Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 8. The state may not require compensation for water that: (1) comes from a reservoir impoundment financed by the state; and (2) is provided to water users in an area in which the outlet of the reservoir impoundment has been the primary source of water for domestic, industria…

Sec. 9. A contract that: (1) was entered into under IC 13-2-1-7 (before its repeal) before July 1, 1991; and (2) provides for the sale of water on a unit pricing basis in an area described in section 8 of this chapter; is binding upon the commission. However, the opposite party t…

Sec. 1. This chapter does not apply to the following: (1) Lake Michigan. (2) Land under the waters of Lake Michigan. (3) Any part of the land in Indiana that borders on Lake Michigan. [Pre-1995 Recodification Citation: 13-2-11.1-9.] As added by P.L.1-1995, SEC.19.…

Sec. 1.2. As used in this chapter, "acquiescence" means consent without conditions, tacit or passive compliance, or acceptance. As added by P.L.6-2008, SEC.3.

Sec. 1.5. As used in this chapter, "lake" means a reasonably permanent body of water that: (1) existed on March 12, 1947; (2) is substantially at rest in a depression in the surface of the earth that is naturally created; (3) is of natural origin or part of a watercourse, includi…

Sec. 10. (a) Notwithstanding any other provision of law but subject to section 11 of this chapter, the department may not authorize: (1) the changing of the level; (2) the dredging, other than to maintain channels or construct sea walls, beaches, or near-shore access improvements…

Sec. 11. (a) This section applies to a private lake that lies wholly or in part within any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (b) Sand m…

Sec. 12. (a) The department may not issue a permit for the construction of a channel into a public freshwater lake unless: (1) the channel follows the path of a stream already in existence; or (2) the applicant proves that fifty-one percent (51%) of the property owners abutting t…

Sec. 13. As a condition precedent to action by the department, written approval by the department of environmental management must be obtained for the construction of sewage disposal facilities for housing developments of at least five (5) lots if the developments are an integral…

Sec. 14. (a) This section applies to an off-stream, privately owned pond, lake, reservoir, or other body of water designed and constructed primarily for the reduction or control of pollutants or cooling before discharge of the water into the public water of Indiana. (b) A body of…

Sec. 14.5. (a) For purposes of determining the acquiescence of a riparian owner to allow the public use of a lake, indicators of acquiescence include the following: (1) Evidence that the general public has used the lake for recreational purposes. (2) Evidence that the riparian ow…

Sec. 15. (a) This section applies to impoundments of the Tippecanoe River that are formed by a dam or control structure owned and operated by a public utility for the generation of hydroelectric power. However, this section does not restrict the department's ability to regulate t…

Sec. 16. (a) As used in this section, "water supply reservoir" means a body of water formed by a dam wholly owned and operated by a municipality or a public utility (as defined in IC 8-1-2-1) for the purpose of providing water utility service to the public. The term does not incl…

Sec. 17. (a) Subject to subsection (b), a permit issued under this chapter expires two (2) years after the permit is issued. (b) The commission may adopt rules under IC 4-22-2 providing that a type of permit specified in the rules expires more than two (2) years after it is issue…

Sec. 18. The person to whom a permit is issued under this chapter shall do the following: (1) Post the permit at the site of the activity authorized by the permit. (2) Keep the permit posted at the site where the activity is authorized until the activity is completed. [Pre-1995 R…

Sec. 19. The department may seek relief under IC 14-25.5-4 for the violation of this chapter. [Pre-1995 Recodification Citation: 13-2-11.1-12.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.4.

Sec. 2. As used in this chapter, "natural resources" means the water, fish, plant life, and minerals in a public freshwater lake. [Pre-1995 Recodification Citation: 13-2-11.1-1 part.] As added by P.L.1-1995, SEC.19.

Sec. 20. The department may bring an action under IC 14-25.5-4 for damages caused by a person who violates this chapter. [Pre-1995 Recodification Citation: 13-2-11.1-13.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.5.

Sec. 21. A person who violates section 7 or 23 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 13-2-11.1-14.] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.6; P.L.195-2014, SEC.32.

Sec. 22. In addition to other penalties prescribed by this chapter or IC 13-2-11.1 (before its repeal), the director may impose a civil penalty of not more than ten thousand dollars ($10,000) under IC 14-25.5-4 for a violation of section 7 or 23 of this chapter. [Pre-1995 Recodif…

Sec. 23. (a) Unless a person obtains a permit from the department under this section and conducts the activities according to the terms of the permit, a person may not conduct the following activities: (1) Over, along, or lakeward of the shoreline or water line of a public freshw…

Sec. 24. (a) Relying on recommendations of the department and the advisory council established by IC 14-9-6-1, the commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a nonrule policy statement that lists the public freshwater lakes in Indiana. For each public freshw…

Sec. 25. (a) The owner or owners of the entire shoreline or water line of: (1) a lake; (2) a pond; or (3) another reasonably permanent body of water that is substantially at rest; may petition the department to declare the body of water a public freshwater lake. (b) If the depart…

Sec. 3. (a) As used in this chapter, "public freshwater lake" means a lake that has been used by the public with the acquiescence of a riparian owner. (b) The term does not include the following: (1) Lake Michigan. (2) A lake lying wholly or in part within the corporate boundarie…

Sec. 4. As used in this chapter, "shoreline or water line" means: (1) if the water level has been legally established, the line formed on the bank or shore by the water surface at the legally established average normal level; or (2) if the water level has not been legally establi…

Sec. 5. (a) As used in this section, "natural scenic beauty" means the natural condition as left by nature without manmade additions or alterations. (b) As used in this section, "recreational purpose" means the following: (1) Fishing. (2) Boating. (3) Swimming. (4) The storage of…

Sec. 7. (a) This section applies to a public freshwater lake, regulated or otherwise, that covers an area of at least ten (10) acres. (b) A person may not order or recommend the: (1) construction; (2) reconstruction; (3) recleaning; or (4) repair; of a ditch, dam, or other projec…

Sec. 8. Accretion rights in public freshwater lakes are limited to land from which the waters have receded or may recede from natural causes only. Accretion rights do not accrue to a riparian landowner as a consequence of lowering the public freshwater lake level by any of the fo…

Sec. 1. A person, an officer, a corporation, a limited liability company, or an association authorized by law to maintain, protect, or repair a levee constructed under Indiana law may purchase for the use of the levee the real property that is necessary, in the opinion of the per…

Sec. 2. A person who knowingly rides or drives upon or over a levee constructed under law, except for the purpose of: (1) passing over the levee: (A) at a public or private crossing; or (B) upon a part of a public highway; or (2) inspection or repair; commits a Class B infraction…

Sec. 1. The part of the Kankakee River that flows through Indiana from the Indiana-Michigan border to the Indiana-Illinois border is a navigable stream for the purpose of exercise of the police power of the state. [Pre-1995 Recodification Citation: 13-2-5-1.] As added by P.L.1-19…

Sec. 1. The general purposes of this chapter are to do the following: (1) Promote the general health and welfare of citizens of Indiana by promoting the preservation of areas of unusual natural interest for scientific, educational, recreational, cultural, and aesthetic purposes a…

Sec. 10. (a) The department may accept contributions and pledges to the fund. Pledges made contingent on appropriation of state money are acceptable and shall be reported with other pledges as set forth in this section. (b) On each December 1 that precedes the beginning of a new …

Sec. 11. (a) To ensure the proper management of natural areas acquired in the campaign, concurrent with the acquisition of each campaign site: (1) an amount equal to twenty percent (20%) of the appraised value of the acquisition shall be transferred from the fund to an account de…

Sec. 12. The trustee of trust I and trust II shall do the following: (1) Accept the following: (A) Transfers from the fund to trust I and trust II in accordance with this chapter. (B) Any other unrestricted contribution to the trust. (2) Invest contributions to trust I to earn th…

Sec. 13. The department shall use the fund, in accordance with this chapter, to acquire natural areas by purchase, gift, or reimbursement to complete the state nature preserve system. A site may not be acquired as part of the campaign that has not been approved for registry. In a…

Sec. 14. The total acreage to be acquired in the campaign may not exceed fifteen thousand (15,000) acres. Campaign acquisition purchases may be made only from willing sellers. [Pre-1995 Recodification Citation: 14-4-5.1-7.] As added by P.L.1-1995, SEC.24.

Sec. 15. The division shall prepare, on a quarterly basis, instructions for the trustee of trust I and trust II regarding distribution of income. In preparing these instructions, the division shall consider the following: (1) What entities have primary management responsibility f…

Sec. 16. The division may instruct the trustee of trust II to distribute part or all of the principal of trust II to an entity primarily responsible for management of a campaign acquisition if, in the discretion of the division, the income that can be made available to that entit…

Sec. 17. The commission may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1995 Recodification Citation: 14-4-5.1-10.] As added by P.L.1-1995, SEC.24.

Sec. 2. As used in this chapter, "appraised value" means the value of property without consideration of the effect, if any, of dedication or other preservation related restrictions. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.

Sec. 3. As used in this chapter, "campaign" refers to the Indiana natural heritage protection campaign established by this chapter. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.

Sec. 4. As used in this chapter, "division" refers to the division of nature preserves. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.

Sec. 5. As used in this chapter, "fund" refers to the Indiana natural heritage protection fund established by this chapter. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.

Sec. 6. As used in this chapter, "registry" refers to the Indiana natural areas registry: (1) created by IC 14-31-1-8; and (2) administered by the division under IC 14-31-1-9. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.

Sec. 7. As used in this chapter, "trust I" refers to the Indiana natural heritage stewardship trust I authorized by this chapter. [Pre-1995 Recodification Citation: 14-4-5.1-2 part.] As added by P.L.1-1995, SEC.24.