reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-6. Officers

Sec. 6. (a) At the first regular meeting of each year the commission shall elect from the members of the commission the following officers:
(1) A president.
(2) A vice president.
(3) A secretary.
(b) The vice president may act as president of the commission during the absence or disability of the president.
[Pre-1995 Recodification Citation: 13-2-22.6-4 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-7. Regular Meetings

Sec. 7. The commission shall fix the time for holding regular meetings, but the commission shall meet at least one (1) time in January, April, July, and October.
[Pre-1995 Recodification Citation: 13-2-22.6-4 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-8. Special Meetings

Sec. 8. (a) A special meeting of the commission may be called by any member upon written request to the secretary.
(b) The secretary shall send to all the members, at least two (2) days in advance of a special meeting, a written notice fixing the time and place of the meeting.
(c) Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regular meeting; or
(2) all members are present at the special meeting.
[Pre-1995 Recodification Citation: 13-2-22.6-5(a).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-9. Quorum

Sec. 9. A majority of the members of the commission constitutes a quorum. To be official, an action of the commission must be authorized by a majority of the commission at a regular or special meeting.
[Pre-1995 Recodification Citation: 13-2-22.6-5(b).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-10. Disqualification of Interested Members

Sec. 10. A member of the commission or legislative body of the county or municipality may not participate in a hearing or decision upon a zoning matter, other than the preparation and adoption of an initial flood plain zoning ordinance, in which the member is directly or indirectly interested in a financial sense. If a disqualification under this section occurs:
(1) this fact shall be entered on the records of the commission or legislative body; and
(2) the remaining members shall act upon the matter.
[Pre-1995 Recodification Citation: 13-2-22.6-6.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-11. General Powers of Commissions

Sec. 11. The commission may do the following:
(1) Exercise general supervision of and make rules for the administration of the affairs of the commission.
(2) Prescribe uniform rules pertaining to investigations and hearings.
(3) Supervise the fiscal affairs and responsibilities of the commission.
(4) Keep an accurate and a complete record of all commission proceedings and assume responsibility for the custody and preservation of all papers and documents of the commission.
(5) Make recommendations and an annual report to the legislative body of the county or municipality concerning the operation of the commission.
(6) Make recommendations to the legislative body on the adoption of the initial flood plain zoning ordinance and amendments and any other matter within the commission's jurisdiction under this chapter.
(7) Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized under this chapter.
(8) Sue and be sued collectively by the commission's legal name, service of process being had on the president of the commission or any of the members in an action.
(9) Invoke any legal, equitable, or special remedy for the enforcement of this chapter or the commission's action taken under this chapter.
[Pre-1995 Recodification Citation: 13-2-22.6-7.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-12. Annual Budgets

Sec. 12. The commission shall prepare and submit an annual budget. After the legislative body of the county or municipality has passed an ordinance creating a commission:
(1) money may be appropriated to carry out the duties of the commission; and
(2) the commission may expend, under procedure provided by law, money appropriated to the commission for purposes and activities authorized by this chapter.
[Pre-1995 Recodification Citation: 13-2-22.6-8.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-13. Special Nonreverting Commission Funds

Sec. 13. (a) The commission, county, or municipality may accept gifts, donations, and grants from private and governmental sources for commission purposes. Money accepted shall be deposited in a special nonreverting commission fund available for expenditure by the commission for the purpose designated by the donor.
(b) The disbursing officer of the county or municipality shall draw warrants against regular funds or the special nonreverting fund only upon claims signed by the president and secretary of the commission.
[Pre-1995 Recodification Citation: 13-2-22.6-9.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-14. Per Diem Compensation and Traveling Expenses

Sec. 14. (a) The county or municipality may compensate the members of the commission for service on the commission.
(b) When the commission determines that it is necessary for members to attend in another city or county a state, regional, or national conference or interview dealing with planning or related problems, the commission may pay the actual expenses of the attending member if the amount has been made available in the commission's appropriation.
(c) The commission may approve a per diem allowance to a member for the purpose of attending a regular or special meeting held by the commission if the amount has been made available in the commission's appropriation.
[Pre-1995 Recodification Citation: 13-2-22.6-10.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-15. Proposed Initial Flood Plain Zoning Ordinances

Sec. 15. (a) To assure the promotion of public health, safety, convenience, and the general welfare within the commission's jurisdiction, the commission shall prepare a proposed initial flood plain zoning ordinance. The ordinance must provide for the following:
(1) The classification of all land within the jurisdiction of the county or municipality into flood plain or nonflooding areas.
(2) The regulation of land use and the location or construction of buildings and other structures within the areas designated as flood plain areas.
(b) In establishing flood plain districts and regulations, the commission may use the special flood hazard area maps supplied by the Federal Insurance Administration or any other criteria approved by the department.
[Pre-1995 Recodification Citation: 13-2-22.6-11.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-16. Land Classified as Flood Plain Area; Effectiveness of Mappings or Identification

Sec. 16. (a) As used in this section, "flood protection grade" means the elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building.
(b) The land classified as flood plain areas may be:
(1) defined and subclassified in the ordinance as floodway or floodway fringe; and
(2) further identified as to flood protection grade.
(c) The mappings or other identification of the areas become effective only at the time that accurate information is made available to the commission and authenticated by the department or the United States Department of Housing and Urban Development.
[Pre-1995 Recodification Citation: 13-2-22.6-12(a), (b)(2).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-17. Ordinance May Require Buildings or Land to Conform; Improvement Location Permit Fees

Sec. 17. (a) A flood plain zoning ordinance may require that:
(1) a structure may not be located;
(2) a use may not be changed; and
(3) an improvement location permit may not be issued for a structure or change of use;
on land either platted or unplatted within the jurisdiction of the commission unless the structure or use and location conform to the requirements of the flood plain zoning ordinance.
(b) The:
(1) commission may set; and
(2) zoning administrator may collect;
reasonable fees for the issuance of improvement location permits.
[Pre-1995 Recodification Citation: 13-2-22.6-13.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-18. Zoning Administrators; Judicial Review of Administrator's Final Decision

Sec. 18. (a) A flood plain zoning ordinance must designate:
(1) the county auditor;
(2) the county surveyor; or
(3) the municipal clerk or clerk-treasurer;
as applicable, as the zoning administrator who issues improvement location permits within the jurisdiction of the commission and in conformance with the flood plain ordinance.
(b) A final decision of the zoning administrator may be judicially reviewed in the same manner and subject to the same limitations as a final decision of a board of zoning appeals under IC 36-7-4.
[Pre-1995 Recodification Citation: 13-2-22.6-14.]
As added by P.L.1-1995, SEC.21. Amended by P.L.126-2011, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-19. Presentation of Proposed Ordinance to Legislative Body

Sec. 19. (a) The commission shall prepare and present the proposed initial zoning ordinance, with explanatory maps, to the legislative body of the county or municipality.
(b) The legislative body shall do the following:
(1) Consider the proposed initial zoning ordinance.
(2) Return the ordinance within forty-five (45) days with any suggestions and recommendations to the commission for the commission's final report.
[Pre-1995 Recodification Citation: 13-2-22.6-15.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-20. Final Report of Commission on Proposed Ordinance

Sec. 20. A county or municipality may not pass an ordinance under this chapter until:
(1) the legislative body of the county or municipality receives; and
(2) the natural resources commission approves;
the final report of the commission.
[Pre-1995 Recodification Citation: 13-2-22.6-16.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-21. Legislative Action on Proposed Ordinance; Hearing; Notice of Hearing

Sec. 21. (a) After the commission submits the final report, the legislative body of the county or municipality shall give all interested persons an opportunity to be heard with reference to the final report at a public hearing convenient for all persons affected. The legislative body shall publish notice of the hearing in a daily newspaper of general circulation in the county or municipality.
(b) The notice must state the following:
(1) The time and place of the hearing.
(2) That the report contains a flood plain zoning ordinance for the county or municipality.
(3) That written objections to the proposed zoning ordinance filed with the clerk of the legislative body at or before the hearings will be heard.
(4) That the hearing will be continued as is necessary.
(c) The notice shall be published at least two (2) times within the ten (10) days before the time set for the hearing:
(1) with each publication in a daily newspaper of general circulation in the county or municipality; or
(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the county or municipality.
During the ten (10) day period, the proposed zoning ordinance shall be kept on file in the office of the commission or other designated place for public examination.
(d) Upon completion of the public hearing, the legislative body shall proceed to consider the ordinance.
[Pre-1995 Recodification Citation: 13-2-22.6-17.]
As added by P.L.1-1995, SEC.21. Amended by P.L.152-2021, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-22. Legislative Body May Amend or Supplement Regulations or Boundaries in Ordinance

Sec. 22. The legislative body of the county or municipality may amend or supplement the regulations and district boundaries fixed by ordinance under this chapter or IC 13-2-22.6 (before its repeal). However, the area designated as flood plain may not be changed unless the change is based upon data:
(1) supplied by the United States Department of Housing and Urban Development; or
(2) supplied or approved by the department.
[Pre-1995 Recodification Citation: 13-2-22.6-18.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-23. Petition to Amend or Supplement Zoning Ordinance

Sec. 23. The:
(1) commission; or
(2) owners of at least fifty percent (50%) of the land area involved in the matter set forth in a petition;
may present signed petitions to the legislative body of the county or municipality requesting an amendment or supplement of the regulations of the zoning ordinance.
[Pre-1995 Recodification Citation: 13-2-22.6-19.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-24. Referral of Proposed Amendment, Supplement, or Repeal to Commission

Sec. 24. The legislative body shall refer a proposed ordinance for the amendment, supplement, or repeal of the zoning ordinance not originating from petition of the commission to the commission for consideration and a report before the legislative body of the county or municipality takes final action.
[Pre-1995 Recodification Citation: 13-2-22.6-20.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-25. Legislative Action on Proposed Amendment, Supplement, or Repeal; Hearing

Sec. 25. (a) Before the commission submits to the legislative body:
(1) a petition; or
(2) a report on a proposed ordinance referred to the commission;
for an amendment, a supplement, or a repeal of the zoning ordinance, the commission shall hold a public hearing.
(b) At least ten (10) days before the date set for the hearing, the commission shall publish in a newspaper of general circulation in the county or municipality a notice of the time and place of the hearing.
(c) After the public hearing has been held, the commission may by resolution recommend the proposed amendments to the legislative body of the county or municipality. However:
(1) the commission may not recommend; and
(2) the legislative body may not adopt;
flood plain district boundaries less extensive than those established by the United States Department of Housing and Urban Development or the department.
(d) The secretary shall do the following:
(1) Certify a copy of an amendment to the legislative body.
(2) Present the amendment at the legislative body's first meeting following commission action.
[Pre-1995 Recodification Citation: 13-2-22.6-21.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-26. Building or Land Violating Ordinance Declared Public Nuisance; Investigations

Sec. 26. (a) The legislative body of the county or municipality may declare:
(1) a building erected, raised, or converted; or
(2) land or premises used;
in violation of an ordinance or a regulation adopted under this chapter or under IC 13-2-22.6 (before its repeal) to be a common nuisance. The owner of the building, land, or premises is liable for maintaining a common nuisance.
(b) If penalties have been provided for violation of an ordinance, the attorney of the county or municipality shall, upon receipt of information of a violation of an ordinance or a regulation adopted under the county's or municipality's authority, make an investigation of the alleged violation. If the facts are sufficient to establish a reasonable belief that a violation has occurred, the attorney may file a complaint against the violator and prosecute the alleged violation.
[Pre-1995 Recodification Citation: 13-2-22.6-22.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-27. Injunctive Relief

Sec. 27. (a) The commission may institute the following:
(1) A suit for injunction in the circuit court, superior court, or probate court with jurisdiction in the county to restrain an individual or a governmental entity from violating this chapter or an ordinance adopted under this chapter or under IC 13-2-22.6 (before its repeal).
(2) A suit for a mandatory injunction directing an individual or a governmental entity to remove a structure erected in violation of:
(A) this chapter or IC 13-2-22.6 (before its repeal); or
(B) an ordinance adopted under this chapter or under IC 13-2-22.6 (before its repeal).
(b) If the commission is successful in the commission's suit, the respondent shall pay the costs of the action. A change of venue from the county may not be granted.
[Pre-1995 Recodification Citation: 13-2-22.6-23.]
As added by P.L.1-1995, SEC.21. Amended by P.L.84-2016, SEC.73.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-28. Compensation or Damages Precluded for Taking of or Injury to Building or Land Violating Ordinance

Sec. 28. In:
(1) a proceeding by a county or municipality for the taking, appropriation, or condemnation of land; or
(2) an action against a county or municipality;
compensation or damages may not be awarded for the taking of or injury to a structure erected in violation of an ordinance adopted under this chapter or under IC 13-2-22.6 (before its repeal).
[Pre-1995 Recodification Citation: 13-2-22.6-24.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-29. Purpose of Chapter

Sec. 29. (a) It is the purpose of this chapter to enable counties and municipalities that have not adopted effective land use ordinances under IC 36-7 to comply with the requirements of:
(1) the federal National Flood Insurance Act (42 U.S.C. 4001 through 4127);
(2) IC 14-28-1; and
(3) IC 14-28-3;
by permitting the establishment of a single-purpose zoning authority to adopt minimum standards and regulations for the management of identified flood hazard areas.
(b) Because zoning ordinances adopted under comprehensive planning legislation require extensive preparation time and because the national flood insurance program and the state statutes enacted under the program require identified counties and municipalities to regulate land use and improvements to the land in flood hazard areas before those zoning ordinances can be adequately prepared, this chapter authorizes counties and municipalities that do not have land use regulation ordinances in effect to form single-purpose flood plain commissions to administer certain local ordinances, including the following:
(1) A set of minimum standards and regulations to meet the requirements of state and federal flood hazard area programs.
(2) An improvement location permit system to ensure that every new location, land use, or structure in the jurisdiction conforms to flood hazard area regulations.
(3) A set of enforcement procedures suitable to ensure minimum compliance with the regulations.
[Pre-1995 Recodification Citation: 13-2-22.6-25.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-30. Powers of State, Agencies, and Subdivisions Not Affected

Sec. 30. (a) This chapter is supplemental to and does not abrogate the powers extended to agencies, bureaus, departments, commissions, divisions, or officials of state government by other statutes, and these powers remain in full effect. Except as otherwise provided in this chapter, powers of supervision and regulation by divisions of state government over counties, municipalities, individuals, firms, limited liability companies, or corporations also are not abrogated and continue in full effect.
(b) This chapter does not restrict or prohibit the state or any of the state's political subdivisions from the commemoration of persons or objects of historical or architectural interest or value as a part of our citizens' heritage.
[Pre-1995 Recodification Citation: 13-2-22.6-26.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-31. Effect of Ordinances Adopted Under Ic 36-7

Sec. 31. The adoption of a zoning ordinance under IC 36-7 that provides for flood plain management within the jurisdiction of a county or municipality immediately voids a flood plain commission, ordinance, or regulation adopted under:
(1) this chapter; or
(2) IC 13-2-22.6 (before its repeal).
[Pre-1995 Recodification Citation: 13-2-22.6-27.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 5. Repealed

[Pre-1995 Recodification Citations:
14-28-5-1formerly 13-2-23-1(4)14-28-5-2New14-28-5-3formerly 13-2-23-1(2)14-28-5-4formerly 13-2-23-1(1)14-28-5-5formerly 13-2-23-2 part; 13-2-23-3 part14-28-5-6formerly 13-2-23-2 part14-28-5-7formerly 13-2-23-3 part14-28-5-8formerly 13-2-23-414-28-5-9formerly 13-2-23-514-28-5-10formerly 13-2-23-614-28-5-11formerly 13-2-23-7(a)14-28-5-12formerly 13-2-23-8(a)14-28-5-13formerly 13-2-23-914-28-5-14formerly 13-2-23-1014-28-5-15formerly 13-2-23-11.]
Repealed by P.L.189-2018, SEC.138.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 6. Flood Control; Approval of Plans › 14-28-6-1. Requirements for Approval

Sec. 1. Notwithstanding any other law to the contrary, a person may not construct, install, or undertake a work of any nature that is designed to regulate or control the streams or other water of Indiana for the purpose of preventing floods caused by excessive precipitation or otherwise unless the plans meet the following conditions:
(1) The plans are submitted to and approved by the department.
(2) The plans are found to be feasible and will ultimately constitute a part of an integrated plan for the entire state or a designated major watershed.
(3) The plans are not disadvantageous to any other section of Indiana.
[Pre-1995 Recodification Citation: 13-2-24-1 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 6. Flood Control; Approval of Plans › 14-28-6-2. Approval of Federal Government Plans

Sec. 2. If the federal government or an agency of the federal government develops plans for flood control affecting Indiana or a part of Indiana, the department may:
(1) approve the plans; and
(2) permit the use of the plans in the control of floods in Indiana.
[Pre-1995 Recodification Citation: 13-2-24-1 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-1. Petition

Sec. 1. The board of county commissioners of each county may declare any stream or watercourse in the county navigable on the petition of at least twenty-four (24) freeholders of the county residing in the vicinity of the stream.
[Pre-1995 Recodification Citation: 13-2-4-1.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-2. Examination of Waterway

Sec. 2. (a) On the filing of a petition under section 1 of this chapter, the board of county commissioners shall have an examination of the stream or watercourse made by a suitable person to ascertain and report to the board of county commissioners the following:
(1) The length of the stream or watercourse.
(2) How much of the stream or watercourse is capable of being declared navigable.
(b) The board of county commissioners shall confirm the report if the board is satisfied that the stream, if navigable, would be of public utility. Upon confirmation the board shall declare the stream navigable and have the report recorded in the records of the board, as public highways are recorded.
[Pre-1995 Recodification Citation: 13-2-4-2.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-3. Obstruction of Waterway

Sec. 3. A person who obstructs a stream or watercourse declared navigable is subject to the same penalties as a person who obstructs a public highway. General Indiana law governing:
(1) public highways; and
(2) the laying out and working of public highways in all other respects;
applies, as far as applicable, to the defining and working of navigable watercourses.
[Pre-1995 Recodification Citation: 13-2-4-4.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-4. Piers, Wharves, or Docks

Sec. 4. (a) Subject to subsection (b), a riparian owner of land in Indiana bordering upon a navigable stream may do the following:
(1) Build and maintain:
(A) within the premises bordering on the stream; and
(B) upon the submerged land beneath the water;
a pier, wharf, dock, or harbor in aid of navigation and commerce.
(2) Use, occupy, and enjoy the constructed item as appurtenant to the owner's land.
(b) A pier, dock, or wharf may not do any of the following:
(1) Extend into the stream further than is necessary to accommodate shipping and navigation.
(2) Obstruct shipping and navigation.
[Pre-1995 Recodification Citation: 13-2-4-5.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-5. Mills, Dams, Aqueducts, Viaducts, Bridges, or Machinery on the Stream

Sec. 5. The declaration of a watercourse as navigable by a board of county commissioners does not affect a mill, a dam, an aqueduct, a viaduct, a bridge, or machinery on the stream, except if the mill, dam, aqueduct, viaduct, bridge, or machinery has been abandoned for at least twelve (12) months.
[Pre-1995 Recodification Citation: 13-2-4-6.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-6. Removal of Obstructions; Money

Sec. 6. The board of county commissioners may use the money:
(1) that is appropriated from the county treasury; and
(2) as the board of county commissioners considers necessary;
to remove obstructions from streams that are declared navigable under this chapter.
[Pre-1995 Recodification Citation: 13-2-4-7.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-7. Gates

Sec. 7. A person living on or owning property along a watercourse that is navigable for boats of a large size may hang gates:
(1) at or near the top of the bank; and
(2) across a road leading down the bank and terminating at the watercourse;
except within the limits of a city or town.
[Pre-1995 Recodification Citation: 13-2-4-8.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-8. Permits

Sec. 8. (a) A person, other than a public or municipal water utility, may not:
(1) place, fill, or erect a permanent structure in;
(2) remove water from; or
(3) remove material from;
a navigable waterway without a permit from the department.
(b) An application for a permit under this section must be made in a manner prescribed by rule.
(c) The department shall issue a permit if the issuance of the permit will not do any of the following:
(1) Unreasonably impair the navigability of the waterway.
(2) Cause significant harm to the environment.
(3) Pose an unreasonable hazard to life or property.
(d) A separate permit is not required under this section for an activity permitted under any of the following:
(1) IC 14-21-1.
(2) IC 14-28-1.
(3) IC 14-29-3.
(4) IC 14-29-4.
(5) IC 14-34.
(6) IC 14-37.
However, a permit issued under a statute specified in this subsection must also apply the requirements of this section with respect to an activity within a navigable waterway.
(e) A separate permit is not required under this section for an activity for which a permit has been issued under any of the following:
(1) 16 U.S.C. 1451 et seq. (the federal Coastal Zone Management Act).
(2) 33 U.S.C. 1344 (the federal Clean Water Act).
(3) 42 U.S.C. 9601 et seq. (the federal Comprehensive Environmental Response, Compensation, and Liability Act).
(f) The department shall adopt rules under IC 4-22-2 to implement this section.
(g) A person who violates this section commits a Class B infraction.
[Pre-1995 Recodification Citation: 13-2-4-9.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 1. Navigable Waterways › 14-29-1-9. Adoption of Rules; Location of the Ordinary High Water Mark

Sec. 9. The department may adopt rules under IC 4-22-2 to identify the location of the ordinary high water mark on the land adjoining the waters of Lake Michigan for purposes of administering this chapter.
As added by P.L.164-2020, SEC.59.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 2. Navigable Streams; Kankakee River › 14-29-2-1. Identification of Navigable Stream

Sec. 1. The part of the Kankakee River that flows through Indiana from the Indiana-Michigan border to the Indiana-Illinois border is a navigable stream for the purpose of exercise of the police power of the state.
[Pre-1995 Recodification Citation: 13-2-5-1.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 3. Sand and Gravel Permits › 14-29-3-1. Permit Issuance

Sec. 1. The department may issue a permit to a person to take sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana.
[Pre-1995 Recodification Citation: 14-3-1-14.5(a).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 3. Sand and Gravel Permits › 14-29-3-2. Area, Substance, and Fees for Permit

Sec. 2. In issuing a permit under this chapter, the department shall do the following:
(1) Fix by the permit the area within which it is lawful and in the best interests of the state to permit the taking by the permittee of the mineral or substance.
(2) Fix by the permit and collect from the permittee when due the amount of the reasonable value of the mineral or substance to be taken, measured by weight, cubic dimensions, or other common and usual measurement.
(3) Subject to IC 14-10-2-1, collect a minimum fee of fifty dollars ($50) for each permit issued.
[Pre-1995 Recodification Citation: 14-3-1-14.5(b), (c).]
As added by P.L.1-1995, SEC.22. Amended by P.L.195-2017, SEC.48.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 3. Sand and Gravel Permits › 14-29-3-3. Conditions of Permit; Removal of Sand From Lake Michigan Prohibited

Sec. 3. (a) A permit issued under this chapter must include the following conditions:
(1) The permittee shall give bond in the amount and with surety approved by the department for full and prompt compliance with the terms and conditions of the permit.
(2) The permittee shall, monthly or quarterly as the department stipulates, make to the department a verified report and full account and payment for all mineral or substance taken during the preceding month or quarter.
(3) The department may, at any time in reasonable hours, inspect the following:
(A) All books, papers, and records of the permittee relating to the account.
(B) The works and workings of the permittee.
(4) The department may revoke or suspend the permit for the failure of the permittee to comply with this chapter or with the terms and conditions of the permit.
(5) Subject to suspension or revocation, the permit will remain in force for the period that the department determines, not to exceed five (5) years from the date of issuance. However, the permit may be renewed by the permittee by written application filed with the department six (6) months before expiration of the permit.
(6) The works, workings, and operations under the permit must not do any of the following:
(A) Impede the navigation of the water.
(B) Damage or endanger a bridge, highway, railroad, public work, utility, or the property of a riparian owner or adjoining proprietor or adjacent permittee.
(C) Endanger the lives of individuals.
(7) The permittee shall take the measures, to be determined by the department and stipulated in the permit, that are reasonable to avoid the damage and danger.
(8) Except as provided in subsections (c) and (d), if the permittee takes sand from the bed or from under the bed of Lake Michigan, the sand may only be deposited on the beach of Lake Michigan and may not be removed to any other place or used for any other purpose.
(b) The department may also prescribe other reasonable conditions in the permit that are in the best interests of the state.
(c) A permittee that, in accordance with permit conditions, dredges not more than ten (10) cubic yards of sand from the bed or from under the bed of Lake Michigan within a period of thirty (30) days is exempt from subsection (a)(8) with respect to that quantity of sand.
(d) Notwithstanding subsection (a)(8), if the director determines that sand taken from the bed or from under the bed of Lake Michigan contains a toxic material (as defined in IC 13-11-2-233) or a substance that is potentially harmful to human health or to the environment, the sand shall be disposed of in a manner consistent with IC 13-22.
[Pre-1995 Recodification Citation: 14-3-1-14.5(d).]
As added by P.L.1-1995, SEC.22. Amended by P.L.51-2018, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 3. Sand and Gravel Permits › 14-29-3-4. Taking Without Permit

Sec. 4. (a) A person who knowingly takes sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana without a permit commits a Class B infraction.
(b) Each day a violation continues constitutes a separate infraction.
[Pre-1995 Recodification Citation: 14-3-1-14.5(e).]
As added by P.L.1-1995, SEC.22. Amended by P.L.71-2004, SEC.24.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-1. "Channel" Defined

Sec. 1. As used in this chapter, "channel" means:
(1) an artificial channel; or
(2) the improved channel of a natural watercourse;
connecting to any river or stream in Indiana for the purpose of providing access by boat or otherwise to public or private industrial, commercial, housing, recreational, or other facilities.
[Pre-1995 Recodification Citation: 13-2-18.5-1(1).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-2. Regulation of Channel Construction

Sec. 2. The general assembly finds that the unregulated construction of channels may be injurious to the public health, safety, and welfare and that the construction of these channels shall be regulated.
[Pre-1995 Recodification Citation: 13-2-18.5-2.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-3. Approval for Construction

Sec. 3. A person may not construct a channel before receiving the written approval of the commission.
[Pre-1995 Recodification Citation: 13-2-18.5-3.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-4. Permits; Fees

Sec. 4. A person who desires to construct a channel must do the following:
(1) File a verified written application for a permit with the commission that does the following:
(A) States the material facts.
(B) Includes the plans and specifications for the construction of the channel.
(C) Identifies each facility to which the channel will provide access.
(2) Subject to IC 14-10-2-1, include with the application a nonrefundable minimum fee of one hundred dollars ($100).
[Pre-1995 Recodification Citation: 13-2-18.5-4.]
As added by P.L.1-1995, SEC.22. Amended by P.L.195-2017, SEC.49.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-5. Prior Approval by Department of Environmental Management

Sec. 5. Before commission consideration of the application, the applicant must do the following:
(1) Obtain the prior written approval of the department of environmental management for sewage disposal facilities involved with the channel and each facility that the channel is to serve. Prior approval is not required for housing developments of less than six (6) lots.
(2) If a channel will:
(A) connect to a navigable river or stream; and
(B) create additional water areas that will be connected to the navigable river or stream;
dedicate any water created to general public use.
[Pre-1995 Recodification Citation: 13-2-18.5-5.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-6. Order of Authorization

Sec. 6. The commission shall issue an order of authorization if in the opinion of the commission the channel and each facility that the channel is to serve will not do any of the following:
(1) Constitute an unreasonable hazard to life and property.
(2) Result in undue effects upon the water levels of the river or stream or upon fish and wildlife resources.
(3) Adversely affect the public health, safety, and welfare.
[Pre-1995 Recodification Citation: 13-2-18.5-6.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-7. Actions to Enjoin

Sec. 7. The commission may, in the name of the state, maintain an action to enjoin a violation of this chapter.
[Pre-1995 Recodification Citation: 13-2-18.5-7.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-8. Rules Adoption

Sec. 8. The commission may adopt rules under IC 4-22-2 to administer this chapter.
[Pre-1995 Recodification Citation: 13-2-18.5-8.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 4. Construction of Channels › 14-29-4-9. Violations

Sec. 9. (a) A person who violates section 3 of this chapter commits a Class B infraction.
(b) Each day of continuing violation after conviction of the offense or violation constitutes a separate offense or violation.
[Pre-1995 Recodification Citation: 13-2-18.5-10.]
As added by P.L.1-1995, SEC.22. Amended by P.L.71-2004, SEC.25; P.L.195-2014, SEC.36.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 5. Change in Watercourses; Highway Construction › 14-29-5-1. Changing Watercourses; Permission of Federal Agency

Sec. 1. (a) The governing bodies or agencies of the state charged with the duties of the construction, maintenance, and repair of public highways may, to the extent money is available and subject to subsection (b), do the following:
(1) Change the course of a stream, watercourse, or drainage ditch.
(2) Restore to the original or former channel a stream, watercourse, or drainage ditch if the stream, watercourse, or drainage ditch has meandered from the original or former course.
(3) The construction work that is necessary to protect the banks or slopes of a stream, watercourse, or ditch to prevent wash, caving, slides, or erosion if the water of the stream, watercourse, or ditch is causing or threatening injury to, damage to, or destruction of a public highway or bridge by erosion, wash, slides, change of course, or overflow.
(4) Construct walls or levees for the purposes of subdivision (3) if it is determined by an engineering survey that this method would be more practicable or less expensive.
(5) Exercise the authority granted in this section to protect public highways against injury, damage, or destruction caused or threatened by landslides.
(b) If a navigable stream is under the jurisdiction of a federal authority or an agency and the proposed work of the highway officials under this section conflicts or interferes with the jurisdiction of the federal agency, the consent or waiver of the federal agency must be procured by the highway officials before the beginning of the proposed work.
[Pre-1995 Recodification Citation: 13-2-25-1 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 5. Change in Watercourses; Highway Construction › 14-29-5-2. Costs and Performance of Work

Sec. 2. (a) If work under this chapter involves the protection of an existing highway not under construction, the work shall be performed and the costs paid under Indiana law governing the maintenance of highways applicable to the public agency or authorities having charge of the highway involved in the proposed work.
(b) If work under this chapter involves the construction or reconstruction of a highway, the work shall be performed and the costs paid under Indiana law governing construction of highways applicable to the public agency or body having charge of the highway involved in the proposed work.
(c) If it is necessary in the performance of work under this chapter to procure a right-of-way or interests in land outside the limits of the highway involved, the costs, if any, of the right-of-way or interests in land shall be paid as follows:
(1) Out of the maintenance fund if the work constitutes maintenance.
(2) Out of the construction fund if the work constitutes construction.
[Pre-1995 Recodification Citation: 13-2-25-1 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 5. Change in Watercourses; Highway Construction › 14-29-5-3. Procuring Land or Property

Sec. 3. The governing or administrative bodies charged with the control of highways may do the following:
(1) If it becomes necessary to procure rights-of-way or interests in land or property outside the limits of a highway under section 2 of this chapter, procure the rights or interests by grant, purchase, or voluntary donation.
(2) Exercise the power of eminent domain for any purpose designated in this chapter under Indiana eminent domain law.
[Pre-1995 Recodification Citation: 13-2-25-1 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-1. "Adjacent Land" Defined

Sec. 1. As used in this chapter, "adjacent land" means the area of land paralleling, but not necessarily contiguous to, a river needed to preserve, protect, and manage the natural, scenic, or recreational character of the river.
[Pre-1995 Recodification Citation: 13-2-26-3(g).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-2. "Recreational River" Defined

Sec. 2. As used in this chapter, "recreational river" means a river that does not have the characteristics necessary to qualify as a natural or scenic river, but that still maintains scenic or recreational characteristics of unusual and significant value.
[Pre-1995 Recodification Citation: 13-2-26-3(e).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-3. "River" Defined

Sec. 3. As used in this chapter, "river" means any flowing body of water and adjacent land or part of the body of water and adjacent land.
[Pre-1995 Recodification Citation: 13-2-26-3(h).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-4. "Scenic River" Defined

Sec. 4. As used in this chapter, "scenic river" means a river that:
(1) is free of impoundments;
(2) is accessible in several places; and
(3) has minimal pollution and shoreline developments.
[Pre-1995 Recodification Citation: 13-2-26-3(d).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-5. "System" Defined

Sec. 5. As used in this chapter, "system" means the Indiana natural, scenic, and recreational river system.
[Pre-1995 Recodification Citation: 13-2-26-3(f).]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-6. Administration

Sec. 6. The department shall administer this chapter.
[Pre-1995 Recodification Citation: 13-2-26-1 part.]
As added by P.L.1-1995, SEC.22.