CHAPTER 7. DAMS, DIKES, AND LEVEES; REGULATION
IC 14-27-7
Chapter 7. Dams, Dikes, and Levees; Regulation
IC 14-27-7-1
"Owner" defined
Sec. 1. As used in this chapter, "owner" means an individual, afirm, a partnership, a copartnership, a lessee, an association, acorporation, an executor, an administrator, a trustee, the state, anagency of the state, a municipal corporation, a political subdivisionof the state, a legal entity, a drainage district, a levee district, aconservancy district, any other district established by law, or anyother person who has a right, a title, or an interest in or to theproperty upon which the levee, dike, or floodwall and appurtenantworks is located.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.6.
IC 14-27-7-2
Maintenance and repair
Sec. 2. The owner of a levee, dike, or floodwall and appurtenantworks shall maintain and keep the structures and appurtenant worksin the state of repair and operating condition required by thefollowing:
(1) The exercise of prudence.
(2) Due regard for life or property.
(3) The application of sound and accepted engineeringprinciples.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.7.
IC 14-27-7-3
Powers and duties of department
Sec. 3. The department:
(1) has, on behalf of the state, jurisdiction and supervision overthe maintenance and repair of levees, dikes, floodwalls, andappurtenant works in, on, or along the rivers and streams ofIndiana;
(2) shall exercise care to see that the dikes, floodwalls, levees,and appurtenances are maintained in a good and sufficient stateof repair and operating condition to fully perform the intendedpurpose;
(3) may adopt rules under IC 4-22-2 for maintenance andoperation that are necessary for the purposes of this chapter;and
(4) may vary the standards for maintenance and operation,giving due consideration to the following:
(A) The type and location of the dike, floodwall, levee, orappurtenance.
(B) The hazards to which the dike, floodwall, levee, orappurtenance is or may be exposed.
(C) The peril to life or property if the dike, floodwall, levee,or appurtenance fails to perform the structure's function.As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.8.
IC 14-27-7-4
Engineering inspections
Sec. 4. (a) The department shall make an engineering inspectionof all levees, dikes, and floodwalls and appurtenant works:
(1) at least one (1) time every three (3) years or at morefrequent intervals if the exigencies of the case require; or
(2) upon the written request of an affected person or agency.
(b) The department shall place in the files of the department areport of each inspection conducted under subsection (a).
(c) This chapter does not apply to the following:
(1) A levee, dike, or floodwall that meets both of the followingconditions:
(A) Is under a single private ownership.
(B) Provides protection only to land or other property underthe single private ownership.
(2) A dike, floodwall, or levee that is regulated under thefederal Mine Safety and Health Act of 1977, unless the dike,floodwall, or levee is proposed to be retained as a permanentstructure after bond release.
As added by P.L.1-1995, SEC.20. Amended by P.L.75-1998, SEC.4;P.L.148-2002, SEC.9.
IC 14-27-7-5
Notice of violation
Sec. 5. If the department finds that a dike, floodwall, levee, orappurtenance is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair oroperating condition; or
(3) unsafe and dangerous to life or property;
the department shall issue a notice of violation to the owner of thedike, floodwall, levee, or appurtenance under IC 14-25.5-2.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,SEC.10; P.L.71-2004, SEC.11.
IC 14-27-7-6
Emergency measures to protect life and property
Sec. 6. (a) If at any time the condition of a levee, a dike, afloodwall, or an appurtenance becomes so dangerous to the safety oflife and property that, in the opinion of the department there is notsufficient time for the issuance and enforcement of a notice ofviolation for the maintenance, alteration, repair, reconstruction,change in construction or location, or removal of the dike, floodwall,levee, or appurtenance in the manner provided in this chapter, thedepartment may immediately take the measures that are essential toprovide emergency protection to life and property.
(b) The department may recover the cost of the emergencymeasures from the owner by appropriate legal action.As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,SEC.11.
IC 14-27-7-7
Violations
Sec. 7. 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 ofthe department under:
(1) section 5 of this chapter; or
(2) IC 13-2-20-4 (before its repeal);
commits a Class B infraction. Every day of failure constitutes aseparate infraction.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,SEC.12; P.L.71-2004, SEC.12.
IC 14-27-7-8
Right of entry upon premises
Sec. 8. The department and the department's agents, engineers,and other employees may, for the purposes of determining thedepartment's jurisdiction and performing the engineering inspectionsprovided in section 4 of this chapter, enter upon any land or water inIndiana without liability for trespass. The owner of a levee, dike, orfloodwall and appurtenant works shall do the following:
(1) Cooperate with the department and the department's agents,engineers, and other employees in the conduct of theinspections.
(2) Facilitate access to the dike, floodwall, levee, orappurtenance.
(3) Furnish upon request the plans, specifications, operating andmaintenance data, or other information that is pertinent to thedike, floodwall, levee, or appurtenance.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,SEC.13.
IC 14-27-7-9
Exemption of department from liability
Sec. 9. This chapter does not create a liability for damages againstthe department or the department's officers, agents, and employeescaused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of alevee, dike, or floodwall and appurtenant works.
(2) The issuance and enforcement of a notice of violation or arule issued by the department to carry out the department'sduties.
As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,SEC.14.