CHAPTER 6. NATURAL, SCENIC, AND RECREATIONAL RIVER SYSTEM
IC 14-29-6
Chapter 6. Natural, Scenic, and Recreational River System
IC 14-29-6-1
"Adjacent land" defined
Sec. 1. As used in this chapter, "adjacent land" means the area ofland paralleling, but not necessarily contiguous to, a river needed topreserve, protect, and manage the natural, scenic, or recreationalcharacter of the river.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-2
"Recreational river" defined
Sec. 2. As used in this chapter, "recreational river" means a riverthat does not have the characteristics necessary to qualify as a naturalor scenic river, but that still maintains scenic or recreationalcharacteristics of unusual and significant value.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-3
"River" defined
Sec. 3. As used in this chapter, "river" means any flowing body ofwater and adjacent land or part of the body of water and adjacentland.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-4
"Scenic river" defined
Sec. 4. As used in this chapter, "scenic river" means a river that:
(1) is free of impoundments;
(2) is accessible in several places; and
(3) has minimal pollution and shoreline developments.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-5
"System" defined
Sec. 5. As used in this chapter, "system" means the Indiananatural, scenic, and recreational river system.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-6
Administration
Sec. 6. The department shall administer this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-7
Public policy
Sec. 7. As part of the continuing growth of the population anddevelopment of the economy of Indiana, it is necessary and desirablethat rivers of unusual natural, scenic, or recreational significance be
set aside and preserved for the benefit of present and futuregenerations before the rivers have been destroyed. After rivers aredestroyed, the rivers cannot be wholly restored. It is essential to thepeople of Indiana that the people retain the opportunities to maintainclose contact with the natural, scenic, and recreational rivers and tobenefit from the scientific, aesthetic, cultural, recreational, scenic,and spiritual values the rivers possess. It is, therefore, the followingpublic policy of Indiana:
(1) That a natural, scenic, and recreational river system beestablished and maintained.
(2) That such areas be designated, acquired, and preserved bythe state.
(3) That other agencies, organizations, and individuals, bothpublic and private, be encouraged to set aside adjacent land forthe common benefit of the people of present and futuregenerations.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-8
Selection of rivers for inclusion into system; "natural river"defined
Sec. 8. (a) As used in this section, "natural river" means a riverthat, free of impoundments, is generally unpolluted, undeveloped,and inaccessible.
(b) The director may study and periodically submit to thecommission proposals for the inclusion of a section of a river into thesystem that, in the director's judgment, falls within at least one (1) ofthe following categories:
(1) Natural river.
(2) Scenic river.
(3) Recreational river.
(c) In recommending a river or section for inclusion in the system,the director shall prepare a detailed report on the factors that, in thedirector's judgment, make the river worthy of designation forinclusion in the system. This report shall evaluate among othercategories the following:
(1) Length of segment.
(2) Condition of naturally occurring vegetation.
(3) Stream scenic view.
(4) Physical modification of stream course.
(5) Human developments along stream.
(6) Unique or special features of area.
(7) Water quality.
(8) Paralleling roads.
(9) Number of stream crossings.
(d) Specific criteria for each of these natural river, scenic river,and recreational river categories shall be selected after having givendue consideration to the categories specified in subsection (c) andany other categories that are considered to be important.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-9
Rules to designate rivers
Sec. 9. (a) Based upon the study and recommendations of thedirector, the commission may adopt rules under IC 4-22-2 todesignate a river for inclusion into the system.
(b) Before adopting rules, the director shall do the following:
(1) Notify each adjoining or abutting landowner of the plansand recommendations by registered mail.
(2) Conduct a public hearing in the county that contains thelargest section of the river being considered.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-10
Altering river classification
Sec. 10. In all planning for the use and development of water andrelated land resources of rivers in the system, including theconstruction of impoundments, diversions, realignments, riprap,roadways, crossings, channelizations, locks, canals, or other uses thatchange the character of a river or destroy the river's scenic values:
(1) full review and evaluation of the river as a scenic resourceshall be given; and
(2) the environmental impact of the proposed use anddevelopment shall be determined as specified in IC 13-12-4;
before the commission approves plans for use and development.
As added by P.L.1-1995, SEC.22. Amended by P.L.1-1996, SEC.68.
IC 14-29-6-11
Nonapproval of use or development of water
Sec. 11. Use or development of water and related land resourcesof rivers in the system may not be approved if in the judgment of thecommission the use or development may alter the originalclassification of a river in the system.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-12
River system plan
Sec. 12. (a) The director shall prepare and maintain a plan for theestablishment, development, management, use, and administration ofrivers in the system. The river system plan shall be included andbecomes an integral part of the comprehensive state plans for watermanagement and outdoor recreation.
(b) When a river is proclaimed a part of the system, the riverbecomes an administrative responsibility of the director. The directorshall take the necessary action in keeping with the policy of thischapter to acquire, develop, maintain, and preserve the river andauthorized related land area in accordance with the director's powersand duties with respect to parks, fish and wildlife areas, reservoirs,forests, and miscellaneous areas. The director may seek assistance inthe development, operation, and maintenance of scenic rivers fromother governmental units and agencies.As added by P.L.1-1995, SEC.22.
IC 14-29-6-13
"Conservation easement", "land use easement", "sceniceasement", and "water use easement" defined; land acquisition
Sec. 13. (a) As used in this section, "conservation easement" hasthe meaning set forth in IC 32-23-5-2.
(b) As used in this section, "land use easement" means thegranting of the right of the general public to use the adjacent land.
(c) As used in this section, "scenic easement" means the grantingof protection of adjacent land in the land's present state to preservethe land's natural or scenic characteristics.
(d) As used in this section, "water use easement" means thegranting of the right of the general public to travel along or across allwater parts of the river.
(e) The director may do the following:
(1) Acquire on behalf of the state land in fee title or any otherinterest in land, including the following:
(A) Water use easements.
(B) Scenic easements.
(C) Land use easements.
(2) Exercise the right of eminent domain on behalf of the stateto acquire the following:
(A) Conservation easements.
(B) Water use easements.
(f) Land or an interest in land may be acquired by purchase withappropriated or donated money, exchanges, donations, or otherwise.
(g) The director may seek financial assistance for land acquisitionand for facility development of scenic rivers from the following:
(1) Federal and local governmental sources.
(2) Private groups and individuals.
As added by P.L.1-1995, SEC.22. Amended by P.L.2-2002, SEC.62.
IC 14-29-6-14
Easements encouraged
Sec. 14. Recognizing that most of the rivers recommended forinclusion in the system may not be state owned, the general assemblyencourages riparian owners to grant easements to the director for thepurposes of this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-15
Expenditures
Sec. 15. The department may expend money that is:
(1) already appropriated for the purposes of this chapter; or
(2) periodically appropriated to the department from any fundfor the purpose of developing public recreation facilities.
As added by P.L.1-1995, SEC.22.