Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 24.5. (a) As used in this section, "qualified entity or authority" means any of the following: (1) IC 14-33-1 (conservancy districts). (2) IC 14-33-19 (levee districts and associations). (3) IC 14-27-4 (levee associations). (4) IC 14-27-6 (levee authority in Vanderburgh Coun…

Sec. 25. (a) A person who desires to reconstruct an abode or a residence that: (1) is located in a floodway; and (2) is not substantially damaged (as defined in 44 CFR 59.1, as in effect on January 1, 1997); is not required to obtain a permit from the department for the reconstru…

Sec. 26. (a) This section does not apply to the construction of an addition to a residence located in a boundary river floodway. (b) Subject to: (1) subsection (c); and (2) the restrictions imposed by the unit (as defined in IC 36-1-2-23) in which the abode or residence is locate…

Sec. 26.5. (a) This section applies to the following activities: (1) The placement or replacement of a mobile home within a boundary river floodway. (2) The repair of a residence that: (A) is located in a boundary river floodway; and (B) has been damaged by floodwaters or another…

Sec. 27. (a) Except as provided in subsection (b), this section does not apply to the following: (1) A person using chemicals in a normal manner in the production of agricultural products. (2) A person acting in accordance with an appropriate permit issued by the director. (3) A …

Sec. 28. (a) The commission may by order: (1) establish a floodway as a commission floodway; and (2) alter, change, or revoke and terminate the commission floodway. (b) In the order establishing the commission floodway, the commission shall fix the following: (1) The floodway's l…

Sec. 29. (a) All works of any nature for flood control in Indiana that are established and constructed shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout Ind…

Sec. 3. As used in this chapter, "flood easement" means an easement on property to be inundated or covered by water. [Pre-1995 Recodification Citation: 13-2-22-3(15).] As added by P.L.1-1995, SEC.21.

Sec. 3.5. As used in this chapter, "logjam" means an accumulation of lodged trees, root wads, or other debris that impedes the ordinary flow of water through a waterway. The term does not include the development of sandbars, sedimentation, or accumulations of stone or gravel. Log…

Sec. 3.7. As used in this chapter, "mass of wood debris" means an accumulation of lodged trees or other woody debris that does any of the following: (1) Causes or threatens to cause flooding on a road or private property. (2) Impedes navigation by a boat. (3) Reduces the capacity…

Sec. 30. IC 4-21.5 applies to a determination of the commission. [Pre-1995 Recodification Citation: 13-2-22-16.] As added by P.L.1-1995, SEC.21. Amended by P.L.92-2025, SEC.49.

Sec. 31. The commission shall report to the governor periodically the results of the commission's study, investigation, and experience so that any necessary additional powers and duties may be obtained to effect and obtain complete flood control and the protection and preservatio…

Sec. 32. (a) A person who knowingly violates section 20(2), 20(3), or 29 of this chapter commits a Class B infraction. (b) Each day of continuing violation after conviction of the offense constitutes a separate offense. [Pre-1995 Recodification Citations: 13-2-22-13(i); 13-2-22-2…

Sec. 33. (a) A person who knowingly fails to: (1) comply with the requirements of section 20(1) of this chapter; or (2) obtain a permit under section 22 of this chapter; commits a Class B infraction. (b) Each day a person violates section 20(1) or 22 of this chapter constitutes a…

Sec. 34. A person who knowingly fails to comply with section 22(n) of this chapter commits a Class B infraction. Each day a person violates section 22(n) of this chapter constitutes a separate infraction. [Pre-1995 Recodification Citation: 13-2-22-20(b).] As added by P.L.1-1995, …

Sec. 35. The commission may enjoin a violation of this chapter under IC 14-25.5-2. [Pre-1995 Recodification Citation: 13-2-22-21.] As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.22.

Sec. 36. In addition to other penalties prescribed by this chapter, the director may impose a civil penalty under IC 14-25.5-4. As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.23.

Sec. 37. The department and the department of environmental management shall, not later than January 1, 2015, develop and implement a process to improve efficiency and transparency in programs for: (1) water quality certifications from the department of environmental management u…

Sec. 38. (a) As used in this section, "permit" means any of the following: (1) A water quality certification from the department of environmental management under IC 13-13-5-1(1) and Section 401 of the federal Clean Water Act (33 U.S.C. 1341). (2) A permit from the department of …

Sec. 4. As used in this chapter, "water resources" means surface and subsurface water. [Pre-1995 Recodification Citation: 13-2-22-3(16).] As added by P.L.1-1995, SEC.21.

Sec. 5. The commission shall adopt rules under IC 4-22-2 for the following: (1) The transaction of commission business. (2) The administration and exercise of the commission's powers and duties. (3) Subject to IC 14-10-2-1, set the permit fees not less than the minimum fee establ…

Sec. 6. Each county agent, city engineer, county engineer, county surveyor, and state agency shall obtain, provide, and furnish pertinent data and information that is requested by an order of the commission or the office of administrative law proceedings, subject to the approval …

Sec. 7. The commission may do the following: (1) Use any state agency in connection with: (A) the commission's investigation, studies, and preparation of plans; or (B) the performance of other duties. (2) Employ the technical experts, engineers, and clerical and other assistants …

Sec. 8. The commission and the commission's agents, engineers, surveyors, and other employees may enter upon any land or water in Indiana for the purpose of making an investigation, an examination, or a survey provided by this chapter. [Pre-1995 Recodification Citation: 13-2-22-7…

Sec. 9. The commission may conduct hearings at which at least one (1) of the commission members shall preside. Each commissioner may administer oaths. The commission may obtain information for the commission's purposes from any person, including issuing subpoenas to require the a…

Sec. 1. The board of county commissioners of each county may declare any stream or watercourse in the county navigable on the petition of at least twenty-four (24) freeholders of the county residing in the vicinity of the stream. [Pre-1995 Recodification Citation: 13-2-4-1.] As a…

Sec. 2. (a) On the filing of a petition under section 1 of this chapter, the board of county commissioners shall have an examination of the stream or watercourse made by a suitable person to ascertain and report to the board of county commissioners the following: (1) The length o…

Sec. 3. A person who obstructs a stream or watercourse declared navigable is subject to the same penalties as a person who obstructs a public highway. General Indiana law governing: (1) public highways; and (2) the laying out and working of public highways in all other respects; …

Sec. 4. (a) Subject to subsection (b), a riparian owner of land in Indiana bordering upon a navigable stream may do the following without obtaining a permit from the department: (1) Build and maintain: (A) within the premises bordering on the stream; and (B) upon the submerged la…

Sec. 5. The declaration of a watercourse as navigable by a board of county commissioners does not affect a mill, a dam, an aqueduct, a viaduct, a bridge, or machinery on the stream, except if the mill, dam, aqueduct, viaduct, bridge, or machinery has been abandoned for at least t…

Sec. 6. The board of county commissioners may use the money: (1) that is appropriated from the county treasury; and (2) as the board of county commissioners considers necessary; to remove obstructions from streams that are declared navigable under this chapter. [Pre-1995 Recodifi…

Sec. 7. A person living on or owning property along a watercourse that is navigable for boats of a large size may hang gates: (1) at or near the top of the bank; and (2) across a road leading down the bank and terminating at the watercourse; except within the limits of a city or …

Sec. 8. (a) A person, other than a public or municipal water utility, may not: (1) place, fill, or erect a permanent structure in; (2) remove water from; or (3) remove material from; a navigable waterway without a permit from the department. (b) An application for a permit under …

Sec. 9. The department may adopt rules under IC 4-22-2 to identify the location of the ordinary high water mark on the land adjoining the waters of Lake Michigan for purposes of administering this chapter. As added by P.L.164-2020, SEC.59.

Sec. 1. (a) As part of the continuing growth of the population and the development of the economy of Indiana, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before the areas hav…

Sec. 10. (a) The department may, on behalf of the state, acquire nature preserves by gift, devise, purchase, exchange, condemnation, or any other method of acquiring real property or an estate, an interest, or a right in real property. However, an interest owned by the state or b…

Sec. 11. (a) An estate, an interest, or a right in an area may be dedicated by any of the following: (1) A state agency having jurisdiction of the area. (2) Any other unit of government within Indiana having jurisdiction of the area. (3) A private owner of the area. (b) A dedicat…

Sec. 12. Articles of dedication may do the following: (1) Contain restrictions and other provisions relating to the following: (A) Management. (B) Use. (C) Development. (D) Transfer. (E) Public access. (F) Other restrictions and provisions that are necessary or advisable to furth…

Sec. 13. With the approval of the governor and upon the terms and conditions that the department determines, the department may, after the giving of notice and the holding of a public hearing under section 16 of this chapter, enter into amendments of articles of dedication upon a…

Sec. 14. To further the purposes of and to implement this chapter, the department shall do the following: (1) Formulate policies for the selection, acquisition, use, management, and protection of nature preserves. (2) Formulate policies for the selection of areas suitable for reg…

Sec. 15. (a) The nature preserves within the system: (1) are to be held in trust for the benefit of the people of Indiana of present and future generations for those uses and purposes expressed in this chapter that are not prohibited by the articles of dedication; (2) are declare…

Sec. 16. (a) Before the commission: (1) makes a finding of the existence of an imperative and unavoidable public necessity under section 15 of this chapter; (2) grants an estate, an interest, or a right in a nature preserve under section 15 of this chapter; (3) disposes of a natu…

Sec. 17. All units, departments, agencies, and instrumentalities of the state, including: (1) counties; (2) townships; (3) municipalities; (4) public corporations; (5) boards; (6) commissions; (7) colleges; and (8) universities; may and are urged to dedicate as nature preserves s…

Sec. 18. (a) Except as provided in subsection (b), this chapter does not interfere with: (1) the purposes stated in the establishment of or pertaining to; or (2) the proper management and development of: a state or local park, preserve, wildlife refuge, or other area. (b) An agen…

Sec. 2. As used in this chapter, "area" means an area of land, water, or both land and water, whether in public or private ownership, that meets one (1) or both of the following conditions: (1) Retains or has reestablished the area's natural character, although the area need not …

Sec. 3. As used in this chapter, "articles of dedication" means the writing by which an estate, an interest, or a right in an area is formally dedicated as permitted by section 14 of this chapter. [Pre-1995 Recodification Citation: 14-4-5-2(d).] As added by P.L.1-1995, SEC.24.…