Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 4. After written notice by the department and within the prescribed period, a person having charge of an agricultural, a horticultural, or a sylvan product described under section 3 of this chapter shall have the product destroyed, treated, or otherwise disposed of as direct…

Sec. 5. (a) If the person having charge of the product does not comply with the written notice given under section 4 of this chapter, the department or the department's agent may take the necessary action and incur the expenses required to satisfy the directive contained in the w…

Sec. 1. As used in this chapter, "construction" means the process of building a building, highway, utility, or another structure. The term includes the following: (1) The process of assembling materials. (2) Disassembling and removing a structure. (3) The preparation of the const…

Sec. 10. If the director has reasonable evidence that indicates that continued ground water withdrawals from a significant ground water withdrawal facility will exceed the recharge capability of the ground water resource of the area, the director shall, by temporary order, declar…

Sec. 11. A temporary order under section 9 or 10 of this chapter must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the ground water emergency. Following the hearing, the director may continue, amend, or terminate the gro…

Sec. 12. (a) Except as provided in subsection (b), the director may restrict the quantity of ground water that may be extracted from a significant ground water withdrawal facility when the director declares a ground water emergency under section 9 or 10 of this chapter if: (1) th…

Sec. 13. The commission may adopt rules under IC 4-22-2 to administer this chapter. The rules must be consistent with IC 25-39 and rules adopted under IC 25-39. [Pre-1995 Recodification Citation: 13-2-2.5-5.] As added by P.L.1-1995, SEC.18.

Sec. 14. (a) A declaration of a ground water emergency under this chapter is effective when a copy of a declaration is served under IC 4-21.5-3-1 upon a person who owns the significant ground water withdrawal facility that is reasonably believed to have caused the failure of the …

Sec. 15. This chapter does not: (1) create a new; or (2) abridge an existing; civil right of action. [Pre-1995 Recodification Citation: 13-2-2.5-8.] As added by P.L.1-1995, SEC.18.

Sec. 16. (a) A person who violates a rule or order adopted under this chapter concerning a ground water emergency commits a Class A infraction. (b) The commission may, without proof of irreparable injury, maintain an action to enjoin a violation of this chapter. [Pre-1995 Recodif…

ground water withdrawal facilities Sec. 17. The owner of a significant ground water withdrawal facility shall, subject to an order issued under section 20 of this chapter or under IC 13-2-2.5-11 (before its repeal), provide timely and reasonable compensation to persons who own no…

Sec. 18. Timely and reasonable compensation under section 17 of this chapter consists of and is limited to the following: (1) The immediate temporary provision at the prior point of use of an adequate supply of potable water. (2) Reimbursement of expenses reasonably incurred by t…

Sec. 19. The refusal of an owner of an affected nonsignificant ground water withdrawal facility to accept timely and reasonable compensation is sufficient grounds for the department to terminate an order imposed on a responsible significant ground water withdrawal facility. An ow…

Sec. 2. As used in this chapter, "dewatering well" means a temporary water well that: (1) is used as part of a construction project to remove water from a surface or subsurface area; and (2) ceases to be used upon completion of the construction project or shortly after completion…

water Sec. 20. (a) Upon the declaration of a ground water emergency under section 9 of this chapter, the director shall, by temporary order, require the immediate temporary provision at the prior point of use of an adequate supply of potable water. A temporary order under section…

with rules 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) Before a licensed water well drilling …

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 twenty-four (24) hours after receiving a written complaint from the owner of a nonsignificant ground water withdrawal facility that a water well on property in the owner's possession has: (1) failed to furnish the well's normal supply of water; or (2) failed to fur…

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…

or identification 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) define…

improvement location permit fees 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 un…

decision 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 c…

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.