CHAPTER 7.5. REGULATION OF DAMS
IC 14-27-7.5
Chapter 7.5. Regulation of Dams
IC 14-27-7.5-1
Applicability
Sec. 1. 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, wateringlivestock, recreation, or providing a haven or refuge for fishor wildlife.
(B) Has a drainage area above the dam of not more than one(1) square mile.
(C) Does not exceed twenty (20) feet in height.
(D) Does not impound a volume of more than one hundred(100) acre-feet of water.
(2) A structure that is regulated under the federal Mine Safetyand Health Act of 1977, unless the structure is proposed to beretained as a permanent structure after bond release.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-2
"Hazard classification"
Sec. 2. As used in this chapter, "hazard classification" means arating assigned to a structure by the department based on thepotential consequences resulting from the uncontrolled release of itscontents due to a failure or misoperation of the structure.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-3
"Height"
Sec. 3. As used in this chapter, "height" means the verticaldimension of a structure as measured from the lowest point in thenatural streambed or watercourse under the centerline of the structureto the top of the structure.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-4
"Owner"
Sec. 4. 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 structure is located.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-5
"Structure" Sec. 5. As used in this chapter, "structure" means a dam and itsappurtenant works.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-6
"Volume"
Sec. 6. As used in this chapter, "volume" means the amount ofwater 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.
IC 14-27-7.5-7
Maintenance, repair, and sale; duties of owner
Sec. 7. (a) The owner of a structure shall maintain and keep thestructure in the state of repair and operating condition required by thefollowing:
(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 the department in writingof the sale or other transfer of ownership of the structure. The noticemust include the name and address of the new owner of the structure.
As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004,SEC.13.
IC 14-27-7.5-8
Powers and duties of department; hazard classifications
Sec. 8. (a) The department:
(1) has, on behalf of the state, jurisdiction and supervision overthe maintenance and repair of structures in, on, or along therivers, streams, and lakes of Indiana;
(2) shall exercise care to see that the structures are maintainedin a good and sufficient state of repair and operating conditionto fully perform the intended purpose;
(3) shall grant permits for the construction and operation ofstructures in, on, or along the rivers, streams, and lakes ofIndiana;
(4) may adopt rules under IC 4-22-2 for permitting,maintenance, and operation that are necessary for the purposesof this chapter; and
(5) may vary the standards for permits, maintenance, andoperation, giving due consideration to the following:
(A) The type and location of the structure.
(B) The hazards to which the structure is or may be exposed.
(C) The peril to life or property if the structure fails toperform the structure's function.
(b) The department shall establish by rule the criteria forassigning a hazard classification to a structure that is based on the
potential consequences resulting from the uncontrolled release of thestructure's contents due to a failure of the structure. The hazardclassification system must include the following classes of structures:
(1) High hazard: A structure the failure of which may cause theloss of life and serious damage to homes, industrial andcommercial buildings, public utilities, major highways, orrailroads.
(2) Significant hazard: A structure the failure of which maydamage isolated homes and highways, or cause the temporaryinterruption of public utility services.
(3) Low hazard: A structure the failure of which may damagefarm buildings, agricultural land, or local roads.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-9
High hazard structures; inspections; report; duty to make repairsor alterations; notice of violation
Sec. 9. (a) The owner of a high hazard structure shall:
(1) have a professional engineer licensed under IC 25-31 makean engineering inspection of the high hazard structure at leastone (1) time every two (2) years;
(2) submit a report of the inspection in a form approved by thedepartment to the department. The report must include at leastthe following information:
(A) An evaluation of the structure's condition, spillwaycapacity, operational adequacy, and structural integrity.
(B) A determination of whether deficiencies exist that couldlead to the failure of the structure, and recommendations formaintenance, repairs, and alterations to the structure toeliminate deficiencies, including a recommended schedulefor necessary upgrades to the structure.
(b) If after an inspection under subsection (a) the licensedprofessional engineer who conducted the inspection determines thatmaintenance, repairs, or alterations to a high hazard structure arenecessary to remedy deficiencies in the structure, the owner shallperform the recommended maintenance, repairs, or alterations.
(c) The department shall issue a notice of violation under section11 of this chapter to the owner of a high hazard structure who failsto:
(1) have the structure inspected under subsection (a);
(2) perform recommended maintenance, repairs, or alterationsto the structure under subsection (b); or
(3) biennially submit the inspection report prepared undersubsection (a).
(d) The department may make an engineering inspection of a highhazard structure to ensure compliance with this chapter.
As added by P.L.148-2002, SEC.15. Amended by P.L.1-2003,SEC.60; P.L.186-2003, SEC.72.
IC 14-27-7.5-10 Significant and low hazard structures; inspections; reports; fees
Sec. 10. (a) The department shall make an engineering inspectionof:
(1) a significant hazard structure at least one (1) time everythree (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 shall place in the files of the department areport of each inspection conducted under subsection (a).
(c) The department shall charge the following for engineeringinspections:
(1) For a significant hazard structure under subsection (a)(1), afee of two hundred dollars ($200).
(2) For a low hazard structure under subsection (a)(2), a fee ofone hundred dollars ($100).
As added by P.L.148-2002, SEC.15. Amended by P.L.186-2003,SEC.73.
IC 14-27-7.5-11
Notice of violation
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 oroperating condition;
(3) not designed to remain safe during infrequent loadingevents; or
(4) unsafe and dangerous to life and property;
the department may issue a notice of violation under IC 14-25.5-2.
As added by P.L.148-2002, SEC.15. Amended by P.L.71-2004,SEC.14.
IC 14-27-7.5-12
Emergency measures to protect life and property
Sec. 12. (a) If at any time the condition of a structure becomes sodangerous to the safety of life and property that, in the opinion of thedepartment, there is not sufficient time for the issuance andenforcement of an order for the maintenance, alteration, repair,reconstruction, change in construction or location, or removal of thestructure in the manner provided in this chapter, the department mayimmediately take the measures that are essential to provideemergency protection to life and property, including the lowering ofthe water level by releasing water or by a controlled breach of thestructure.
(b) The department may recover the cost of the emergencymeasures from the owner by appropriate legal action.
As added by P.L.148-2002, SEC.15.
IC 14-27-7.5-13
Violations 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 ofthe department under:
(1) section 11 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.148-2002, SEC.15. Amended by P.L.71-2004,SEC.15.
IC 14-27-7.5-14
Right of entry upon premises
Sec. 14. The department and the department's agents, engineers,geologists, and other employees may, for purposes of determining thedepartment's jurisdiction and performing the engineering inspectionsprovided in sections 9 and 10 of this chapter, enter upon any land orwater in Indiana without liability for trespass. The owner of astructure shall do the following:
(1) Cooperate with the department and the department's agents,engineers, geologists, and other employees in the conduct of theinspections.
(2) Facilitate access to the structure.
(3) Furnish upon request the plans, specifications, operating andmaintenance data, or other information that is pertinent to thestructure.
As added by P.L.148-2002, SEC.15. Amended by P.L.186-2003,SEC.74.
IC 14-27-7.5-15
Exemption of department from liability
Sec. 15. This chapter does not create a liability for damagesagainst the department or the department's officers, agents, andemployees caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of astructure.
(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.148-2002, SEC.15.
IC 14-27-7.5-16
Request to have structure declared high hazard; notice
Sec. 16. (a) A property owner, the owner's representative, or anindividual who resides downstream from a structure:
(1) over which the department does not have jurisdiction underthis chapter; and
(2) that the property owner, the owner's representative, or theindividual believes would cause a loss of life or damage to theperson's home, industrial or commercial building, public utility,
major highway, or railroad if the structure fails;
may request in writing that the department declare the structure ahigh hazard structure.
(b) If the department receives a request under subsection (a), thedepartment shall:
(1) investigate the structure and the area downstream from thestructure;
(2) notify the owner of the structure that the structure is beinginvestigated;
(3) review written statements and technical documentation fromany interested party; and
(4) after considering the available information, determinewhether or not the structure is a high hazard structure.
(c) The department shall issue a written notice of the department'sdetermination under subsection (b) to:
(1) the individual who requested the determination; and
(2) the owner of the structure that is the subject of the request.
(d) Either:
(1) the individual who requested a determination; or
(2) the owner of the structure that is the subject of the request;
may request an administrative review under IC 4-21.5-3-6 withinthirty (30) days after receipt of the written determination.
(e) If the department determines that a structure is a high hazardstructure under subsection (b), the provisions of this chapterconcerning high hazard structures apply to the structure.
As added by P.L.71-2004, SEC.16.