reglab/housing_qa huggingface dataset:
IN Code § 14-27-7-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-3. Powers and Duties of Department

Sec. 3. The department:(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of levees, dikes, floodwalls, and appurtenant works in, on, or along the rivers and streams of Indiana;(2) shall exercise care to see that the dikes, floodwalls, levees, and appurtenances are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;(3) may adopt rules under IC 4-22-2 for maintenance and operation that are necessary for the purposes of this chapter; and(4) may vary the standards for maintenance and operation, giving due consideration to the following:(A) The type and location of the dike, floodwall, levee, or appurtenance.(B) The hazards to which the dike, floodwall, levee, or appurtenance is or may be exposed.(C) The peril to life or property if the dike, floodwall, levee, or appurtenance fails to perform the structure's function.[Pre-1995 Recodification Citation: 13-2-20-3.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.8.
IN Code § 14-27-7-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-4. Engineering Inspections

Sec. 4. (a) The department shall make an engineering inspection of all levees, dikes, and floodwalls and appurtenant works:(1) at least one (1) time every three (3) years or at more frequent intervals if the exigencies of the case require; or(2) upon the written request of an affected person or agency.(b) The department shall place in the files of the department a report of each inspection conducted under subsection (a).(c) This chapter does not apply to the following:(1) A levee, dike, or floodwall that meets both of the following conditions:(A) Is under a single private ownership.(B) Provides protection only to land or other property under the single private ownership.(2) A dike, floodwall, or levee that is regulated under the federal Mine Safety and Health Act of 1977, unless the dike, floodwall, or levee is proposed to be retained as a permanent structure after bond release.[Pre-1995 Recodification Citation: 13-2-20-4 part.]As added by P.L.1-1995, SEC.20. Amended by P.L.75-1998, SEC.4; P.L.148-2002, SEC.9.
IN Code § 14-27-7-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-5. Notice of Violation

Sec. 5. If the department finds that a dike, floodwall, levee, or appurtenance is:(1) not sufficiently strong;(2) not maintained in a good and sufficient state of repair or operating condition; or(3) unsafe and dangerous to life or property;the department shall issue a notice of violation to the owner of the dike, floodwall, levee, or appurtenance under IC 14-25.5-2.[Pre-1995 Recodification Citation: 13-2-20-4 part.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.10; P.L.71-2004, SEC.11.
IN Code § 14-27-7-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-6. Emergency Measures to Protect Life and Property

Sec. 6. (a) If at any time the condition of a levee, a dike, a floodwall, or an appurtenance becomes so dangerous to the safety of life and property that, in the opinion of the department there is not sufficient time for the issuance and enforcement of a notice of violation for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of the dike, floodwall, levee, or appurtenance in the manner provided in this chapter, the department may immediately take the measures that are essential to provide emergency protection to life and property.(b) The department may recover the cost of the emergency measures from the owner by appropriate legal action.[Pre-1995 Recodification Citation: 13-2-20-5.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.11.
IN Code § 14-27-7-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-7. Violations

Sec. 7. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under:(1) section 5 of this chapter; or(2) IC 13-2-20-4 (before its repeal);commits a Class B infraction. Every day of failure constitutes a separate infraction.[Pre-1995 Recodification Citation: 13-2-20-6.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.12; P.L.71-2004, SEC.12.
IN Code § 14-27-7-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-8. Right of Entry Upon Premises

Sec. 8. The department and the department's agents, engineers, and other employees may, for the purposes of determining the department's jurisdiction and performing the engineering inspections provided in section 4 of this chapter, enter upon any land or water in Indiana without liability for trespass. The owner of a levee, dike, or floodwall and appurtenant works shall do the following:(1) Cooperate with the department and the department's agents, engineers, and other employees in the conduct of the inspections.(2) Facilitate access to the dike, floodwall, levee, or appurtenance.(3) Furnish upon request the plans, specifications, operating and maintenance data, or other information that is pertinent to the dike, floodwall, levee, or appurtenance.[Pre-1995 Recodification Citation: 13-2-20-7.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.13.
IN Code § 14-27-7-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7. Regulation of Levees, Dikes, and Floodwalls|14-27-7-9. Exemption of Department From Liability

Sec. 9. This chapter does not create a liability for damages against the department or the department's officers, agents, and employees caused by or arising out of any of the following:(1) The construction, maintenance, operation, or failure of a levee, dike, or floodwall and appurtenant works.(2) The issuance and enforcement of a notice of violation or a rule issued by the department to carry out the department's duties.[Pre-1995 Recodification Citation: 13-2-20-8.]As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.14.
IN Code § 14-27-7.3-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-1. Applicability

Sec. 1. 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.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-2. "Low Head Dam"

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) feet or less. The term does not include:(1) a dam with a downstream structure in place to dissipate the hydraulic energy of the water past the crest of the dam; or(2) ramped impoundments which drop at slopes of five percent (5%) or flatter.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-3. "Roster"

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.
IN Code § 14-27-7.3-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-4. Duties of Commission

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 low head dams must include the following information:(1) The location of the low head dam.(2) To the extent feasible, the name of each low head dam owner. If an owner cannot be identified, the roster must list the owner as unknown.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-5. Duties of Department

Sec. 5. The department shall do the following:(1) Establish warning standards for low head dams that are on the roster.(2) Provide information on low head dam safety.(3) Provide contact information for the department so that a low head dam owner can discuss options for low head dam removal or modification.(4) Not more than ninety (90) days after the commission adopts a roster, notify each identified owner of a low head dam on the roster by certified mail of the requirements for a low head dam under this chapter.(5) Not more than ninety (90) days after the department receives information of a new owner of a low head dam on the roster, notify the new owner by certified mail of the requirements for a low head dam under this chapter.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-6. Duties of Owner

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 of ownership of the low head dam not more than thirty (30) days after the change.(3) Except for a low head dam owned by the state, maintain general liability insurance, with a general aggregate limit of not less than one million dollars ($1,000,000), to cover claims from injuries and death that the low head dam may cause, and before July 1 of each year provide the department with proof of insurance.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-7. Exemption for Certain Owners

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 exist.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-8. Damage or Breach; Duty to Notify; Inspections; Right of Entry Upon Premises

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 other employees may, for purposes of conducting an assessment of the low head dam that has been reported as damaged or breached, enter upon any land or water in Indiana without liability for trespass. The owner of the low head dam shall do the following:(1) Cooperate with the department and the department's agents, engineers, geologists, and other employees in the conduct of the assessment.(2) Facilitate access to the low head dam.(c) After the low head dam has been assessed under subsection (b), the department shall provide a written report to each owner of the low head dam.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-9. Prohibited Acts

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 or removal of a low head dam with the written permission of the owner; or(2) duties of the department;is exempt from this section.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-10. Title Searches by Department

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.
IN Code § 14-27-7.3-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-11. Department Immunity From Liability

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.104-2020, SEC.3.
IN Code § 14-27-7.3-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-12. Adoption of Rules

Sec. 12. The department may adopt rules under IC 4-22-2 to implement this chapter.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-13. Violations

Sec. 13. A person who violates this chapter commits a Class C infraction.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-14. Appeal of Administrative Decision or Penalty

Sec. 14. (a) A person may appeal an administrative decision or penalty assessed under this chapter to the commission.(b) IC 4-21.5 applies to proceedings by the commission under this section.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.3-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.3. Low Head Dams|14-27-7.3-15. Recommendations Report

Sec. 15. (a) Not later than October 1, 2020, the department shall:(1) prepare a report that includes recommendations concerning the creation of a low head dam removal program and any recommendations concerning low head dam safety legislation; and(2) submit the report required in this section in an electronic format under IC 5-14-6 to the executive director of the legislative services agency for distribution to the members of the general assembly.(b) This section expires July 1, 2021.As added by P.L.104-2020, SEC.3.
IN Code § 14-27-7.5-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-1. Applicability

Sec. 1. 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 the dam of not more than one (1) square mile.(C) Does not exceed twenty (20) feet in height.(D) Does not impound a volume of more than one hundred (100) acre-feet of water.(2) A structure that is regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-2. "Hazard Classification"

Sec. 2. As used in this chapter, "hazard classification" means a rating assigned to a structure by the department based on the potential consequences resulting from the uncontrolled release of its contents due to a failure or misoperation of the structure.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-3. "Height"

Sec. 3. As used in this chapter, "height" means the vertical dimension of a structure as measured from the lowest point in the natural streambed or watercourse under the centerline of the structure to the top of the structure.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-4. "Owner"

Sec. 4. As used in this chapter, "owner" means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a conservancy district, any other district established by law, or any other person who has a right, a title, or an interest in or to the property upon which the structure is located.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-5. "Structure"

Sec. 5. As used in this chapter, "structure" means a dam and its appurtenant works.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-6. "Volume"

Sec. 6. As used in this chapter, "volume" means the amount of water that is impounded by a structure:(1) at or below the elevation of the top of the structure; or(2) at or below the maximum design flood pool elevation;whichever is lower.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-7 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-7. Maintenance, Repair, and Sale; Duties of Owner

Sec. 7. (a) The owner of a structure shall maintain and keep the structure in the state of repair and operating condition required by the following:(1) The exercise of prudence.(2) Due regard for life and property.(3) The application of sound and accepted technical principles.(b) The owner of a structure shall notify the department in writing of the sale or other transfer of ownership of the structure. The notice must include the name and address of the new owner of the structure.As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004, SEC.13.
IN Code § 14-27-7.5-8 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-8. Powers and Duties of Department; Hazard Classifications

Sec. 8. (a) The department:(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana;(2) shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;(3) shall grant permits for the construction and operation of structures in, on, or along the rivers, streams, and lakes of Indiana;(4) may adopt rules under IC 4-22-2 for permitting, maintenance, and operation that are necessary for the purposes of this chapter; and(5) may vary the standards for permits, maintenance, and operation, giving due consideration to the following:(A) The type and location of the structure.(B) The hazards to which the structure is or may be exposed.(C) The peril to life or property if the structure fails to perform the structure's function.(b) The department shall establish by rule the criteria for assigning a hazard classification to a structure that is based on the potential consequences resulting from the uncontrolled release of the structure's contents due to a failure of the structure. The hazard classification system must include the following classes of structures:(1) High hazard: A structure the failure of which may cause the loss of life and serious damage to homes, industrial and commercial buildings, public utilities, major highways, or railroads.(2) Significant hazard: A structure the failure of which may damage isolated homes and highways, or cause the temporary interruption of public utility services.(3) Low hazard: A structure the failure of which may damage farm buildings, agricultural land, or local roads.As added by P.L.148-2002, SEC.15.
IN Code § 14-27-7.5-9 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 27. Levees, Dams, and Drainage|Chapter 7.5. Regulation of Dams|14-27-7.5-9. High Hazard Structures; Inspections; Report; Duty to Make Repairs or Alterations; Notice of Violation

Sec. 9. (a) The owner of a high hazard structure shall:(1) have a professional engineer licensed under IC 25-31 make an engineering inspection of the high hazard structure at least one (1) time every two (2) years;(2) submit a report of the inspection in a form approved by the department to the department. The report must include at least the following information:(A) An evaluation of the structure's condition, spillway capacity, operational adequacy, and structural integrity.(B) A determination of whether deficiencies exist that could lead to the failure of the structure, and recommendations for maintenance, repairs, and alterations to the structure to eliminate deficiencies, including a recommended schedule for necessary upgrades to the structure.(b) If after an inspection under subsection (a) the licensed professional engineer who conducted the inspection determines that maintenance, repairs, or alterations to a high hazard structure are necessary to remedy deficiencies in the structure, the owner shall perform the recommended maintenance, repairs, or alterations.(c) The department shall issue a notice of violation under section 11 of this chapter to the owner of a high hazard structure who fails to:(1) have the structure inspected under subsection (a);(2) perform recommended maintenance, repairs, or alterations to the structure under subsection (b); or(3) biennially submit the inspection report prepared under subsection (a).(d) The department may make an engineering inspection of a high hazard structure to ensure compliance with this chapter.As added by P.L.148-2002, SEC.15. Amended by P.L.1-2003, SEC.60; P.L.186-2003, SEC.72.