Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 21. (a) An owner of a new nonsignificant ground water withdrawal facility who desires to receive the protection of this chapter must construct the facility to conform to the rules adopted under section 13 of this chapter. (b) An owner of a new significant ground water withdr…

Sec. 3. As used in this chapter, "nonsignificant ground water withdrawal facility" means the ground water withdrawal facility of a person that, in the aggregate, has a withdrawal capability of less than one hundred thousand (100,000) gallons of ground water in one (1) day. [Pre-1…

Sec. 4. (a) As used in this chapter and subject to subsection (b), "owner" includes the following: (1) The owner of an interest in property. (2) A person in possession of property. (b) For a temporary dewatering well, "owner" means the person who authorized the construction that …

Sec. 5. As used in this chapter, "potable water" means water that at the point of use is acceptable for human consumption under drinking water quality standards adopted by the environmental rules board under IC 13-18-4-1. [Pre-1995 Recodification Citation: 13-2-2.5-2(k).] As adde…

Sec. 6. As used in this chapter, "significant ground water withdrawal facility" means the ground water withdrawal facility 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 of …

Sec. 7. (a) As used in this chapter, "water well" means an excavation, however constructed, that is used for the purpose of withdrawing ground water for reasonable beneficial uses. (b) The term does not include agricultural and urban drainage systems. [Pre-1995 Recodification Cit…

Sec. 8. Within: (1) twenty-four (24) hours after receiving a written complaint from the owner of a nonsignificant ground water withdrawal facility; or (2) three (3) business days after receiving a written complaint from the owner or operator of a significant ground water withdraw…

Sec. 9. If an investigation under section 8 of this chapter discloses: (1) that the well has: (A) failed to furnish the well's normal supply of water; or (B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water; (2) that there …

Sec. 1. As used in this chapter, "average normal water level" of a lake means the level between high water that occurs as a result of excessive precipitation and low water that occurs during protracted dry periods that will do the following: (1) Provide the most benefit to the pu…

Sec. 10. Within one (1) year after the court has established the average normal water level or area, the department shall construct a suitable permanent monument as prescribed in the findings of the court on the shore of the lake. The monument must contain the following: (1) The …

Sec. 11. The requirements and procedure prescribed by this chapter for reports, notice, court procedure, and record apply to all dams, spillways, and control works provided for in this chapter. [Pre-1995 Recodification Citation: 13-2-13-1(a) part.] As added by P.L.1-1995, SEC.19.…

Sec. 12. The department may do the following: (1) Accept contributions or grants-in-aid from: (A) an individual; (B) a group of individuals; or (C) county, state, or federal agencies; to finance the construction of dams, spillways, or control works to maintain the average normal …

Sec. 2. The department may do the following: (1) Have established, by appropriate legal action, the average normal water level or area of all natural and artificial lakes of Indiana. (2) Construct or sponsor and supervise the construction of dams, spillways, and control works nec…

Sec. 3. A concise report containing a description of the lake and location, together with all data necessary to reveal and fix: (1) the average normal water level or area of the lake; and (2) the highest elevation to which the water has risen during the prior ten (10) years; shal…

Sec. 4. The average normal water level shall be determined by means such as the following: (1) Old surveys. (2) Testimony of old inhabitants. (3) The extent to which drainage and other artificial causes have increased or decreased the natural ground water of the area and affected…

Sec. 5. The department shall file the report with the following: (1) The commission. (2) The clerk of the circuit court with jurisdiction in the county in which the greatest area of the lake is situated. [Pre-1995 Recodification Citation: 13-2-13-1(a) part.] As added by P.L.1-199…

Sec. 6. The clerk of the circuit court shall do the following: (1) Immediately docket the report as a cause of action pending in the circuit court of the county. (2) Cause notice to be published for two (2) consecutive weeks in two (2) newspapers of general circulation in each co…

Sec. 7. The court shall, on the day fixed in the notice or on a later day to be fixed by the court, hear all of the evidence submitted respecting the matter submitted by the following: (1) The department. (2) Any other agency of government. (3) Any affected landowners. [Pre-1995 …

Sec. 8. (a) After the hearing, the court shall do the following: (1) Make findings of fact. (2) Give an appropriate judgment establishing the level and area of the lake. (b) If the judgment is favorable to the moving party, a description of: (1) a monument; (2) the location of th…

Sec. 9. (a) If the judgment is favorable to the moving party, the findings and judgment of the court properly certified by the clerk of the court shall be recorded in a lake level record to be kept in the recorder's office of each county having land draining into the lake. Each c…

Sec. 1. This chapter applies to a levee association or corporation that meets the following conditions: (1) The levee association or corporation was a levee association originally organized under Acts 1913, c.165, that: (A) accepted the provisions of: (i) IC 23-7-1 (before its re…

Sec. 2. A surviving corporation: (1) may continue and possesses all the rights, powers, duties, and privileges of any law repealed by IC 19-3-2-106 (repealed April 1, 1980); and (2) is not affected by the repeal. [Pre-1995 Recodification Citation: 13-2-28-1 part.] As added by P.L…

Sec. 3. A surviving corporation has all the specific rights, powers, privileges, and obligations conferred on levee associations organized under Acts 1913, c.165, as amended. [Pre-1995 Recodification Citation: 13-2-28-2.] As added by P.L.1-1995, SEC.20.

Sec. 1. As used in this chapter, "commission" refers to a flood plain commission established under this chapter. [Pre-1995 Recodification Citation: 13-2-22.6-1 part.] As added by P.L.1-1995, SEC.21.

Sec. 10. A member of the commission or legislative body of the county or municipality may not participate in a hearing or decision upon a zoning matter, other than the preparation and adoption of an initial flood plain zoning ordinance, in which the member is directly or indirect…

Sec. 11. The commission may do the following: (1) Exercise general supervision of and make rules for the administration of the affairs of the commission. (2) Prescribe uniform rules pertaining to investigations and hearings. (3) Supervise the fiscal affairs and responsibilities o…

Sec. 12. The commission shall prepare and submit an annual budget. After the legislative body of the county or municipality has passed an ordinance creating a commission: (1) money may be appropriated to carry out the duties of the commission; and (2) the commission may expend, u…

Sec. 13. (a) The commission, county, or municipality may accept gifts, donations, and grants from private and governmental sources for commission purposes. Money accepted shall be deposited in a special nonreverting commission fund available for expenditure by the commission for …

Sec. 14. (a) The county or municipality may compensate the members of the commission for service on the commission. (b) When the commission determines that it is necessary for members to attend in another city or county a state, regional, or national conference or interview deali…

Sec. 15. (a) To assure the promotion of public health, safety, convenience, and the general welfare within the commission's jurisdiction, the commission shall prepare a proposed initial flood plain zoning ordinance. The ordinance must provide for the following: (1) The classifica…

Sec. 16. (a) As used in this section, "flood protection grade" means the elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building. (b) The land classified as flood plain areas may be: (1) defined and subclassifie…

Sec. 17. (a) A flood plain zoning ordinance may require that: (1) a structure may not be located; (2) a use may not be changed; and (3) an improvement location permit may not be issued for a structure or change of use; on land either platted or unplatted within the jurisdiction o…

Sec. 18. (a) A flood plain zoning ordinance must designate: (1) the county auditor; (2) the county surveyor; or (3) the municipal clerk or clerk-treasurer; as applicable, as the zoning administrator who issues improvement location permits within the jurisdiction of the commission…

Sec. 19. (a) The commission shall prepare and present the proposed initial zoning ordinance, with explanatory maps, to the legislative body of the county or municipality. (b) The legislative body shall do the following: (1) Consider the proposed initial zoning ordinance. (2) Retu…

Sec. 2. As used in this chapter, "improvement location permit" means a permit to alter, expand, or enlarge any use of land or structure. The term includes the erection of a structure. [Pre-1995 Recodification Citation: 13-2-22.6-1 part.] As added by P.L.1-1995, SEC.21.

Sec. 20. A county or municipality may not pass an ordinance under this chapter until: (1) the legislative body of the county or municipality receives; and (2) the natural resources commission approves; the final report of the commission. [Pre-1995 Recodification Citation: 13-2-22…

Sec. 21. (a) After the commission submits the final report, the legislative body of the county or municipality shall give all interested persons an opportunity to be heard with reference to the final report at a public hearing convenient for all persons affected. The legislative …

Sec. 22. The legislative body of the county or municipality may amend or supplement the regulations and district boundaries fixed by ordinance under this chapter or IC 13-2-22.6 (before its repeal). However, the area designated as flood plain may not be changed unless the change …

Sec. 23. The: (1) commission; or (2) owners of at least fifty percent (50%) of the land area involved in the matter set forth in a petition; may present signed petitions to the legislative body of the county or municipality requesting an amendment or supplement of the regulations…

Sec. 24. The legislative body shall refer a proposed ordinance for the amendment, supplement, or repeal of the zoning ordinance not originating from petition of the commission to the commission for consideration and a report before the legislative body of the county or municipali…

Sec. 25. (a) Before the commission submits to the legislative body: (1) a petition; or (2) a report on a proposed ordinance referred to the commission; for an amendment, a supplement, or a repeal of the zoning ordinance, the commission shall hold a public hearing. (b) At least te…

Sec. 26. (a) The legislative body of the county or municipality may declare: (1) a building erected, raised, or converted; or (2) land or premises used; in violation of an ordinance or a regulation adopted under this chapter or under IC 13-2-22.6 (before its repeal) to be a commo…

Sec. 27. (a) The commission may institute the following: (1) A suit for injunction in the circuit court, superior court, or probate court with jurisdiction in the county to restrain an individual or a governmental entity from violating this chapter or an ordinance adopted under t…

Sec. 28. In: (1) a proceeding by a county or municipality for the taking, appropriation, or condemnation of land; or (2) an action against a county or municipality; compensation or damages may not be awarded for the taking of or injury to a structure erected in violation of an or…

Sec. 29. (a) It is the purpose of this chapter to enable counties and municipalities that have not adopted effective land use ordinances under IC 36-7 to comply with the requirements of: (1) the federal National Flood Insurance Act (42 U.S.C. 4001 through 4127); (2) IC 14-28-1; a…

Sec. 3. A county or municipality may establish a flood plain commission by ordinance of the unit's legislative body. The commission may regulate land uses within identified flood hazard areas under this chapter. [Pre-1995 Recodification Citation: 13-2-22.6-2.] As added by P.L.1-1…