Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 4. (a) The department may by rule or order, when the department has reason to believe it is necessary and in the public interest, designate certain areas of Indiana where the withdrawal of ground waters exceeds or threatens to exceed natural replenishment as restricted use a…

Sec. 5. (a) Whenever the department designates a restricted use area, the department shall approve an order to that effect and adopt a rule under IC 4-22-2. (b) In addition to the publication of notice provided for in IC 4-22-2, the department shall, for the purposes of this chap…

Sec. 6. In a restricted use area, a person may not withdraw or use for any purpose ground water in quantities in excess of one hundred thousand (100,000) gallons per day in addition to the quantity the person is using at the time the order designating the area as a restricted use…

Sec. 7. A person that: (1) desires to withdraw or use a quantity greater than one hundred thousand (100,000) gallons per day in addition to the quantity being used at the time of the effective date of an order declaring an area as a restricted use area; or (2) desires to withdraw…

Sec. 8. In granting or refusing a permit, the department shall consider the following: (1) The effect the withdrawal of additional ground water from the restricted use area will have on future supplies in the area. (2) What use is to be made of the water. (3) How the withdrawal w…

Sec. 9. In granting a permit, the department may do the following: (1) Impose the conditions or stipulations that are necessary to conserve the ground water of the area and prevent waste, exhaustion, or impairment of the ground water. (2) Require that ground water in a restricted…

Sec. 1. As used in this chapter, "lake" includes both meandered and unmeandered lakes. [Pre-1995 Recodification Citation: 13-2-12-3 part.] As added by P.L.1-1995, SEC.19.

Sec. 2. As used in this chapter, "river" includes both navigable and nonnavigable rivers and streams. [Pre-1995 Recodification Citation: 13-2-12-3 part.] As added by P.L.1-1995, SEC.19.

Sec. 3. The department may do the following: (1) Become a party, either plaintiff or defendant, to any cause or legal action: (A) that is pending in any court in Indiana; or (B) that is brought or commenced in any court in Indiana; affecting the preservation or maintenance of the…

Sec. 4. A court acting under Indiana law shall recognize the right of the department to become a party to any action involving the preservation and maintenance of lakes, rivers, and streams for the purposes set out in this chapter. [Pre-1995 Recodification Citation: 13-2-12-2.] A…

Sec. 5. For the purposes and in the manner provided in this chapter, the department may become a party to any drainage proceeding in any court acting under Indiana law, to prosecute or defend any cause that in the opinion of the officers of the department will injuriously affect …

Sec. 6. In the interest of public health and convenience, the department is a party in interest in the matters set out in this chapter. Nonbenefit or the nonownership of land affected by a cause may not be pleaded in any court acting under Indiana law as a bar to the right of the…

Sec. 1. (a) The superintendent of construction of the work shall do the following: (1) Keep an account of all money collected and paid out by the superintendent in relation to the work. (2) Take vouchers for all money paid out. (3) Keep an account of time spent on the superintend…

Sec. 10. (a) A person assessed may appeal the assessment to the circuit or superior court of the county in which the proceedings for the construction of the work were held by filing with the clerk of the court, within ten (10) days after the date of posting the notices, an appeal…

Sec. 11. (a) The appeal shall be tried by the court without a jury. A change of venue from the judge but not from the county is allowed. The only questions tried are the following: (1) Whether the repairs are necessary. (2) What is the cost of the repairs. (3) Whether the appella…

Sec. 12. (a) If the court reduces the assessment against the land of the appellant at least twenty percent (20%), all the costs of the appeal shall be added to the assessment and shall be assessed upon the tracts of land in the same proportion as the original assessment. (b) If t…

Sec. 13. (a) The: (1) clerk of the court, when an appeal is disposed of; or (2) committee, if an appeal is not taken; shall make a certified copy of the assessment as confirmed by the court in an appeal or as made originally if an appeal is not taken. The clerk or committee shall…

Sec. 14. (a) The committee in charge of a levee may preserve and protect the levee, including a strip of land ten (10) feet in width on the inside of the levee. (b) If the committee determines that the preservation of the levee or a part of the levee requires that the levee shoul…

Sec. 15. If requested by a petition signed by a majority of the owners of land protected by the levee, the committee in charge of a levee may do the following: (1) Make additions to the levee by increasing the height or width of the levee. (2) Protect against the encroachment of …

Sec. 16. If requested in writing by a majority of interested landowners, the committee in charge of a levee may pump out or remove from land protected by the levee water that collects and remains standing on the land and that does not have a means of outlet. For this purpose the …

Sec. 17. All of the provisions of sections 7 through 13 of this chapter concerning: (1) the payment of the cost of repairs of levees; (2) the making of assessments for the cost; (3) the right of appeal from the assessments; and (4) the manner of collecting the assessments; apply …

Sec. 18. Notwithstanding the percent of benefit assessment determined by a levee committee under Acts 1907, c.223, s.8 1/2, as added by Acts 1941, c.159, s.1, as amended, and as preserved from repeal under certain circumstances by section 19 of this chapter, the minimum annual am…

Sec. 19. A levee district or association that was created under a statute that was repealed by IC 19-3-2-106 (recodified as IC 13-2-19.5-9 before its repeal, and later recodified as this section): (1) is not affected by the repeal; (2) except as provided in subdivision (3), may c…

Sec. 2. (a) All laborers and other persons who perform a service or furnish materials in the construction of the work under this chapter have a lien upon the fund raised for the construction of the work. Upon notice in writing filed with the county treasurer of the amount due and…

Sec. 3. If money remains after the payment of the cost of the construction of the work and expenses connected with the work, the money shall be distributed, pro rata, according to the amount paid by the owners of the land and the corporations assessed for the work. [Pre-1995 Reco…

Sec. 4. The collection of assessments is not defeated by reason of a defect in the proceeding occurring before the judgment of the court approving and confirming the assessment of benefits and damages and ordering the work established if the court had jurisdiction. The judgment i…

Sec. 5. (a) If it appears that the assessment of benefits is insufficient to complete the work and pay expenses in connection with the work, the superintendent of construction may file a petition asking the court for an additional assessment. Five (5) days notice of the filing of…

Sec. 6. (a) The superintendent of construction or a person interested in the work may also file with the court a supplemental petition showing that land not assessed for benefits or damages is affected by the work whether or not the land is described in the petition or in either …

Sec. 7. (a) The committee placed in charge of the levee may perform maintenance and make all necessary repairs to the levee that are necessary to keep the levee in original condition. However, the committee shall perform the maintenance of and repairs to the levee that are necess…

Sec. 8. (a) To raise the necessary money to reimburse the county, the committee in charge of a levee shall apportion and assess the costs upon the land and corporations to be benefited by the repairs in proportion to the benefits not more than ninety (90) days after filing the st…

Sec. 8.5. (a) The county council and county executive shall each appoint an individual to serve as a voting member of the committee in charge of a levee. (b) A member of a committee in charge of a levee appointed under this section serves at the pleasure of the appointing authori…

Sec. 9. (a) The committee shall, within five (5) days after making an assessment, post written notices as follows: (1) In three (3) public places in the township where the land assessed is situated, near to the work done. (2) One (1) at the door of the courthouse of each county i…

Sec. 1. The general assembly finds the following: (1) That the loss of lives and property, the disruption of commerce and government services, and the unsanitary conditions caused by floods, all of which are detrimental to the health, safety, and welfare of the people of Indiana,…

Sec. 2. (a) The commission shall develop and adopt appropriate rules under IC 4-22-2, including consideration of nonconforming uses, as minimum standards for the delineation and regulation of all flood hazard areas within Indiana. The commission and all counties and municipalitie…

Sec. 3. (a) All counties and municipalities are encouraged and authorized to delineate and regulate all flood hazard areas within their respective jurisdictions by adopting and implementing all necessary ordinances, rules, and regulations under procedures established by law. For …

Sec. 4. (a) The commission may provide technical data and information and otherwise assist a county or municipality in the following: (1) The identification and delineation of all flood hazard areas within the jurisdiction of the county or municipality. (2) The preparation of all…

Sec. 5. A county or municipality may not issue a permit for a structure, an obstruction, a deposit, or an excavation within a flood hazard area or part of a flood hazard area that lies within a floodway without the prior written approval of the commission as provided in IC 14-28-…

Sec. 5.1. (a) Except as provided in subsection (c), a person must obtain a permit under this section to erect, make, use, or maintain a structure, obstruction, deposit, or excavation in any place in a floodplain that is: (1) state owned property; or (2) state managed property. (b…

Sec. 6. (a) City, county, and state employees, agencies, boards, districts, and commissions may cooperate with and furnish information to the commission or a county or municipality for the purpose of implementing this chapter. (b) The commission shall review and timely respond to…

Sec. 7. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-29.5-6. (b) After June 30, 2023, a unit may not issue a permit: (1) authorized by ordinance or resolution; and (2) for construction of a structure or other construction activity in or near a floodpla…

Sec. 7.2. After June 30, 2025, an individual may not serve as the floodplain administrator of a county or a municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another …

Sec. 7.4. (a) As used in this section, "department mapping data" means the mapping data provided by the department and located on the Indiana Floodplain Information Portal. (b) A person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in …

Sec. 8. (a) Not later than ninety (90) days after: (1) a law is enacted by the general assembly under this article; or (2) a rule (as defined by IC 4-22-2-3) is adopted by the commission; the department shall update the Indiana Floodplain Information Portal and the department's w…

Sec. 9. (a) As used in this section, "compensatory storage" includes artificial storage used to balance the loss of natural flood storage capacity as a result of placing fill material or other obstructions within a flood plain. (b) The state or a unit of local government may not …

Sec. 1. The department may issue a permit to a person to take sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana. [Pre-1995 Recodification Citation: 14-3-1-14.5(a).] As added by P.L.1-1995, SEC.22.

Sec. 2. In issuing a permit under this chapter, the department shall do the following: (1) Fix by the permit the area within which it is lawful and in the best interests of the state to permit the taking by the permittee of the mineral or substance. (2) Fix by the permit and coll…