Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 3. As used in this chapter, "ground water" means all water occurring beneath the surface of the ground regardless of location and form. [Pre-1995 Recodification Citation: 13-2-6.1-1 part.] As added by P.L.1-1995, SEC.18.

Sec. 4. As used in this chapter, "instream use" means any use of water that uses surface water in place. The term includes the following uses: (1) Commercial and recreational navigation. (2) Hydroelectric power generation. (3) Waste assimilation. (4) Fish and wildlife habitat. (5…

Sec. 5. As used in this chapter, "person" means an individual, an incorporated or unincorporated organization or association, a trustee or legal representative, the state, a political subdivision of the state, the United States of America, an agency of the state, a political subd…

Sec. 6. For purposes of this chapter, "reasonable beneficial use" means the use of water for a beneficial use in the quantity and manner that is: (1) necessary for economic and efficient utilization; and (2) both reasonable and consistent with the public interest. [Pre-1995 Recod…

Sec. 7. As used in this chapter, "stream" means a natural or an altered river, creek, slough, watercourse, or artificial channel that has: (1) definable banks and bed capable of conducting defined runoff; (2) visible evidence of the flow or occurrence of water; and (3) a watershe…

Sec. 8. (a) As used in this chapter, "water resource" means all water: (1) on or beneath the surface of the ground; or (2) in the atmosphere. (b) The term includes the following: (1) Streams. (2) Impoundments. (3) Diffused surface water. (4) Water percolating, standing, or flowin…

Sec. 9. As used in this chapter, "withdrawal use" means any use of water that involves the physical removal of the water from a ground or surface source, including water from storage in an impoundment. [Pre-1995 Recodification Citation: 13-2-6.1-1 part.] As added by P.L.1-1995, S…

Sec. 1. This chapter applies to the following: (1) The construction of new ditches and drains. (2) Alterations, changes, or other improvements to existing ditches and drains. [Pre-1995 Recodification Citation: 13-2-17-1 part.] As added by P.L.1-1995, SEC.19.

required Sec. 2. A: (1) person may not locate, make, dig, dredge, or in any manner construct; and (2) court, county executive, body of viewers, or drainage commissioners may not order or recommend the location, establishment, or construction of; a ditch or drain cutting into, thr…

required Sec. 3. A person may not locate, dig, make, dredge, or in any way construct a ditch or drain having a bottom depth lower than the level of a freshwater lake as established by law within one-half (1/2) mile of any point on the line of the lake unless a dam has been provid…

Sec. 4. A dam required by this chapter shall be constructed: (1) before any work on the proposed drainage; and (2) according to plans and specifications furnished or approved by the engineering division. [Pre-1995 Recodification Citation: 13-2-17-1 part.] As added by P.L.1-1995, …

Sec. 5. A person may not: (1) cut into or around; (2) attempt to cut into or around; (3) interfere with; or (4) attempt to interfere with, change, or destroy; a dam, bank, or levee constructed under Indiana law for the purpose of maintaining the water level of a freshwater lake a…

prohibited Sec. 6. A person may not: (1) cut into or through; (2) attempt to cut into or through; (3) interfere with; or (4) attempt to interfere with; the banks or shores of a freshwater lake or any part of the lake in such a way as to lower or tend to lower the water of the lak…

Sec. 7. Subject to IC 14-26-8 and IC 36-9-27, a person, court, county executive, body of viewers, or drainage board may not do any of the following: (1) Interfere with, change, alter, or attempt to interfere with, change, or alter a bank, dam, spillway, or outlet of a freshwater …

Sec. 8. A person who violates this chapter commits a Class A infraction. Notwithstanding IC 34-28-5-4, a judgment for a Class A infraction imposed under this section may not exceed five thousand dollars ($5,000). [Pre-1995 Recodification Citation: 13-2-17-4.] As added by P.L.1-19…

Sec. 1. As used in this chapter, "owner" means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the stat…

Sec. 2. The owner of a levee, dike, or floodwall and appurtenant works shall maintain and keep the structures and appurtenant works in the state of repair and operating condition required by the following: (1) The exercise of prudence. (2) Due regard for life or property. (3) The…

Sec. 3. The department: (1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of levees, dikes, floodwalls, and appurtenant works in, on, or along the rivers and streams of Indiana; (2) shall exercise care to see that the dikes, floodwalls,…

Sec. 4. (a) The department shall make an engineering inspection of all levees, dikes, and floodwalls and appurtenant works: (1) at least one (1) time every three (3) years or at more frequent intervals if the exigencies of the case require; or (2) upon the written request of an a…

Sec. 5. If the department finds that a dike, floodwall, levee, or appurtenance is: (1) not sufficiently strong; (2) not maintained in a good and sufficient state of repair or operating condition; or (3) unsafe and dangerous to life or property; the department shall issue a notice…

Sec. 6. (a) If at any time the condition of a levee, a dike, a floodwall, or an appurtenance becomes so dangerous to the safety of life and property that, in the opinion of the department there is not sufficient time for the issuance and enforcement of a notice of violation for t…

Sec. 7. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under: (1) section 5 of this chapter; or (2) IC 13-2-20-…

Sec. 8. The department and the department's agents, engineers, and other employees may, for the purposes of determining the department's jurisdiction and performing the engineering inspections provided in section 4 of this chapter, enter upon any land or water in Indiana without …

Sec. 9. This chapter does not create a liability for damages against the department or the department's officers, agents, and employees caused by or arising out of any of the following: (1) The construction, maintenance, operation, or failure of a levee, dike, or floodwall and ap…

Sec. 1. This chapter applies only to land in a county whose board of county commissioners has elected to participate in a river commission. [Pre-1995 Recodification Citation: 13-2-27-25.] As added by P.L.1-1995, SEC.22.

Sec. 10. As soon as possible after a river commission has been established, the director shall designate the time and place of the first meeting. [Pre-1995 Recodification Citation: 13-2-27-8.] As added by P.L.1-1995, SEC.22.

Sec. 11. (a) At the first meeting of a river commission, the river commission shall select the following: (1) A chairman from the membership. (2) Other officers that the river commission determines. (b) The officers serve for terms of one (1) year. [Pre-1995 Recodification Citati…

Sec. 12. (a) Each river commission shall hold not less than six (6) regular, bimonthly meetings at a time and place fixed at the initial meeting. (b) A river commission may hold special meetings that the river commission considers necessary. (c) The chairman of a river commission…

Sec. 13. Each river commission may: (1) appoint; (2) prescribe the duties of; and (3) fix the compensation of; the employees that are necessary for the discharge of the duties and responsibilities of the river commission. [Pre-1995 Recodification Citation: 13-2-27-11.] As added b…

Sec. 14. Each river commission may do the following: (1) Adopt a seal. (2) Sue and be sued in the river commission's own name. (3) Establish bylaws and rules for the river commission's government. (4) Make and enter into all contracts or agreements. (5) Do all things necessary or…

Sec. 15. A member or an employee of a river commission may do the following: (1) Conduct a hearing or an investigation. (2) Take evidence. (3) Report the evidence to the river commission for consideration and action. [Pre-1995 Recodification Citation: 13-2-27-15.] As added by P.L…

Sec. 16. As soon as possible after the establishment of a river commission, the river commission and the department shall negotiate a memorandum of understanding for the management and preservation of the natural and scenic qualities of the river. [Pre-1995 Recodification Citatio…

Sec. 17. Each river commission shall protect and enhance the natural and scenic qualities of the river in cooperation with the department. [Pre-1995 Recodification Citation: 13-2-27-17.] As added by P.L.1-1995, SEC.22.

Sec. 18. A person may not substantially affect the natural or scenic qualities of a river that is the subject of a river commission unless the person has secured a permit to do so from the river commission. [Pre-1995 Recodification Citation: 13-2-27-18.] As added by P.L.1-1995, S…

Sec. 2. As used in this chapter, "river" means that part of a body of flowing water and adjacent land that is the subject of a river commission established under this chapter. [Pre-1995 Recodification Citation: 13-2-27-1.] As added by P.L.1-1995, SEC.22.

Sec. 20. A person adversely affected by a decision of a river commission may appeal the decision, de novo, to the circuit or superior court with jurisdiction in the county in which the affected land is located. [Pre-1995 Recodification Citation: 13-2-27-20.] As added by P.L.1-199…

Sec. 21. The lawful use of a structure existing at the time of the effective date of the establishment of a river commission: (1) may be continued even though the use does not conform to this chapter; and (2) may be extended throughout the structure if a structural alteration is …

Sec. 22. This chapter does not require a change in the plans, construction, or designated use of a building for which a building permit was issued before the river commission was established if the following conditions are met: (1) Construction is begun not later than ninety (90)…

Sec. 23. The establishment of a river commission does not affect the right of: (1) the owner of land to sell; or (2) the department to acquire; an easement or other property interest under IC 14-29-6-13. [Pre-1995 Recodification Citation: 13-2-27-23.] As added by P.L.1-1995, SEC.…

Sec. 24. The director may not use the power of eminent domain to acquire an easement under IC 14-29-6-13 on land subject to the authority of a river commission. [Pre-1995 Recodification Citation: 13-2-27-24.] As added by P.L.1-1995, SEC.22.

Sec. 25. (a) If a river commission brings an action in the circuit or superior court with jurisdiction in the county in which the land is located, the court shall order a person who violates section 18 of this chapter to be: (1) enjoined from continuing the violation; and (2) req…

Sec. 3. (a) The department may establish a river commission for a river designated as a natural, scenic, or recreational river under IC 14-29-6. An established river commission shall be known as the "_____________ River Commission". (b) Each river commission shall be established …

Sec. 4. The board of county commissioners of each county containing a river for which a river commission has been established may elect that the county participate in the river commission. [Pre-1995 Recodification Citation: 13-2-27-3.] As added by P.L.1-1995, SEC.22. IC 14-29-7-5…

Sec. 6. A vacancy on a river commission shall be filled for the unexpired term in the same manner as original appointments are made. [Pre-1995 Recodification Citation: 13-2-27-4 part.] As added by P.L.1-1995, SEC.22.

Sec. 7. Each member of a river commission is entitled to one (1) vote. Voting by proxy is not permitted. [Pre-1995 Recodification Citation: 13-2-27-5.] As added by P.L.1-1995, SEC.22.

Sec. 8. Members of a river commission serve without compensation. [Pre-1995 Recodification Citation: 13-2-27-6.] As added by P.L.1-1995, SEC.22.

Sec. 9. A majority of the members of a river commission constitutes a quorum. The affirmative vote of a majority of the members is necessary to issue a permit. [Pre-1995 Recodification Citation: 13-2-27-7.] As added by P.L.1-1995, SEC.22.

Sec. 1. (a) The general assembly recognizes the following: (1) That the land resource of Indiana, including the principal elements of geology, landscape, and soils, is one (1) of the basic natural resources of Indiana. (2) That an ever increasing demand upon the fixed and limited…

Sec. 10. The Indiana state department of agriculture shall use the money appropriated by the general assembly to expand the small watershed planning program as carried out in cooperation with the Natural Resources Conservation Service of the United States Department of Agricultur…

and landscape survey program Sec. 11. The Indiana state department of agriculture shall coordinate and schedule the programs authorized by sections 7 through 8 of this chapter to provide, as nearly as practicable, for concurrent completion and furnishing of the results of each pr…