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).] […]
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.
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.
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 […]
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 […]
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 […]
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.
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.
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.
