reglab/housing_qa huggingface dataset:
IN Code § 14-26-2-10 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-10. Notice and Hearing

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 on a lot by lot basis; or(3) the mining;of a public freshwater lake without giving notice and the opportunity for a public hearing at the county seat of the county in which the public freshwater lake is located.(b) The notice must:(1) generally describe the project for which a permit has been requested to authorize;(2) state that the public has a right to request that a hearing be held on the proposed project;(3) state that persons interested in or affected by the proposed project may speak at the hearing; and(4) be published two (2) times, seven (7) days apart, in two (2) daily newspapers in the county in which the public freshwater lake is located, in the manner prescribed by IC 5-3-1.(c) If a hearing is requested within ten (10) days after the final publication of the notice, the department shall do the following:(1) Hold a public hearing in the manner stated in the notice.(2) Give notice of the date, time, and place of the hearing as prescribed in subsection (b).(3) Consider the public comments concerning the proposed project before the department makes a decision concerning the proposal.[Pre-1995 Recodification Citation: 13-2-11.1-6(a), (b), (c).]As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.7.
IN Code § 14-26-2-11 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-11. Sand Mining

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) but less than seven hundred thousand (700,000).(b) Sand mining may be conducted at the lake only if approved by resolution of the legislative body of the city after a public hearing.(c) A sand mining operation at the lake:(1) is subject to and shall be conducted in accordance with the regulations and permit process of the United States Army Corps of Engineers and the United States Environmental Protection Agency; and(2) is subject to local supervision and monitoring by the city engineer of the city in which the lake lies.(d) A person performing the sand mining is liable for any damages directly attributable to the sand mining operation to any real property located within a one (1) mile radius of the lake.(e) After mining operations are completed, the lake may not be used as a sanitary landfill or as a hazardous waste site.[Pre-1995 Recodification Citation: 13-2-11.1-6(d).]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-12 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-12. Permit to Construct Channels

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 the shoreline of the public freshwater lake approve of the channel construction.(b) This section does not prevent the department from issuing a permit to construct small private drainage channels.[Pre-1995 Recodification Citation: 13-2-11.1-7.]As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.8.
IN Code § 14-26-2-13 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-13. Sewage Disposal Facilities for Housing Developments

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 part of a change in shoreline requested under this chapter.[Pre-1995 Recodification Citation: 13-2-11.1-8.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-14 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-14. Applicability to Private Cooling or Pollution Control Ponds

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 water subject to this section does not become a body of public water for the purpose of permitting the state to regulate the quality of water.(c) The state and the citizens of Indiana do not acquire a continuing right or interest in a body of water subject to this section if the owner permits entrance to or recreational use of the body of water by the public.(d) IC 14-22-10-2 applies to a body of water operated under this section.(e) This section does not affect the duties of the department to enforce Indiana fish and wildlife laws as the laws apply to public entrance or recreational use of the body of water.[Pre-1995 Recodification Citation: 13-2-11.1-10.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-14.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-14.5. Determination of Public Use of a Lake

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 owner did not object to the operation by another person of a privately owned boat rental business, campground, or commercial enterprise that allowed nonriparian owners to gain access throughout the lake.(3) A record of regulation of previous construction activities on the lake by the department or the department of conservation (before its repeal).(b) Acquiescence does not exist if a lake has been adjudicated after March 12, 1947, to be a private lake and the department, or the department of conservation (before its repeal), was a party to the adjudication.As added by P.L.6-2008, SEC.9.
IN Code § 14-26-2-15 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-15. Applicability to Tippecanoe River Impoundments

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 the safety or maintenance of a dam or other control structure under IC 14-27-7.5.(b) As used in this section, "alterations to the shoreline" does not include the making of canals or inlets.(c) As used in this section, "construction" includes the building of a pier.(d) Notwithstanding any other law, the department may not regulate or interfere with alterations to the shoreline of or construction on the impoundments.[Pre-1995 Recodification Citation: 13-2-11.1-11.]As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.70.
IN Code § 14-26-2-16 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-16. Applicability to Water Supply Reservoirs

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 include the following:(1) Tributary streams that drain into the body of water.(2) Wetlands associated with those streams.(b) Notwithstanding any other law, the department may not regulate the following activities conducted within the one hundred (100) year flood level of a water supply reservoir:(1) Sediment removal, dredging for the purpose of providing water supply storage, seawall construction, or the maintenance of water intake structures.(2) Restoration or stabilization of the shoreline.(c) This section does not restrict the department's ability to regulate the safety or maintenance of a dam or other control structure under IC 14-27-7.5.[Pre-1995 Recodification Citation: 13-2-11.1-15.]As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.71.
IN Code § 14-26-2-17 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-17. Expiration of Permit

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 issued.[Pre-1995 Recodification Citation: 13-2-11.1-3(c).]As added by P.L.1-1995, SEC.19. Amended by P.L.25-2009, SEC.1.
IN Code § 14-26-2-18 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-18. Posting and Keeping of Permit

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 Recodification Citation: 13-2-11.1-3(d).]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-2-19 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-19. Remedies for Violations

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.
IN Code § 14-26-2-20 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-20. Department May Bring Action for Damages

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.
IN Code § 14-26-2-21 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-21. Violations

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.
IN Code § 14-26-2-22 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-22. Additional Civil Penalties

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 Recodification Citation: 13-2-11.1-16.]As added by P.L.1-1995, SEC.19. Amended by P.L.24-2001, SEC.3; P.L.71-2004, SEC.7; P.L.195-2014, SEC.33.
IN Code § 14-26-2-24 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-24. Public Freshwater Lake Listing

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 freshwater lake the statement must include the following information:(1) The name of the lake.(2) The county and specific location within the county where the lake is located.(b) A person may obtain administrative review from the commission for the listing or nonlisting of a lake as a public freshwater lake through a licensure action, status determination, or enforcement action under IC 4-21.5.As added by P.L.6-2008, SEC.11.
IN Code § 14-26-2-25 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2. Lake Preservation|14-26-2-25. Public Freshwater Lake Petition

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 department, in writing, grants the petition under subsection (a), the body of water becomes subject to this chapter.As added by P.L.6-2008, SEC.12.
IN Code § 14-26-2.1-0.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-0.5. Applicability of Chapter

Sec. 0.5. This chapter applies only to the recreational use of Lake Michigan.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-2.1-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-1. "Lake Michigan"

Sec. 1. As used in this chapter, "Lake Michigan" means:(1) the waters of Lake Michigan;(2) the land under the waters of Lake Michigan; and(3) the land adjoining the waters of Lake Michigan up to the ordinary high water mark;within the boundaries of Indiana.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-2.1-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-2. "Ordinary High Water Mark"

Sec. 2. As used in this chapter, "ordinary high water mark" means the line on the bank or shore of Lake Michigan that is:(1) established by the fluctuations of water; and(2) indicated by physical characteristics, including:(A) a clear and natural line impressed on the shore;(B) shelving;(C) changes in character of soils;(D) the destruction of terrestrial vegetation; and(E) the presence of litter or debris.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-2.1-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-3. Public Trust

Sec. 3. (a) Absent any authorized legislative conveyance before February 14, 2018, the state of Indiana owns all of Lake Michigan within the boundaries of Indiana in trust for the use and enjoyment of all citizens of Indiana.(b) An owner of land that borders Lake Michigan does not have the exclusive right to use the water or land below the ordinary high water mark of Lake Michigan.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-2.1-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-4. Permitted Purposes

Sec. 4. (a) As used in this section, "natural scenic beauty" refers to conditions produced by nature without manmade additions or alterations.(b) As used in this section, "recreational purpose" means any of the following:(1) Walking.(2) Fishing.(3) Boating.(4) Swimming.(5) Any other recreational purpose for which Lake Michigan is ordinarily used, as recognized by the commission for the purposes of this section.(c) The citizens of Indiana have a vested right to:(1) enjoy the natural scenic beauty of Lake Michigan;(2) enjoy and use the natural resources of Lake Michigan; and(3) use Lake Michigan for recreational purposes.(d) The citizens of Indiana have a vested right in the preservation and protection of Lake Michigan.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-2.1-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 2.1. Ownership of Lake Michigan in Public Trust|14-26-2.1-5. Adoption of Rules

Sec. 5. (a) The commission may adopt rules under IC 4-22-2 to administer this chapter.(b) In the adoption of a rule under subsection (a):(1) the public hearing held under IC 4-22-2-26 concerning the proposed rule; and(2) any additional public meeting concerning the proposed rule that is held by:(A) the commission; or(B) officers or employees of the department or any other individuals authorized under IC 4-22-2-15 to perform rulemaking actions other than the final adoption of the rule;may be held only in a county that borders Lake Michigan.As added by P.L.164-2020, SEC.57.
IN Code § 14-26-3-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-1. "Lake" Defined

Sec. 1. As used in this chapter, "lake" includes both meandered and unmeandered lakes.[Pre-1995 Recodification Citation: 13-2-12-3 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-3-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-2. "River" Defined

Sec. 2. As used in this chapter, "river" includes both navigable and nonnavigable rivers and streams.[Pre-1995 Recodification Citation: 13-2-12-3 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-3-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-3. Department Becoming Party to or Prosecuting Action to Preserve Lakes, Rivers, or Streams

Sec. 3. The department may do the following:(1) Become a party, either plaintiff or defendant, to any cause or legal action:(A) that is pending in any court in Indiana; or(B) that is brought or commenced in any court in Indiana;affecting the preservation or maintenance of the lakes, rivers, and streams in Indiana.(2) Commence and prosecute any cause in any court in Indiana for the purpose of preserving and maintaining the waters of the state.[Pre-1995 Recodification Citation: 13-2-12-1.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-3-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-4. Courts Recognizing Department's Right to Become Party

Sec. 4. A court acting under Indiana law shall recognize the right of the department to become a party to any action involving the preservation and maintenance of lakes, rivers, and streams for the purposes set out in this chapter.[Pre-1995 Recodification Citation: 13-2-12-2.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-3-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-5. Department Becoming Party to Drainage Proceeding

Sec. 5. For the purposes and in the manner provided in this chapter, the department may become a party to any drainage proceeding in any court acting under Indiana law, to prosecute or defend any cause that in the opinion of the officers of the department will injuriously affect the water levels of a lake, river, or stream in Indiana.[Pre-1995 Recodification Citation: 13-2-12-3 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-3-6 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties|14-26-3-6. Department as Party in Interest

Sec. 6. In the interest of public health and convenience, the department is a party in interest in the matters set out in this chapter. Nonbenefit or the nonownership of land affected by a cause may not be pleaded in any court acting under Indiana law as a bar to the right of the department to appear, commence, prosecute, or defend in the cause.[Pre-1995 Recodification Citation: 13-2-12-4.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-4-1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 4. Lakes; Average Normal Water Level|14-26-4-1. "Average Normal Water Level" Defined

Sec. 1. As used in this chapter, "average normal water level" of a lake means the level between high water that occurs as a result of excessive precipitation and low water that occurs during protracted dry periods that will do the following:(1) Provide the most benefit to the public.(2) Best protect the public health, welfare, and safety.(3) Best preserve the natural resources of Indiana.[Pre-1995 Recodification Citation: 13-2-13-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-4-2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 4. Lakes; Average Normal Water Level|14-26-4-2. Establishment and Maintenance of Average Normal Water Level

Sec. 2. The department may do the following:(1) Have established, by appropriate legal action, the average normal water level or area of all natural and artificial lakes of Indiana.(2) Construct or sponsor and supervise the construction of dams, spillways, and control works necessary to maintain the average normal water level.[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-4-3 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 4. Lakes; Average Normal Water Level|14-26-4-3. Reports; Preparation

Sec. 3. A concise report containing a description of the lake and location, together with all data necessary to reveal and fix:(1) the average normal water level or area of the lake; and(2) the highest elevation to which the water has risen during the prior ten (10) years;shall be prepared and signed by an officer of the department.[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-4-4 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 4. Lakes; Average Normal Water Level|14-26-4-4. Method of Determination

Sec. 4. The average normal water level shall be determined by means such as the following:(1) Old surveys.(2) Testimony of old inhabitants.(3) The extent to which drainage and other artificial causes have increased or decreased the natural ground water of the area and affected the water levels of the lake.(4) Water level measurements made by the following:(A) The United States Geological Survey.(B) The department.(C) Other agencies.(D) Individuals.(5) Any other pertinent surrounding facts or circumstances.[Pre-1995 Recodification Citation: 13-2-13-2 part.]As added by P.L.1-1995, SEC.19.
IN Code § 14-26-4-5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 26. Lakes and Reservoirs|Chapter 4. Lakes; Average Normal Water Level|14-26-4-5. Reports; Filing

Sec. 5. The department shall file the report with the following:(1) The commission.(2) The clerk of the circuit court with jurisdiction in the county in which the greatest area of the lake is situated.[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]As added by P.L.1-1995, SEC.19.