Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 1. The department shall do the following: (1) Collect, digest, and classify information respecting forests, timber land, forest preservation, and timber culture. (2) Recommend plans and methods for forest preservation and timber culture and for the establishment of state for…

Sec. 2. The department shall annually, on or before December 1, file with the governor a report of the information, plans, and methods prepared under section 1 of this chapter. [Pre-1995 Recodification Citation: 14-5-1-1 part.] As added by P.L.1-1995, SEC.16.

Sec. 1. The division director may cooperate with a person in Indiana to locate, check, or eradicate a pest or pathogen. [Pre-1995 Recodification Citation: 14-7-3-1.] As added by P.L.1-1995, SEC.17.

Sec. 2. The division director may, on behalf of the department, enter into a cooperative agreement with the United States government, the government of another state, or an agency of the United States or another state to carry out this article. [Pre-1995 Recodification Citation: …

Sec. 3. The division director shall periodically cause to be prepared and disseminated a pamphlet describing a pest or pathogen that is significant in Indiana. The pamphlet must indicate how to detect a pest or pathogen and what methods may lawfully be used for control and treatm…

Sec. 4. The division director shall aid and assist in the development and protection of the bee and honey industry in Indiana. [Pre-1995 Recodification Citation: 14-7-3-4.] As added by P.L.1-1995, SEC.17.

Sec. 5. The division director shall initiate appropriate emergency action to implement this article. Appropriate emergency action under this section includes the following: (1) Orders to treat a pest or pathogen. (2) Orders to prevent the movement or to require the destruction of…

Sec. 1. (a) Except as provided in section 8 of this chapter, the commission may provide certain minimum quantities of stream flow or sell water on a unit pricing basis for water supply purposes from the water supply storage in reservoir impoundments or parts of the impoundments t…

Sec. 10. The commission may enter into contracts under this chapter to provide certain minimum quantities of stream flow or to provide water on a measured basis in an area described in section 8 of this chapter. However, the opposite party to the contract is not required to pay c…

Sec. 11. (a) As used in this section, "conservancy district" refers to a conservancy district established under IC 14-33 or under IC 13-3-3 (before its repeal) for the purpose of furnishing water supply for domestic, industrial, and public use. (b) The state may not obtain compen…

Sec. 2. (a) Except as provided in section 8 of this chapter and subject to section 2.5 of this chapter, the commission may contract with a person for the provision of certain minimum quantities of stream flow or for the sale of water on a unit pricing basis. A contract for the pr…

meeting; affected water utilities Sec. 2.5. (a) As used in this chapter, "water utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); (3) a not-for-profit utility (as defined in IC 8-1-2-125(a)); (4) a c…

Sec. 3. A contract for the sale of water on a unit pricing basis that is entered into under this chapter or under IC 13-2-1-7 (before its repeal) after June 30, 1991, must provide for compensation to the state at the rate of not less than thirty-three dollars ($33) per one millio…

Sec. 4. (a) As used in this section, "fund" refers to the water resources development fund created by this section. (b) The water resources development fund is created. Money paid to the state under a contract entered into under this chapter shall be deposited in the fund. (c) Th…

Sec. 5. The commission shall adopt rules under IC 4-22-2 that are considered necessary for the proper administration of the following: (1) The water resources development fund. (2) This chapter. [Pre-1995 Recodification Citation: 13-2-1-7(d) part.] As added by P.L.1-1995, SEC.18.…

Sec. 6. The commission may, subject to the approval of the budget agency, employ personnel necessary for the efficient administration of this chapter. [Pre-1995 Recodification Citation: 13-2-1-7(d) part.] As added by P.L.1-1995, SEC.18.

Sec. 7. Except as provided in section 8 of this chapter, a contract for the sale of water on a unit pricing basis that was entered into under this chapter before July 1, 1991, is binding upon the commission. However, notwithstanding the terms of the contract, the rate of compensa…

Sec. 8. The state may not require compensation for water that: (1) comes from a reservoir impoundment financed by the state; and (2) is provided to water users in an area in which the outlet of the reservoir impoundment has been the primary source of water for domestic, industria…

Sec. 1. This chapter does not apply to the following: (1) Lake Michigan. (2) Land under the waters of Lake Michigan. (3) Any part of the land in Indiana that borders on Lake Michigan. [Pre-1995 Recodification Citation: 13-2-11.1-9.] As added by P.L.1-1995, SEC.19.…

Sec. 1.2. As used in this chapter, "acquiescence" means consent without conditions, tacit or passive compliance, or acceptance. As added by P.L.6-2008, SEC.3.

Sec. 1.5. As used in this chapter, "lake" means a reasonably permanent body of water that: (1) existed on March 12, 1947; (2) is substantially at rest in a depression in the surface of the earth that is naturally created; (3) is of natural origin or part of a watercourse, includi…

Sec. 10. (a) Notwithstanding any other provision of law but subject to section 11 of this chapter, the department may not authorize: (1) the changing of the level; (2) the dredging, other than to maintain channels or construct sea walls, beaches, or near-shore access improvements…

Sec. 11. (a) This section applies to a private lake that lies wholly or in part within any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (b) Sand m…

Sec. 12. (a) The department may not issue a permit for the construction of a channel into a public freshwater lake unless: (1) the channel follows the path of a stream already in existence; or (2) the applicant proves that fifty-one percent (51%) of the property owners abutting t…

Sec. 13. As a condition precedent to action by the department, written approval by the department of environmental management must be obtained for the construction of sewage disposal facilities for housing developments of at least five (5) lots if the developments are an integral…

Sec. 14. (a) This section applies to an off-stream, privately owned pond, lake, reservoir, or other body of water designed and constructed primarily for the reduction or control of pollutants or cooling before discharge of the water into the public water of Indiana. (b) A body of…

Sec. 14.5. (a) For purposes of determining the acquiescence of a riparian owner to allow the public use of a lake, indicators of acquiescence include the following: (1) Evidence that the general public has used the lake for recreational purposes. (2) Evidence that the riparian ow…

Sec. 15. (a) This section applies to impoundments of the Tippecanoe River that are formed by a dam or control structure owned and operated by a public utility for the generation of hydroelectric power. However, this section does not restrict the department's ability to regulate t…

Sec. 16. (a) As used in this section, "water supply reservoir" means a body of water formed by a dam wholly owned and operated by a municipality or a public utility (as defined in IC 8-1-2-1) for the purpose of providing water utility service to the public. The term does not incl…

Sec. 17. (a) Subject to subsection (b), a permit issued under this chapter expires two (2) years after the permit is issued. (b) The commission may adopt rules under IC 4-22-2 providing that a type of permit specified in the rules expires more than two (2) years after it is issue…

Sec. 18. The person to whom a permit is issued under this chapter shall do the following: (1) Post the permit at the site of the activity authorized by the permit. (2) Keep the permit posted at the site where the activity is authorized until the activity is completed. [Pre-1995 R…

Sec. 19. The department may seek relief under IC 14-25.5-4 for the violation of this chapter. [Pre-1995 Recodification Citation: 13-2-11.1-12.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.4.

Sec. 2. As used in this chapter, "natural resources" means the water, fish, plant life, and minerals in a public freshwater lake. [Pre-1995 Recodification Citation: 13-2-11.1-1 part.] As added by P.L.1-1995, SEC.19.

Sec. 20. The department may bring an action under IC 14-25.5-4 for damages caused by a person who violates this chapter. [Pre-1995 Recodification Citation: 13-2-11.1-13.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.5.

Sec. 21. A person who violates section 7 or 23 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 13-2-11.1-14.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.6; P.L.195-2014, SEC.32.

Sec. 22. In addition to other penalties prescribed by this chapter or IC 13-2-11.1 (before its repeal), the director may impose a civil penalty of not more than ten thousand dollars ($10,000) under IC 14-25.5-4 for a violation of section 7 or 23 of this chapter. [Pre-1995 Recodif…

mediation; civil enforcement Sec. 23. (a) Unless a person obtains a permit from the department under this section and conducts the activities according to the terms of the permit, a person may not conduct the following activities: (1) Over, along, or lakeward of the shoreline or …

Sec. 25. (a) The owner or owners of the entire shoreline or water line of: (1) a lake; (2) a pond; or (3) another reasonably permanent body of water that is substantially at rest; may petition the department to declare the body of water a public freshwater lake. (b) If the depart…

Sec. 3. (a) As used in this chapter, "public freshwater lake" means a lake that has been used by the public with the acquiescence of a riparian owner. (b) The term does not include the following: (1) Lake Michigan. (2) A lake lying wholly or in part within the corporate boundarie…

Sec. 4. As used in this chapter, "shoreline or water line" means: (1) if the water level has been legally established, the line formed on the bank or shore by the water surface at the legally established average normal level; or (2) if the water level has not been legally establi…

Sec. 5. (a) As used in this section, "natural scenic beauty" means the natural condition as left by nature without manmade additions or alterations. (b) As used in this section, "recreational purpose" means the following: (1) Fishing. (2) Boating. (3) Swimming. (4) The storage of…

[Pre-1995 Recodification Citation: 13-2-11.1-3(a).] As added by P.L.1-1995, SEC.19. Repealed by P.L.152-2006, SEC.4.

prohibited Sec. 7. (a) This section applies to a public freshwater lake, regulated or otherwise, that covers an area of at least ten (10) acres. (b) A person may not order or recommend the: (1) construction; (2) reconstruction; (3) recleaning; or (4) repair; of a ditch, dam, or o…

Sec. 8. Accretion rights in public freshwater lakes are limited to land from which the waters have receded or may recede from natural causes only. Accretion rights do not accrue to a riparian landowner as a consequence of lowering the public freshwater lake level by any of the fo…

[Pre-1995 Recodification Citation: 13-2-11.1-5.] As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.69. Repealed by P.L.152-2006, SEC.4.

Sec. 1. A person, an officer, a corporation, a limited liability company, or an association authorized by law to maintain, protect, or repair a levee constructed under Indiana law may purchase for the use of the levee the real property that is necessary, in the opinion of the per…

Sec. 2. A person who knowingly rides or drives upon or over a levee constructed under law, except for the purpose of: (1) passing over the levee: (A) at a public or private crossing; or (B) upon a part of a public highway; or (2) inspection or repair; commits a Class B infraction…

Sec. 1. The part of the Kankakee River that flows through Indiana from the Indiana-Michigan border to the Indiana-Illinois border is a navigable stream for the purpose of exercise of the police power of the state. [Pre-1995 Recodification Citation: 13-2-5-1.] As added by P.L.1-19…

Sec. 1. As used in this chapter, "basin" refers to the Maumee River basin. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.23.

Sec. 10. (a) A member of the commission may: (1) designate another individual to perform the duties of the member on the commission; and (2) revoke the designation. (b) A designation or a revocation of a designation under this section must be filed with the commission to be effec…