Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 9. (a) If as a result of an inspection under this chapter, a plant is discovered that is not vital, the division may direct that the plant not be sold or given away. (b) A person that rehabilitates a plant described in subsection (a) may request the division to reinspect the…

Sec. 1. This chapter applies to each freshwater lake that contains at least ten (10) acres at the body of water's normal level. [Pre-1995 Recodification Citation: 13-2-2.6-5 part.] As added by P.L.1-1995, SEC.18.

Sec. 10. (a) Except as provided under subsection (b), the operator of a significant water withdrawal facility may obtain relief from a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) by filing with the director a financial respon…

Sec. 11. (a) After a bond is filed under section 10 of this chapter, the operator of a significant water withdrawal facility and a complaining lake owner may enter into a written agreement for compensation to the lake owner instead of bond forfeiture. (b) If: (1) the operator and…

Sec. 12. A significant water withdrawal facility and a lake owner may enter into an agreement to compensate the lake owner for the diminution in value of the lake owner's property caused by significant lowering of the lake level. If a significant water withdrawal facility and a l…

Sec. 13. (a) A temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the freshwater lake emergency. Following the hearing, th…

Sec. 14. Upon application by the director or a lake owner, the commission may cause a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) to be made a permanent order. A permanent order is subject to IC 4-21.5-3-6. [Pre-1995 Recodifi…

Sec. 15. (a) A person who violates an order concerning a freshwater lake emergency declared under section 7 of this chapter commits a Class A infraction. (b) The commission may, without proof of irreparable injury, maintain an action to enjoin a violation of this chapter. [Pre-19…

Sec. 2. As used in this chapter, "financial responsibility bond" means a surety bond, a certificate of deposit, a cashier's check, or a letter of credit. [Pre-1995 Recodification Citation: 13-2-2.6-4.] As added by P.L.1-1995, SEC.18.

Sec. 3. (a) As used in this chapter, "freshwater lake" means a body of standing surface water that: (1) is of natural origin; or (2) was: (A) originally constructed to permanently retain water; and (B) in existence at least five (5) years before the commencement of water withdraw…

Sec. 4. As used in this chapter, "lake owner" means a person in possession of property that includes: (1) a physical part of; or (2) a legal interest in; a freshwater lake. [Pre-1995 Recodification Citation: 13-2-2.6-6.] As added by P.L.1-1995, SEC.18.

Sec. 5. As used in this chapter, "significant water withdrawal facility" means a water pumping installation or other equipment of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons…

Sec. 6. Not later than five (5) days after receiving a written complaint from a lake owner that: (1) the level of a freshwater lake has been lowered: (A) significantly below the lake's normal level as legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal); o…

Sec. 7. (a) If an onsite investigation under section 6 of this chapter discloses that: (1) the operation of at least one (1) significant water withdrawal facility has caused the freshwater lake to be lowered significantly below a level described in section 6(1) of this chapter; a…

Sec. 8. A temporary order under section 7 of this chapter is effective when a copy of the order is served under IC 4-21.5-3-1 upon a person that owns or operates the significant water withdrawal facility. [Pre-1995 Recodification Citation: 13-2-2.6-11.] As added by P.L.1-1995, SE…

poor maintenance Sec. 9. If an onsite investigation under section 6 of this chapter discloses that the complaining lake owner has, through improper management or poor maintenance of the lake, caused or contributed to the lowering of the freshwater lake to a level significantly be…

Sec. 1. This chapter applies to freshwater lakes having an area of at least ten (10) acres. [Pre-1995 Recodification Citation: 13-2-15-1(a) part.] As added by P.L.1-1995, SEC.19.

Sec. 10. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation that is adversely affected by a decision of the department may appeal the decision by filing a complaint in the circuit or superior court of the county in which the lake o…

Sec. 11. A complaint must do the following: (1) State the interest of the person filing the appeal, whether the person is: (A) proposing to construct, reconstruct, repair, or reclean a ditch or drain on the person's own land; or (B) a petitioner or other party or public officer i…

Sec. 12. A complaint must be filed in the court within thirty (30) days from the date of the decision of the department by causing summons to be issued and served upon the director as summons are served in other civil cases. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As …

Sec. 13. Any person, firm, limited liability company, or corporation interested in or affected by the proposed work may intervene in the proceedings before the court. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.

Sec. 14. The court shall hear de novo all evidence relevant to the issues determined by the department. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.

Sec. 15. An appeal may be had from the finding and judgment of the court as provided by law in other civil cases. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.

Sec. 16. A person, firm, limited liability company, or corporation that violates or threatens to violate this chapter is subject to an injunction upon a complaint filed by any of the following: (1) Any person whose land or interest in land may be damaged by the violation. (2) The…

Sec. 17. A person who knowingly violates section 3 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 13-2-15-1(e).] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.8.

Sec. 2. As used in this chapter, "normal water level of a lake" means: (1) the water level of the lake established by law; or (2) if the water level has not been established, the level where the presence and action of the water has been so constant as to give to the bed of the la…

exception Sec. 3. (a) This section does not apply to a ditch or drain if: (1) water from the ditch or drain empties into a lake before activities referred to in subsection (b) begin; (2) water from the ditch or drain continues to empty into the lake at the same location after the…

Sec. 4. (a) A request for a permit may be made by any person interested in the proposed work by filing with the department the following: (1) A brief statement and description of the work. (2) Plans and specifications for the work. (3) An investigation fee of a minimum of twenty-…

Sec. 5. The department shall promptly consider a request by making an investigation of the land, water, lakes, fish, wildlife, and botanical resources that may be affected by the proposed work. [Pre-1995 Recodification Citation: 13-2-15-1(b) part.] As added by P.L.1-1995, SEC.19.…

Sec. 6. If the department finds that the proposed work will not: (1) endanger: (A) the legally established water level of a lake; or (B) the normal water level of a lake whose water level has not been legally established; or (2) result in unreasonably detrimental effects upon fis…

Sec. 7. If the department finds that the proposed work could be done provided certain safeguards are included in the proposed work, the department shall designate the safeguards that will in the department's opinion protect the lake. [Pre-1995 Recodification Citation: 13-2-15-1(b…

Sec. 7.4. If a request for a permit is submitted under this chapter by or for a county drainage board for a project for the reconstruction or maintenance of a regulated drain under IC 36-9-27, the department shall approve or refuse the request within one hundred fifty (150) calen…

Sec. 7.6. (a) If the department refuses to issue a permit after an investigation under section 5 of this chapter, the department shall promptly cause a public notice to be given by one (1) publication in a newspaper of general circulation published in the county in which the lake…

Sec. 8. A permit issued under this chapter expires two (2) years after the permit is issued. [Pre-1995 Recodification Citation: 13-2-15-1(c).] As added by P.L.1-1995, SEC.19.

Sec. 9. 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 Re…

Sec. 1. This chapter applies to the following: (1) A levee association incorporated before March 10, 1967, under Acts 1913, c.165, or a successor of the association. (2) An association existing before March 10, 1967, under IC 23-7-1 (repealed September 2, 1971) for the purpose of…

Sec. 10. If the board of directors: (1) decides not to enter into a loan agreement with a federal agency by installment note or series of notes; and (2) instead prepares a bond issue, in whole or in part; the board of directors may offer the bond issue for sale to a federal agenc…

Sec. 11. A loan made under this chapter or under IC 13-2-29-1 (before its repeal) shall be repaid by levy of the special assessment authorized on the real property within the proposed project. The assessment against the landowners must be in the proportion that the benefits asses…

Sec. 2. The board of directors of an association described in section 1 of this chapter may apply to the federal Farmers Home Administration, the United States Department of Housing and Urban Development, or any other agency of the federal government authorized by federal law to …

Sec. 3. A loan may be: (1) evidenced by one (1) installment note or by a series of notes; and (2) secured by the collection of a special assessment levied as provided in section 11 of this chapter. [Pre-1995 Recodification Citation: 13-2-29-1(a) part.] As added by P.L.1-1995, SEC…

Sec. 4. The following are subject to the agreement of the board of directors and the federal agency and applicable federal law: (1) The time repayment of a loan must begin. (2) The term within which the loan is repaid. (3) The amount of interest. (4) The time of making payments o…

Sec. 5. Before making financial commitments described in this chapter with a federal agency, the board of directors must file a petition for approval of the proposed action in the circuit court, superior court, or probate court of the county in which the most land affected by the…

Sec. 6. The court shall do the following: (1) Set a date for a hearing. (2) Allow at least twenty-one (21) days for an interested person to file objections. (3) Order notice for the hearing that the court considers necessary. However, publication must at least be made in each of …

Sec. 7. If at the hearing the court finds that: (1) the loan as proposed in the petition is necessary for the accomplishment of the purposes set forth in this chapter; and (2) the terms and conditions are reasonable and probably are as beneficial to accomplish the purposes as wou…

Sec. 8. Upon approval by the court, the board of directors may levy the special assessments necessary for the repayment of the loan. [Pre-1995 Recodification Citation: 13-2-29-1(b) part.] As added by P.L.1-1995, SEC.20.

Sec. 9. The board of directors may secure part or all of the money necessary for the project under this chapter. The board of directors may make the loan for any of the board's needs to cover the expenses for which the loan is sought and maintaining and operating the works of imp…

Sec. 1. (a) The governing bodies or agencies of the state charged with the duties of the construction, maintenance, and repair of public highways may, to the extent money is available and subject to subsection (b), do the following: (1) Change the course of a stream, watercourse,…

Sec. 2. (a) If work under this chapter involves the protection of an existing highway not under construction, the work shall be performed and the costs paid under Indiana law governing the maintenance of highways applicable to the public agency or authorities having charge of the…

Sec. 3. The governing or administrative bodies charged with the control of highways may do the following: (1) If it becomes necessary to procure rights-of-way or interests in land or property outside the limits of a highway under section 2 of this chapter, procure the rights or i…

Sec. 1. (a) A district constitutes a governmental subdivision of the state and a public body corporate and politic exercising public powers. (b) A district may do the following: (1) Carry out soil erosion and water runoff preventive and control measures within the district, inclu…