Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 3. The letter required by section 2 of this chapter must state the following: (1) The names and addresses of the drainage or levee commissioners or the members of the board of directors. (2) The date and place of meeting of the commissioners or board of directors to make per…

Sec. 4. Upon the receipt of notice under section 2 of this chapter or at any time thereafter, the department may obtain, collate, and interpret the data, statistics, or other information relative to the proposed ditch, drain, levee, or dike that in the discretion of the departmen…

Sec. 5. The department may, upon the receipt of a request in writing from: (1) the circuit or superior court or the board of county commissioners having jurisdiction of the case; (2) the drainage or levee commissioners; (3) the board of directors of an incorporated levee or dike …

Sec. 6. The department may direct the technical advisor designated under section 5 of this chapter to do any of the following: (1) Accompany the drainage or levee commissioners, the joint board of drainage commissioners, or the board of directors of an incorporated levee or dike …

Sec. 1.2. "Boundary river", for purposes of this chapter, means the part of the Ohio River that forms the boundary between Kentucky and Indiana. As added by P.L.135-1997, SEC.11.

Sec. 1.3. "Boundary river floodway", for purposes of this chapter, means the floodway (as defined by IC 14-8-2-102) of a boundary river. As added by P.L.135-1997, SEC.12.

Sec. 10. The title to all land, easements, flood easements, or other interest in land or other property or rights acquired by the commission must be: (1) approved by the attorney general; and (2) taken in the name of the state of Indiana. [Pre-1995 Recodification Citation: 13-2-2…

Sec. 11. (a) The commission may exercise the power of eminent domain. If the commission is unable to agree with the owner for the purchase of: (1) land; (2) an easement; (3) a flood easement; (4) other interest in land; or (5) other property or right that in the commission's opin…

Sec. 12. The commission has jurisdiction over the public and private waters in Indiana and the adjacent land necessary for flood control purposes or for the prevention of flood damage. The commission shall do the following: (1) Make a comprehensive study and investigation of all …

Sec. 13. (a) The commission may construct flood control works or a part of flood control works. The commission may perform the duties in cooperation with any of the following: (1) A person. (2) A state agency. (3) Other states or an agency of another state. (4) The United States …

water resources Sec. 14. The commission shall do the following: (1) Make surveys and investigations of the water resources of Indiana, giving consideration to the need for and appropriate sources of suitable water supplies for domestic, agricultural, municipal, industrial, power,…

Sec. 15. (a) The commission shall, in the course of the commission's investigations and surveys of multiple purpose flood control reservoirs, obtain recommendations from the department relative to the comprehensive planning of: (1) recreational facilities; (2) hunting and fishing…

agencies Sec. 16. The commission shall do the following: (1) Encourage and promote local initiative and effort in providing flood control and in the development of water resources, subject to the regulation and control provided by law. (2) Cooperate with, advise, disseminate info…

Sec. 17. The commission may do the following: (1) Represent and act for and in behalf of the state, subject to the approval of the governor, in all matters of flood control and the water resources of Indiana with the United States and any other state. (2) Cooperate with, obtain, …

Sec. 18. (a) This section applies to real property: (1) for which the state has the custody, management, possession, or control; and (2) in which the state has a right, a title, or an interest. (b) The state may, with the written approval of the governor, give, grant, and convey …

Sec. 19. Sections 20, 21, 22, 23, 24, and 25 of this chapter do not apply to any of the following: (1) An abode or a residence constructed on land that meets the following conditions: (A) Is between the 791.0 mile marker and the 791.5 mile marker on the Ohio River. (B) Is adjacen…

As added by P.L.164-2020, SEC.58. Repealed by P.L.191-2023, SEC.7.

Sec. 2. As used in this chapter, "flood control" means the following: (1) The prevention of floods. (2) The control, regulation, diversion, or confinement of flood water or flood flow. (3) The protection from flood water, according to sound and accepted engineering practice and i…

Sec. 20. A person may not do any of the following: (1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter. (2) Except as authorized under section 26.5 of this chapter,…

Sec. 21. A structure, an obstruction, a deposit, or an excavation described in section 20(2) of this chapter is a public nuisance. The director may commence, maintain, and prosecute an appropriate action to enjoin or abate a nuisance, including the following: (1) Any of the nuisa…

Note: This version of section amended by P.L.247-2023, SEC.6. See also preceding version of this section amended by P.L.191-2023, SEC.8. Sec. 22. (a) As used in subsection (b)(1) with respect to a stream, "total length" means the length of the stream, expressed in miles, from the…

Sec. 22.1. (a) A permit issued under section 22(j)(3) of this chapter on or before July 1, 2014, for a quarrying or aggregate company that is active for the excavation of industrial materials, including: (1) clay and shale; (2) crushed limestone and dolostone; (3) dimension limes…

As added by P.L.199-2021, SEC.7. Amended by P.L.104-2022, SEC.95. Expired 7-1-2022 by P.L.199-2021, SEC.7.

Sec. 22.3. (a) This section applies to local flood plain administrators in a county having a population of more than sixty-five thousand (65,000) and less than sixty-six thousand six hundred (66,600). (b) A local flood plain administrator may issue a variance allowing a structure…

director is prohibited from exercising authority Sec. 23. (a) The director may remove or eliminate a structure, an obstruction, a deposit, or an excavation in a floodway that: (1) adversely affects the efficiency of or unduly restricts the capacity of the floodway; (2) constitute…

Sec. 24. (a) This section does not apply to the reconstruction of a residence located in a boundary river floodway. (b) A person may not begin the reconstruction of an abode or a residence that is located in a floodway and is substantially damaged (as defined in 44 CFR 59.1, as i…

permits; violation 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 …

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…

permits; fees 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 floodwat…

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…

specifications 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…

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. 30. IC 4-21.5 applies to the commission. [Pre-1995 Recodification Citation: 13-2-22-16.] As added by P.L.1-1995, SEC.21.

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. 39. (a) Before July 1, 2023, the department shall adopt a license for the following activities in a floodway: (1) Removal of trees. (2) Channel maintenance. (3) Bank reconstruction, repair, and stabilization. (b) This section expires July 1, 2024. As added by P.L.141-2022, S…

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.

As added by P.L.141-2022, SEC.47. Repealed by P.L.175-2023, SEC.1.

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, subject to the approval of the governor. [Pre-1995 Recodification Citati…

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…