296 chapters · 3,312 sections in this title.
Ind. Code § 14-27-7.3-1 Applicability
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Sec. 1. This chapter does not apply to a dam that is regulated by the Federal Energy Regulatory Commission or owned by the Army Corps of Engineers. As added by P.L.104-2020, SEC.3.
Ind. Code § 14-27-7.3-11 Department immunity from liability
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Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. (b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam. As added by P.L.1…
Ind. Code § 14-27-7.3-12 Adoption of rules
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Sec. 12. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.104-2020, SEC.3.
Ind. Code § 14-27-7.3-13 Violations
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Sec. 13. A person who violates this chapter commits a Class C infraction. As added by P.L.104-2020, SEC.3.
Ind. Code § 14-27-7.3-14 Appeal of administrative decision or penalty
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Sec. 14. (a) A person may appeal an administrative decision or penalty assessed under this chapter to the commission. (b) IC 4-21.5 applies to proceedings by the commission under this section. As added by P.L.104-2020, SEC.3.
Ind. Code § 14-27-7.3-15 Expired
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As added by P.L.104-2020, SEC.3. Expired 7-1-2021 by P.L.104-2020, SEC.3.
Ind. Code § 14-27-7.3-2 "Low head dam"
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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)…
Ind. Code § 14-27-7.3-3 "Roster"
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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.
Ind. Code § 14-27-7.3-4 Duties of commission
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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…
Ind. Code § 14-27-7.3-5 Duties of department
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Sec. 5. The department shall do the following: (1) Establish warning standards for low head dams that are on the roster. (2) Provide information on low head dam safety. (3) Provide contact information for the department so that a low head dam owner can discuss options for low hea…
Ind. Code § 14-27-7.3-6 Duties of owner
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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 …
Ind. Code § 14-27-7.3-7 Exemption for certain owners
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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…
Ind. Code § 14-27-7.3-8 Damage or breach; duty to notify; inspections; right of entry
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upon premises 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, geolog…
Ind. Code § 14-27-7.3-9 Prohibited acts
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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…