CHAPTER 4. CONSTRUCTION OF CHANNELS

IC 14-29-4
    Chapter 4. Construction of Channels

IC 14-29-4-1
"Channel" defined
    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 ofproviding access by boat or otherwise to public or private industrial,commercial, housing, recreational, or other facilities.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-2
Regulation of channel construction
    Sec. 2. The general assembly finds that the unregulatedconstruction of channels may be injurious to the public health, safety,and welfare and that the construction of these channels shall beregulated.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-3
Approval for construction
    Sec. 3. A person may not construct a channel before receiving thewritten approval of the commission.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-4
Permits
    Sec. 4. A person who desires to construct a channel must do thefollowing:
        (1) File a verified written application for a permit with thecommission that does the following:
            (A) States the material facts.
            (B) Includes the plans and specifications for the constructionof the channel.
            (C) Identifies each facility to which the channel will provideaccess.
        (2) Include with the application a nonrefundable fee of onehundred dollars ($100).
As added by P.L.1-1995, SEC.22.

IC 14-29-4-5
Prior approval by department of environmental management
    Sec. 5. Before commission consideration of the application, theapplicant must do the following:
        (1) Obtain the prior written approval of the department ofenvironmental management for sewage disposal facilitiesinvolved with the channel and each facility that the channel isto serve. Prior approval is not required for housing

developments of less than six (6) lots.
        (2) If a channel will:
            (A) connect to a navigable river or stream; and
            (B) create additional water areas that will be connected tothe navigable river or stream;
        dedicate any water created to general public use.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-6
Order of authorization
    Sec. 6. The commission shall issue an order of authorization if inthe opinion of the commission the channel and each facility that thechannel 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 river orstream or upon fish and wildlife resources.
        (3) Adversely affect the public health, safety, and welfare.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-7
Actions to enjoin
    Sec. 7. The commission may, in the name of the state, maintain anaction to enjoin a violation of this chapter.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-8
Rules adoption
    Sec. 8. The commission may adopt rules under IC 4-22-2 toadminister this chapter.
As added by P.L.1-1995, SEC.22.

IC 14-29-4-9
Violations of chapter
    Sec. 9. (a) A person who knowingly violates this chapter commitsa Class B infraction.
    (b) Each day of continuing violation after conviction of theoffense constitutes a separate offense.
As added by P.L.1-1995, SEC.22. Amended by P.L.71-2004, SEC.25.