Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 13. A person who violates this chapter commits a Class C infraction. As added by P.L.104-2020, SEC.3.

Sec. 13.1. A permit issued by the director after January 1, 2021, for the removal of a low head dam does not expire until two (2) years after any: (1) local, state, or federal administrative or judicial appeals of that permit; or (2) other local, state, or federal permits require…

Sec. 14. A person may appeal an administrative decision or penalty assessed under this chapter under IC 4-21.5. As added by P.L.104-2020, SEC.3. Amended by P.L.92-2025, SEC.45.

Sec. 2. As used in this chapter, "low head dam" means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25)…

Sec. 3. As used in this chapter, "roster" refers to the roster of low head dams adopted under section 4 of this chapter. As added by P.L.104-2020, SEC.3.

Sec. 4. (a) Not later than July 1, 2021, the commission shall adopt a roster of low head dams located in the state that are capable of creating hazardous currents that pose safety issues to swimmers, waders, or boaters. The roster must be updated periodically. (b) The roster of l…

Sec. 5. The department shall do the following: (1) Establish warning sign standards and requirements for low head dams that are on the roster. The department may reference standards or best practices established by the Federal Emergency Management Agency. (2) Provide information …

Sec. 6. A person who owns a low head dam that is on the roster shall do the following: (1) Except as provided in section 7 of this chapter, comply with the warning standards established by the department under section 5(1) of this chapter. (2) Inform the department of any change …

Sec. 7. A person who owns at least two (2) low head dams is exempted from the requirements under section 6(1) of this chapter if: (1) that person has previously installed warning signs in coordination with the department; and (2) that person maintains and repairs the signs that e…

Sec. 8. (a) The owner of a low head dam that is on the roster and that has been damaged or breached shall notify the department within four (4) business days of becoming aware of the damage or breach. (b) The department and the department's agents, engineers, geologists, and othe…

Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to: (1) public safety; (2) stream ecological processes; and (3) navigability. (b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to: (1) promot…

Sec. 8.2. (a) A person under this chapter may remove a low head dam that is an encroachment without a permit issued by the department under IC 14-28-1 or IC 14-29-1 if the following conditions are met: (1) The removal will not adversely affect the efficiency of or unduly restrict…

Sec. 9. (a) A person may not access a low head dam or wade, boat, swim, or access the waters within fifty (50) feet of the low head dam when warning signs are present. (b) Notwithstanding subsection (a), a person who is performing: (1) an assessment, inspection, or maintenance on…