Sec. 1. (a) This chapter does not apply to the following: (1) A structure that meets the following conditions: (A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife. (B) Has a drainage area above the dam of not more than one […]
Sec. 10. (a) The department shall make an engineering inspection of: (1) a significant hazard structure at least one (1) time every three (3) years; and (2) a low hazard structure at least one (1) time every five (5) years; or at more frequent intervals if the exigencies of the case require. (b) The department […]
Sec. 11. If the department finds that a structure is: (1) not sufficiently strong; (2) not maintained in a good and sufficient state of repair or operating condition; (3) not designed to remain safe during infrequent loading events; or (4) unsafe and dangerous to life and property; the department may issue a notice of violation […]
Sec. 12. (a) If at any time the condition of a structure becomes so dangerous to the safety of life and property that, in the opinion of the department, there is not sufficient time for the issuance and enforcement of an order for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal […]
Sec. 13. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under: (1) section 11 of this chapter; or (2) IC 13-2-20-4 (before its repeal); commits a Class B infraction. Every […]
Sec. 14. (a) Subject to subsection (b), the department and the department’s agents, engineers, geologists, and other employees may, for purposes of determining the department’s jurisdiction and performing the engineering inspections provided in sections 9 and 10 of this chapter, enter upon any land or water in Indiana without liability for trespass. The owner of […]
Sec. 15. This chapter does not create a liability for damages against the department or the department’s officers, agents, and employees caused by or arising out of any of the following: (1) The construction, maintenance, operation, or failure of a structure. (2) The issuance and enforcement of a notice of violation or a rule issued […]
Sec. 16. (a) A property owner, the owner’s representative, or an individual who resides downstream from a structure: (1) over which the department does not have jurisdiction under this chapter; and (2) that the property owner, the owner’s representative, or the individual believes would cause a loss of life or serious damage to the person’s […]
Sec. 17. (a) Notwithstanding sections 9 and 10 of this chapter, a structure that before July 1, 2022, was inspected under this chapter as a: (1) high hazard structure is not required to be reinspected for two (2) years from the date of the previous inspection; (2) significant hazard structure is not required to be […]
Sec. 18. (a) A property owner of property that contains a high hazard dam shall prepare an emergency action plan that includes the following: (1) Identifies conditions that may endanger the dam. (2) Identifies remedial actions to prevent or minimize the downstream impacts of a dam failure. (3) Contains contact information to notify local emergency […]
Sec. 2. As used in this chapter, “hazard classification system” means a rating assigned to a structure by the department based on: (1) the height of the structure and the volume of water impounded by the structure; and (2) the force of the water and the likely consequences resulting from the uncontrolled release of its […]
Sec. 3. As used in this chapter, “height” means the vertical dimension of a structure as measured from the lowest point in the natural streambed or watercourse under the centerline of the structure to the top of the structure. As added by P.L.148-2002, SEC.15.
Sec. 4. As used in this chapter, “owner” means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a […]
Sec. 5. As used in this chapter, “structure” means a dam and its appurtenant works. As added by P.L.148-2002, SEC.15.
Sec. 6. As used in this chapter, “volume” means the amount of water that is impounded by a structure: (1) at or below the elevation of the top of the structure; or (2) at or below the maximum design flood pool elevation; whichever is lower. As added by P.L.148-2002, SEC.15.
Sec. 7. (a) The owner of a structure shall maintain and keep the structure in the state of repair and operating condition required by the following: (1) The exercise of prudence. (2) Due regard for life and property. (3) The application of sound and accepted technical principles. (b) The owner of a structure shall notify […]
Sec. 8. (a) The department: (1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana; (2) shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition […]
Sec. 9. (a) The owner of a high hazard structure shall: (1) have a professional engineer licensed under IC 25-31 make an engineering inspection of the high hazard structure at least one (1) time every two (2) years; (2) submit a report of the inspection in a form approved by the department to the department. […]
