CHAPTER 1. NAVIGABLE WATERWAYS

IC 14-29
ARTICLE 29. RIVERS, STREAMS, ANDWATERWAYS

IC 14-29-1
Chapter 1. Navigable Waterways

IC 14-29-1-1
Petition
Sec. 1. The board of county commissioners of each county maydeclare any stream or watercourse in the county navigable on thepetition of at least twenty-four (24) freeholders of the county residingin the vicinity of the stream.
As added by P.L.1-1995, SEC.22.

IC 14-29-1-2
Examination of waterway
    Sec. 2. (a) On the filing of a petition under section 1 of thischapter, the board of county commissioners shall have anexamination of the stream or watercourse made by a suitable personto ascertain and report to the board of county commissioners thefollowing:
        (1) The length of the stream or watercourse.
        (2) How much of the stream or watercourse is capable of beingdeclared navigable.
    (b) The board of county commissioners shall confirm the reportif the board is satisfied that the stream, if navigable, would be ofpublic utility. Upon confirmation the board shall declare the streamnavigable and have the report recorded in the records of the board,as public highways are recorded.
As added by P.L.1-1995, SEC.22.

IC 14-29-1-3
Obstruction of waterway
    Sec. 3. A person who obstructs a stream or watercourse declarednavigable is subject to the same penalties as a person who obstructsa public highway. General Indiana law governing:
        (1) public highways; and
        (2) the laying out and working of public highways in all otherrespects;
applies, as far as applicable, to the defining and working of navigablewatercourses.
As added by P.L.1-1995, SEC.22.

IC 14-29-1-4
Piers, wharves, or docks
    Sec. 4. (a) Subject to subsection (b), a riparian owner of land inIndiana 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 andcommerce.
        (2) Use, occupy, and enjoy the constructed item as appurtenantto 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 toaccommodate shipping and navigation.
        (2) Obstruct shipping and navigation.
As added by P.L.1-1995, SEC.22.

IC 14-29-1-5
Mills, dams, aqueducts, viaducts, bridges, or machinery on thestream
Sec. 5. The declaration of a watercourse as navigable by a boardof 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 forat least twelve (12) months.
As added by P.L.1-1995, SEC.22.

IC 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 navigableunder this chapter.
As added by P.L.1-1995, SEC.22.

IC 14-29-1-7
Gates
    Sec. 7. A person living on or owning property along a watercoursethat 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 thewatercourse;
except within the limits of a city or town.
As added by P.L.1-1995, SEC.22.

IC 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 madein a manner prescribed by rule.    (c) The department shall issue a permit if the issuance of thepermit 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 anactivity 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 subsectionmust also apply the requirements of this section with respect to anactivity within a navigable waterway.
    (e) A separate permit is not required under this section for anactivity for which a permit has been issued under any of thefollowing:
        (1) 16 U.S.C. 1451 et seq. (the federal Coastal ZoneManagement Act).
        (2) 33 U.S.C. 1344 (the federal Clean Water Act).
        (3) 42 U.S.C. 9601 et seq. (the federal ComprehensiveEnvironmental Response, Compensation, and Liability Act).
    (f) The department shall adopt rules under IC 4-22-2 to implementthis section.
    (g) A person who violates this section commits a Class Binfraction.
As added by P.L.1-1995, SEC.22.