Mail Service" Form

Example Publisher's Affidavit