Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 19. (a) The ballot provided for the initial election of supervisors of a newly reestablished district must contain the following: (1) The names, in alphabetical order of the surnames, of all the nominees on behalf of whom valid nominating petitions have been filed. (2) A squ…

Sec. 2. In the case of a petition filed under section 1(a)(1) of this chapter to change the boundaries of a district, the following conditions apply: (1) The territory proposed for inclusion in the reconfigured district may consist of two (2) or more separate tracts, and the trac…

Sec. 20. (a) The three (3) candidates who receive the largest number of votes cast in the initial election of supervisors of a newly reestablished district are elected. (b) The terms of office of the elected supervisors are as follows: (1) The individual receiving the highest num…

Sec. 21. (a) The five (5) initial supervisors of a newly reestablished district shall assume the duties of office upon taking and signing an oath of office. The oath shall be administered: (1) to the two (2) appointed supervisors at the date of their appointment by the board; and…

Sec. 22. (a) To proceed with the dissolution of a district under section 14(b) of this chapter in accordance with the results of an election, the supervisors of the district, upon notification of the results of the election, shall do the following: (1) Begin immediately to termin…

Sec. 23. (a) Despite the issuance of a certificate of dissolution of a district under section 22 of this chapter, all contracts to which the district is a party remain in force and effect for the period provided in the contracts. (b) The board: (1) is substituted for the district…

Sec. 24. If a valid petition requesting a change in the boundaries of a district or the dissolution of a district has been denied due to: (1) the determination of the board after a public hearing; or (2) the results of an election held on the local public question; the board may …

Sec. 25. If a district is dissolved under this chapter, the board may prescribe the procedure under which a new district may be organized within the territory encompassed by the dissolved district. As added by P.L.136-1997, SEC.35.

Sec. 3. (a) If: (1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and (2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more existing districts; the petitio…

Sec. 4. (a) If: (1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and (2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more other existing districts; the p…

Sec. 5. If a petition filed under section 1 of this chapter does not meet the requirements set forth in sections 1 through 4 of this chapter, the board shall: (1) declare the petition invalid; (2) in writing, inform the person who filed the petition that the petition is invalid, …

Sec. 6. (a) If a petition filed under section 1 of this chapter meets the requirements set forth in sections 1 through 4 of this chapter, the board shall do the following: (1) Not more than sixty (60) days after the filing of the petition, give due notice that a hearing will be h…

Sec. 7. (a) When considering a petition to change the boundaries of a district, the board shall consider and give due weight to the following: (1) The information presented at the hearing held under section 6 of this chapter. (2) The attitudes toward the change in district bounda…

Sec. 8. Not more than sixty (60) days after a public hearing on a petition is held under section 6 of this chapter, the board shall determine whether the petition should be denied. As added by P.L.136-1997, SEC.35.

Sec. 9. If, after the hearing and consideration of the factors set forth in section 7 of this chapter, the board determines that a petition should be denied, the board shall, when appropriate, do the following: (1) Record the determination. (2) Deny the petition. (3) Notify a rep…

Sec. 1. As used in this chapter, a "certified prescribed burn manager" means a person who has successfully completed the division of forestry's prescribed burn manager training program. As added by P.L.124-2025, SEC.1.

Sec. 10. Damages for injuries or losses as result of a prescribed burn are limited to actual damages. As added by P.L.124-2025, SEC.1.

Sec. 11. The division of forestry shall administer the prescribed burn certification program and standards for completing a prescribed burn plan. As added by P.L.124-2025, SEC.1.

Sec. 2. As used in this chapter, "landowner's agent" refers to a person who has permission from a landowner to use prescribed burning on the landowner's property. As added by P.L.124-2025, SEC.1.

Sec. 3. As used in this chapter, "prescribed burn" or "prescribed burning" means the planned application of fire to a naturally occurring vegetative fuel to accomplish one (1) or more land management objectives, including: (1) a forestry operation; (2) a vegetative fuel reduction…

Sec. 4. As used in this chapter, "prescribed burn plan" means a written plan in a format approved by the division of forestry that establishes the conditions and methods for prescribed burning. As added by P.L.124-2025, SEC.1.

Sec. 5. A landowner has the right to conduct prescribed burning on the landowner's property. However, the privileges and immunities afforded by this chapter are only available to a landowner who complies with section 6 of this chapter. As added by P.L.124-2025, SEC.1.

Sec. 6. (a) Before conducting a prescribed burn under this chapter, a person shall: (1) if the person conducting the controlled burn is not the property's landowner, obtain the written consent of the property's landowner; (2) have a written prescribed burn plan prepared and appro…

Sec. 7. (a) Subject to subsection (b), a certified prescribed burn manager who conducts the prescribed burning in accordance with section 6 of this chapter is immune from civil liability for harm caused by the: (1) prescribed burn; or (2) smoke produced by the prescribed burn. (b…

Sec. 8. If a prescribed burn is completed in accordance with section 6 of this chapter, the prescribed burn is exempt from any prohibition on burning vegetation issued by a county or municipality, including a local disaster emergency declaration under IC 10-14-3-29. As added by P…

Sec. 9. Prescribed burning and the smoke produced by prescribed burning do not constitute a nuisance. As added by P.L.124-2025, SEC.1.

Sec. 1. (a) This chapter does not apply to a dam that is regulated by the Federal Energy Regulatory Commission or owned by the Army Corps of Engineers. (b) For purposes of this chapter, the state does not assume ownership of or responsibility for a low head dam that is not listed…

Sec. 10. The department may use funds appropriated to the department to perform title searches to determine the owners of existing low head dams. As added by P.L.104-2020, SEC.3.

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. (b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam. As added by P.L.1…

Sec. 12. The department shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.104-2020, SEC.3. Amended by P.L.14-2025, SEC.6.

Sec. 13. A person who violates this chapter commits a Class C infraction. As added by P.L.104-2020, SEC.3.

Sec. 13.1. A permit issued by the director after January 1, 2021, for the removal of a low head dam does not expire until two (2) years after any: (1) local, state, or federal administrative or judicial appeals of that permit; or (2) other local, state, or federal permits require…

Sec. 14. A person may appeal an administrative decision or penalty assessed under this chapter under IC 4-21.5. As added by P.L.104-2020, SEC.3. Amended by P.L.92-2025, SEC.45.

Sec. 2. As used in this chapter, "low head dam" means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25)…

Sec. 3. As used in this chapter, "roster" refers to the roster of low head dams adopted under section 4 of this chapter. As added by P.L.104-2020, SEC.3.

Sec. 4. (a) Not later than July 1, 2021, the commission shall adopt a roster of low head dams located in the state that are capable of creating hazardous currents that pose safety issues to swimmers, waders, or boaters. The roster must be updated periodically. (b) The roster of l…

Sec. 5. The department shall do the following: (1) Establish warning sign standards and requirements for low head dams that are on the roster. The department may reference standards or best practices established by the Federal Emergency Management Agency. (2) Provide information …

Sec. 6. A person who owns a low head dam that is on the roster shall do the following: (1) Except as provided in section 7 of this chapter, comply with the warning standards established by the department under section 5(1) of this chapter. (2) Inform the department of any change …

Sec. 7. A person who owns at least two (2) low head dams is exempted from the requirements under section 6(1) of this chapter if: (1) that person has previously installed warning signs in coordination with the department; and (2) that person maintains and repairs the signs that e…

Sec. 8. (a) The owner of a low head dam that is on the roster and that has been damaged or breached shall notify the department within four (4) business days of becoming aware of the damage or breach. (b) The department and the department's agents, engineers, geologists, and othe…

Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to: (1) public safety; (2) stream ecological processes; and (3) navigability. (b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to: (1) promot…

Sec. 8.2. (a) A person under this chapter may remove a low head dam that is an encroachment without a permit issued by the department under IC 14-28-1 or IC 14-29-1 if the following conditions are met: (1) The removal will not adversely affect the efficiency of or unduly restrict…

Sec. 9. (a) A person may not access a low head dam or wade, boat, swim, or access the waters within fifty (50) feet of the low head dam when warning signs are present. (b) Notwithstanding subsection (a), a person who is performing: (1) an assessment, inspection, or maintenance on…

Sec. 1. (a) This chapter does not apply to the following: (1) A structure that meets the following conditions: (A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife. (B) Has a drainage area above …

Sec. 10. (a) The department shall make an engineering inspection of: (1) a significant hazard structure at least one (1) time every three (3) years; and (2) a low hazard structure at least one (1) time every five (5) years; or at more frequent intervals if the exigencies of the c…

Sec. 11. If the department finds that a structure is: (1) not sufficiently strong; (2) not maintained in a good and sufficient state of repair or operating condition; (3) not designed to remain safe during infrequent loading events; or (4) unsafe and dangerous to life and propert…