reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-6. Reports; Docket; Notice

Sec. 6. The clerk of the circuit court shall do the following:
(1) Immediately docket the report as a cause of action pending in the circuit court of the county.
(2) Cause notice to be published for two (2) consecutive weeks in two (2) newspapers of general circulation in each county in which the lake is situated. The notice must briefly describe the nature of the report and fix a day for the hearing of the report.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-7. Court to Hear Evidence

Sec. 7. The court shall, on the day fixed in the notice or on a later day to be fixed by the court, hear all of the evidence submitted respecting the matter submitted by the following:
(1) The department.
(2) Any other agency of government.
(3) Any affected landowners.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-8. Findings; Judgments

Sec. 8. (a) After the hearing, the court shall do the following:
(1) Make findings of fact.
(2) Give an appropriate judgment establishing the level and area of the lake.
(b) If the judgment is favorable to the moving party, a description of:
(1) a monument;
(2) the location of the monument; and
(3) all data furnished by the report;
shall be made a part of the court's findings and judgment by reference.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-9. Lake Level Record

Sec. 9. (a) If the judgment is favorable to the moving party, the findings and judgment of the court properly certified by the clerk of the court shall be recorded in a lake level record to be kept in the recorder's office of each county having land draining into the lake. Each county in which is situated a lake other than a private lake shall provide record books for this purpose. The county recorders may make the recordings by pasting or otherwise securely attaching the report containing all descriptive material in the record, which shall be properly indexed and paged.
(b) The clerk and the county recorder may not make or enter of record a charge for their services.
(c) Certified copies of the record of the judgment of the court as kept in the office of the clerk of the circuit court and of the records recorded in the office of the county recorder shall be received in evidence in any court in Indiana as conclusive evidence of all matters contained in the records.
(d) The department shall make and keep a similar record as a part of the public records of the state.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-10. Monument

Sec. 10. Within one (1) year after the court has established the average normal water level or area, the department shall construct a suitable permanent monument as prescribed in the findings of the court on the shore of the lake. The monument must contain the following:
(1) The name of the lake.
(2) The average water normal level.
(3) The size if established.
(4) The highest level to which the lake has risen during the ten (10) years preceding the time of the filing of the complaint.
[Pre-1995 Recodification Citation: 13-2-13-1(b).]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-11. Applicability to Dams, Spillways, and Control Works

Sec. 11. The requirements and procedure prescribed by this chapter for reports, notice, court procedure, and record apply to all dams, spillways, and control works provided for in this chapter.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 4. Lakes; Average Normal Water Level › 14-26-4-12. Construction of Dams, Spillways, or Control Works

Sec. 12. The department may do the following:
(1) Accept contributions or grants-in-aid from:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies;
to finance the construction of dams, spillways, or control works to maintain the average normal water level of a lake.
(2) Sponsor the building of dams, spillways, or control works to maintain the average normal water level of a lake.
(3) Sponsor the building of dams, spillways, or control works by:
(A) an individual;
(B) a group of individuals; or
(C) county, state, or federal agencies.
The department shall supervise the construction.
[Pre-1995 Recodification Citation: 13-2-13-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-1. Applicability of Chapter

Sec. 1. This chapter applies to freshwater lakes having an area of at least ten (10) acres.
[Pre-1995 Recodification Citation: 13-2-15-1(a) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-2. "Normal Water Level of a Lake" Defined

Sec. 2. As used in this chapter, "normal water level of a lake" means:
(1) the water level of the lake established by law; or
(2) if the water level has not been established, the level where the presence and action of the water has been so constant as to give to the bed of the lake a character distinct from that of the surrounding land with regard to vegetation and the nature of the soil.
[Pre-1995 Recodification Citation: 13-2-15-3.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-3. Permit Required for Certain Work on Ditches and Drains; Exception

Sec. 3. (a) This section does not apply to a ditch or drain if:
(1) water from the ditch or drain empties into a lake before activities referred to in subsection (b) begin;
(2) water from the ditch or drain continues to empty into the lake at the same location after the activities are completed; and
(3) the activities are conducted using best management practices for soil and erosion control.
(b) A person may not:
(1) locate, make, dig, dredge, construct, reconstruct, repair, or reclean; or
(2) order or recommend the location, establishment, construction, reconstruction, repair, or recleaning of;
a ditch or drain having a bottom depth lower than the normal water level of a lake within one-half (1/2) mile of the lake without a permit from the department.
[Pre-1995 Recodification Citation: 13-2-15-1(a) part.]
As added by P.L.1-1995, SEC.19. Amended by P.L.28-2007, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-4. Request for Permits; Fees

Sec. 4. (a) A request for a permit may be made by any person interested in the proposed work by filing with the department the following:
(1) A brief statement and description of the work.
(2) Plans and specifications for the work.
(3) An investigation fee of a minimum of twenty-five dollars ($25).
(b) Subject to IC 14-10-2-1, the commission may set an investigation fee above the minimum fee established under subsection (a)(3).
[Pre-1995 Recodification Citation: 13-2-15-1(b) part.]
As added by P.L.1-1995, SEC.19. Amended by P.L.195-2017, SEC.42.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-5. Permits; Investigation Upon Request

Sec. 5. The department shall promptly consider a request by making an investigation of the land, water, lakes, fish, wildlife, and botanical resources that may be affected by the proposed work.
[Pre-1995 Recodification Citation: 13-2-15-1(b) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-6. Permits; Issuance

Sec. 6. If the department finds that the proposed work will not:
(1) endanger:
(A) the legally established water level of a lake; or
(B) the normal water level of a lake whose water level has not been legally established; or
(2) result in unreasonably detrimental effects upon fish, wildlife, or botanical resources;
the department shall promptly grant the request and issue a permit to the person requesting the permit.
[Pre-1995 Recodification Citation: 13-2-15-1(b) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-7. Safeguards

Sec. 7. If the department finds that the proposed work could be done provided certain safeguards are included in the proposed work, the department shall designate the safeguards that will in the department's opinion protect the lake.
[Pre-1995 Recodification Citation: 13-2-15-1(b) part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-7.4. Time Requirements for Approval or Refusal of Permit Request

Sec. 7.4. If a request for a permit is submitted under this chapter by or for a county drainage board for a project for the reconstruction or maintenance of a regulated drain under IC 36-9-27, the department shall approve or refuse the request within one hundred fifty (150) calendar days after the request is deemed complete by the department. A request held more than one hundred fifty (150) calendar days by the department without being either approved or refused shall be considered approved.
As added by P.L.180-1995, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-7.6. Refusal of Permit Request; Notice and Hearing

Sec. 7.6. (a) If the department refuses to issue a permit after an investigation under section 5 of this chapter, the department shall promptly cause a public notice to be given by one (1) publication in a newspaper of general circulation published in the county in which the lake or any part of the lake is located. The notice must state that, on the date set forth in the notice, which may not be less than ten (10) days after the publication, at a designated place in the county, the department will hold a hearing on the request, and any interested person appearing at the hearing will have the right to be heard. The notice must contain a brief description of the proposed work and a statement of the department's reasons for refusing to issue a permit and of the safeguards, if any, that the department considers necessary to protect the water level of the lake. The hearing shall be held by the director of the department or by the director's designee. A hearing held under this subsection is a nonevidentiary hearing. The rules of evidence and IC 4-21.5 do not apply to the hearing.
(b) If the request of a county drainage board for a permit for a project for the reconstruction and maintenance of a regulated drain under IC 36-9-27 is refused, the department shall publish the public notice required by subsection (a) within sixty (60) days after the permit is refused.
As added by P.L.180-1995, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-8. Permits; Expiration

Sec. 8. A permit issued under this chapter expires two (2) years after the permit is issued.
[Pre-1995 Recodification Citation: 13-2-15-1(c).]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-9. Permits, Posting, Keeping

Sec. 9. 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: 13-2-15-1(d).]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-10. Complaints; Filing

Sec. 10. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation that is adversely affected by a decision of the department may appeal the decision by filing a complaint in the circuit or superior court of the county in which the lake or a part of the lake is situated.
(b) If the proposed work is the work petitioned for in a pending drainage proceeding, the complaint:
(1) must be filed in the court in which the drainage proceeding is pending; and
(2) shall be heard and determined as part of the drainage proceeding.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-11. Complaints; Contents

Sec. 11. A complaint must do the following:
(1) State the interest of the person filing the appeal, whether the person is:
(A) proposing to construct, reconstruct, repair, or reclean a ditch or drain on the person's own land; or
(B) a petitioner or other party or public officer in a pending drainage proceeding.
(2) Set forth the plans and specifications of the proposed work.
(3) State the action taken by the department in granting or withholding approval.
(4) State the objections and causes of appeal from the decision of the department.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-12. Complaints; Service of Summons

Sec. 12. A complaint must be filed in the court within thirty (30) days from the date of the decision of the department by causing summons to be issued and served upon the director as summons are served in other civil cases.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-13. Intervention in Proceedings

Sec. 13. Any person, firm, limited liability company, or corporation interested in or affected by the proposed work may intervene in the proceedings before the court.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-14. Court to Hear Evidence De Novo

Sec. 14. The court shall hear de novo all evidence relevant to the issues determined by the department.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-15. Appeals

Sec. 15. An appeal may be had from the finding and judgment of the court as provided by law in other civil cases.
[Pre-1995 Recodification Citation: 13-2-15-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-16. Injunctive Relief

Sec. 16. A person, firm, limited liability company, or corporation that violates or threatens to violate this chapter is subject to an injunction upon a complaint filed by any of the following:
(1) Any person whose land or interest in land may be damaged by the violation.
(2) The department.
[Pre-1995 Recodification Citation: 13-2-15-4.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 5. Lowering of Ten Acre Lakes › 14-26-5-17. Violations

Sec. 17. A person who knowingly violates section 3 of this chapter commits a Class B infraction.
[Pre-1995 Recodification Citation: 13-2-15-1(e).]
As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 6. Lowering of Twenty Acre Lakes › 14-26-6-1. Applicability of Chapter

Sec. 1. This chapter applies to lakes having an area greater than twenty (20) acres.
[Pre-1995 Recodification Citation: 13-2-16-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 6. Lowering of Twenty Acre Lakes › 14-26-6-2. Exemptions

Sec. 2. This chapter does not apply to any of the following:
(1) An artificial lake that is created or used in or in connection with the following:
(A) Supplying a city or town with water.
(B) The generation of electric energy.
(C) The storage of water for a use described in clause (A) or (B).
(2) The waters of Lake Michigan.
(3) A lake owned or controlled by the department.
(4) The waters of an artificial lake in a town located in a county having a population of more than forty-seven thousand (47,000) and less than forty-eight thousand (48,000).
[Pre-1995 Recodification Citation: 13-2-16-2.]
As added by P.L.1-1995, SEC.19. Amended by P.L.170-2002, SEC.94; P.L.119-2012, SEC.120; P.L.104-2022, SEC.93.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 6. Lowering of Twenty Acre Lakes › 14-26-6-3. Violations

Sec. 3. A person who knowingly lowers the water level of a lake more than twelve (12) inches below the high water mark established by the dam or other artificial device creating the lake commits a Class B infraction.
[Pre-1995 Recodification Citation: 13-2-16-1 part.]
As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-1. Applicability of Chapter

Sec. 1. This chapter applies to the following:
(1) The construction of new ditches and drains.
(2) Alterations, changes, or other improvements to existing ditches and drains.
[Pre-1995 Recodification Citation: 13-2-17-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-2. Ditches or Drains Through Line of Freshwater Lake; Dam Required

Sec. 2. A:
(1) person may not locate, make, dig, dredge, or in any manner construct; and
(2) court, county executive, body of viewers, or drainage commissioners may not order or recommend the location, establishment, or construction of;
a ditch or drain cutting into, through, or upon the line of a freshwater lake unless a dam has been provided for and constructed to adequately protect the water level of each lake likely to be affected.
[Pre-1995 Recodification Citation: 13-2-17-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-3. Ditches or Drains Within One-Half Mile of Freshwater Lake; Dam Required

Sec. 3. A person may not locate, dig, make, dredge, or in any way construct a ditch or drain having a bottom depth lower than the level of a freshwater lake as established by law within one-half (1/2) mile of any point on the line of the lake unless a dam has been provided for and constructed to adequately protect the water level of each lake likely to be affected.
[Pre-1995 Recodification Citation: 13-2-17-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-4. Construction of Dams

Sec. 4. A dam required by this chapter shall be constructed:
(1) before any work on the proposed drainage; and
(2) according to plans and specifications furnished or approved by the engineering division.
[Pre-1995 Recodification Citation: 13-2-17-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-5. Interference With Dam, Bank, or Levee Prohibited

Sec. 5. A person may not:
(1) cut into or around;
(2) attempt to cut into or around;
(3) interfere with; or
(4) attempt to interfere with, change, or destroy;
a dam, bank, or levee constructed under Indiana law for the purpose of maintaining the water level of a freshwater lake at the established level.
[Pre-1995 Recodification Citation: 13-2-17-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-6. Interference With Banks or Shores of Freshwater Lakes Prohibited

Sec. 6. A person may not:
(1) cut into or through;
(2) attempt to cut into or through;
(3) interfere with; or
(4) attempt to interfere with;
the banks or shores of a freshwater lake or any part of the lake in such a way as to lower or tend to lower the water of the lake.
[Pre-1995 Recodification Citation: 13-2-17-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-7. Alteration of Dam, Spillway, or Outlet to Lake

Sec. 7. Subject to IC 14-26-8 and IC 36-9-27, a person, court, county executive, body of viewers, or drainage board may not do any of the following:
(1) Interfere with, change, alter, or attempt to interfere with, change, or alter a bank, dam, spillway, or outlet of a freshwater lake.
(2) Dig, dredge, or in any way lower or attempt to lower an outlet or part of an outlet to a freshwater lake at any point in the outlet within three-fourths (3/4) mile of the lake.
[Pre-1995 Recodification Citation: 13-2-17-3.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 7. Lakes; Restrictions on Ditches and Drains › 14-26-7-8. Violations

Sec. 8. A person who violates this chapter commits a Class A infraction. Notwithstanding IC 34-28-5-4, a judgment for a Class A infraction imposed under this section may not exceed five thousand dollars ($5,000).
[Pre-1995 Recodification Citation: 13-2-17-4.]
As added by P.L.1-1995, SEC.19. Amended by P.L.195-2014, SEC.34.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-1. Applicability of Chapter

Sec. 1. This chapter applies to lakes having an area of at least ten (10) acres.
[Pre-1995 Recodification Citation: 13-2-18-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-2. "Shoreline or Water Line" Defined

Sec. 2. As used in this chapter, "shoreline or water line" means the line that is formed around a lake by the intersection of the water in the lake with the adjoining land when the surface elevation of the lake is:
(1) normal;
(2) at the average level; or
(3) at the average normal level established by law.
[Pre-1995 Recodification Citation: 13-2-18-24.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-3. Petition for Control Dam or Other Structure to Maintain Lake Level

Sec. 3. (a) If:
(1) at least twenty percent (20%) of the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of a lake;
(2) the department; or
(3) the board of commissioners of a county in which a lake is located;
desire to stabilize, raise, or establish and maintain the level of the lake by means of a control dam or other structure, diverting water into or away from the lake, pumping water into or out of the lake, or other means, the landowners, department, or county commissioners may apply either separately or jointly for the construction, reconstruction, alteration, and rehabilitation of a control dam or other structure, the construction of pumping stations, the construction, reconstruction, repair, or recleaning of outlet or inlet ditches, or other means by filing a petition with the circuit or superior court of the county in which the greater or greatest area of the lake lies.
(b) A petition must be filed in duplicate with the clerk of the court.
(c) If the petition is approved by the court, attorney's fees become a part of the total costs of the project. If the petition is dismissed, the petitioners shall pay the attorney's fees.
[Pre-1995 Recodification Citation: 13-2-18-1 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-4. Contents of Petition

Sec. 4. A petition must do the following:
(1) State the name of the lake.
(2) State the lake's location by section, township, range, and county.
(3) State the lake's approximate surface area in acres.
(4) Describe the nature of the work desired, whether it is:
(A) the construction, reconstruction, alteration, or rehabilitation of a control dam;
(B) the construction of a pumping station or a diversion ditch;
(C) the construction, reconstruction, repair, or recleaning of an outlet ditch;
(D) a combination of any number of purposes permitted by this subdivision; or
(E) another purpose.
(5) Allege that the work is practicable and of public need.
(6) State the level at which it is desired to maintain or stabilize the lake. The level must be stated with reference to at least one (1) of the following:
(A) Sea level datum if ascertainable.
(B) A lawfully established staff gauge installed in the lake from which the desired water level can be readily observed by an interested or affected party.
(7) If the lake lies in more than one (1) county, show the approximate surface area of the lake in acres that lies in each county.
(8) If the lake or any part of the lake lies within a city or town, state the approximate surface area of the lake that lies within the city or town.
[Pre-1995 Recodification Citation: 13-2-18-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-5. Lake Lying in Two or More Counties

Sec. 5. If the lake lies in at least two (2) counties, the surveyor of the county in which the greater or greatest area of the lake lies shall prepare the plans and specifications and the report required by this chapter.
[Pre-1995 Recodification Citation: 13-2-18-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-6. Bond to Accompany Petition

Sec. 6. If the petition is initiated by the owners of land abutting upon or within four hundred forty (440) yards of the shoreline or water line of the lake, the petition must be accompanied by a bond with good and sufficient freehold sureties to be approved by the clerk of the circuit or superior court. The bond must be:
(1) payable to the state; and
(2) conditioned to pay all costs if the court denies the petition.
[Pre-1995 Recodification Citation: 13-2-18-2 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-7. Docketing of Petition; Notice of Hearing

Sec. 7. (a) Within ten (10) days after the filing of a petition, the clerk shall docket the petition as a cause of action pending in the circuit or superior court. The clerk shall cause notice to be given at least thirty (30) days before the date set for the hearing as follows:
(1) By publication one (1) time each week for two (2) consecutive weeks:
(A) with each publication:
(i) in not less than two (2) newspapers of general circulation published in each county in which the lake is located; or
(ii) if there are not two (2) newspapers of general circulation published in a county, in one (1) newspaper of general circulation published in the county; or
(B) with the first publication of notice in a newspaper or newspapers described in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of each county in which the lake is located.
(2) By posting a written or printed notice at the door of the courthouse in each county in which the lake lies.
(3) By sending written notice to the following:
(A) The county surveyor and county commissioners of each county affected.
(B) The department.
(b) The notice must do the following:
(1) Briefly describe the location and nature of the proposed work contained in the petition.
(2) Fix a day for the hearing on the petition.
[Pre-1995 Recodification Citation: 13-2-18-3 part.]
As added by P.L.1-1995, SEC.19. Amended by P.L.152-2021, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-8. Viewers; Determination

Sec. 8. Before the date set for the hearing, the names of the viewers of the proposed work described in the petition shall be determined as follows:
(1) The president of the board of commissioners of each county affected shall submit in writing to the clerk of the court in which the petition is filed the name of a member of the board of commissioners of the county who will be a viewer.
(2) The director shall submit to the clerk the name of a representative of the department who will serve as a viewer.
(3) The surveyor of each county affected shall serve as a viewer.
[Pre-1995 Recodification Citation: 13-2-18-3 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-9. Viewers; Appointment and Qualifications

Sec. 9. On the day set for the hearing on the form of a petition, the court shall appoint two (2) viewers who shall, with the viewers designated under section 8 of this chapter, pass upon the project as set out. The two (2) viewers appointed by the court:
(1) must be reputable freeholders;
(2) may not be qualified to sign the petitions;
(3) may not be related to an affected landowner; and
(4) must be residents of a county in which the lake lies.
[Pre-1995 Recodification Citation: 13-2-18-4 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-10. Restrictions on County Commissioners as Viewers

Sec. 10. If a petition is filed alone by owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake, a member of the board of county commissioners may not serve as a viewer.
[Pre-1995 Recodification Citation: 13-2-18-4 part.]
As added by P.L.1-1995, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 26. Lakes and Reservoirs › Chapter 8. Lakes; Changes in Levels › 14-26-8-11. Remonstrance or Objection; Time Requirements

Sec. 11. The following have ten (10) days, exclusive of Sundays, from the date of the hearing on the form of a petition to file with the court a remonstrance or an objection to the merits of the petition, notice, or eligibility of any of the viewers:
(1) A person named in the petition.
(2) A person who owns land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.
(3) The department.
(4) The board of commissioners of a county in which the lake lies.
[Pre-1995 Recodification Citation: 13-2-18-5 part.]
As added by P.L.1-1995, SEC.19.