(A) The construction of new stairs or the repair or replacement of legally existing permanent stairs are permissible provided that the stairs are constructed or repaired with either sturdy metal, concrete, or heavy landscaping stone.
(B) The construction of new or the repair or replacement of legally existing stairs over shore protection structures that project onto the public trust property are allowable, subject to the following restrictions:
(1) Stairs attached by any means to the lakeside of seawalls located on private property must be parallel to the seawall and shall not extend greater than 42 inches from the base of the seawall onto the public trust.
(2) Stairs over revetments located on private property shall be limited to 42 inches from the lakeside of the base of the revetment.
(3) Retractable stairs from the top of a shore protection shall not project onto the public trust property by more than 42 inches.
(4) No other structures that connect to or project onto the public trust property shall be built north of the base of a shore protection structure.
(5) Stairs over dunes on private properties without shore protection structures shall be limited to 42 inches from the NOHWM as these stairs tend to protect the natural dunes that serve as protection for lakeshore properties.
(C) Notwithstanding any other provision in this section, all construction of new or the repair or replacement of legally existing stairs shall also be subject to the following requirements:
(1) The construction, repair, or replacement of legally existing stairs shall be subject to Indiana Department of Natural Resources and/or Army Corps requirements and/or permits if such stairs protrude or encroach onto the public trust property or otherwise are within the jurisdiction of those agencies; and the property owner shall provide the town with written authorization, permits, and related documentation from the Indiana Department of Natural Resources and/or the Army Corps of Engineers evidencing that the property owner has authority to proceed.
(2) Wooden stairs are strictly prohibited.
(3) A property owner must obtain a permit from the town in order to construct, repair, or replace any stairs, regardless of the value of the project or whether authority is required of any other governing authority.
(Ord. 2021-13, passed 9-13-21)