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, a
firm, a partnership, a copartnership, a lessee, an association, a
corporation, an executor, an administrator, a trustee, the state, an
agency of the state, a municipal corporation, a political subdivision
of the state, a legal entity, a drainage district, a levee district, a
conservancy district, any other district established by law, or any
other person who has a right, a title, or an interest in or to the
property upon which the levee, dike, or floodwall and appurtenant
works 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 appurtenant
works shall maintain and keep the structures and appurtenant works
in the state of repair and operating condition required by the
following:
(1) The exercise of prudence.
(2) Due regard for life or property.
(3) The application of sound and accepted engineering
principles. 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 over
the maintenance and repair of levees, dikes, floodwalls, and
appurtenant works in, on, or along the rivers and streams of
Indiana;
(2) shall exercise care to see that the dikes, floodwalls, levees,
and appurtenances are maintained in a good and sufficient state
of repair and operating condition to fully perform the intended
purpose;
(3) may adopt rules under IC 4-22-2 for maintenance and
operation 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, or
appurtenance.
(B) The hazards to which the dike, floodwall, levee, or
appurtenance 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 inspection
of all levees, dikes, and floodwalls and appurtenant works:
(1) at least one (1) time every three (3) years or at more
frequent 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 a
report 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 following
conditions:
(A) Is under a single private ownership.
(B) Provides protection only to land or other property under
the single private ownership.
(2) A dike, floodwall, or levee that is regulated under the
federal Mine Safety and Health Act of 1977, unless the dike,
floodwall, or levee is proposed to be retained as a permanent
structure 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, or
appurtenance is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair or
operating condition; or
(3) unsafe and dangerous to life or property;
the department shall issue a notice of violation to the owner of the
dike, 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, a
floodwall, or an appurtenance becomes so dangerous to the safety of
life and property that, in the opinion of the department there is not
sufficient time for the issuance and enforcement of a notice of
violation 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, the
department may immediately take the measures that are essential to
provide emergency protection to life and property.
(b) The department may recover the cost of the emergency
measures 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 of
the 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 a
separate 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 the
department's jurisdiction and performing the engineering inspections
provided in section 4 of this chapter, enter upon any land or water in
Indiana without liability for trespass. The owner of a levee, dike, or
floodwall 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 the
inspections.
(2) Facilitate access to the dike, floodwall, levee, or
appurtenance.
(3) Furnish upon request the plans, specifications, operating and
maintenance data, or other information that is pertinent to the
dike, 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 against
the department or the department's officers, agents, and employees
caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of a
levee, dike, or floodwall and appurtenant works.
(2) The issuance and enforcement of a notice of violation or a
rule issued by the department to carry out the department's
duties. As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,
SEC.14.
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, a
firm, a partnership, a copartnership, a lessee, an association, a
corporation, an executor, an administrator, a trustee, the state, an
agency of the state, a municipal corporation, a political subdivision
of the state, a legal entity, a drainage district, a levee district, a
conservancy district, any other district established by law, or any
other person who has a right, a title, or an interest in or to the
property upon which the levee, dike, or floodwall and appurtenant
works 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 appurtenant
works shall maintain and keep the structures and appurtenant works
in the state of repair and operating condition required by the
following:
(1) The exercise of prudence.
(2) Due regard for life or property.
(3) The application of sound and accepted engineering
principles. 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 over
the maintenance and repair of levees, dikes, floodwalls, and
appurtenant works in, on, or along the rivers and streams of
Indiana;
(2) shall exercise care to see that the dikes, floodwalls, levees,
and appurtenances are maintained in a good and sufficient state
of repair and operating condition to fully perform the intended
purpose;
(3) may adopt rules under IC 4-22-2 for maintenance and
operation 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, or
appurtenance.
(B) The hazards to which the dike, floodwall, levee, or
appurtenance 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 inspection
of all levees, dikes, and floodwalls and appurtenant works:
(1) at least one (1) time every three (3) years or at more
frequent 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 a
report 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 following
conditions:
(A) Is under a single private ownership.
(B) Provides protection only to land or other property under
the single private ownership.
(2) A dike, floodwall, or levee that is regulated under the
federal Mine Safety and Health Act of 1977, unless the dike,
floodwall, or levee is proposed to be retained as a permanent
structure 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, or
appurtenance is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair or
operating condition; or
(3) unsafe and dangerous to life or property;
the department shall issue a notice of violation to the owner of the
dike, 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, a
floodwall, or an appurtenance becomes so dangerous to the safety of
life and property that, in the opinion of the department there is not
sufficient time for the issuance and enforcement of a notice of
violation 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, the
department may immediately take the measures that are essential to
provide emergency protection to life and property.
(b) The department may recover the cost of the emergency
measures 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 of
the 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 a
separate 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 the
department's jurisdiction and performing the engineering inspections
provided in section 4 of this chapter, enter upon any land or water in
Indiana without liability for trespass. The owner of a levee, dike, or
floodwall 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 the
inspections.
(2) Facilitate access to the dike, floodwall, levee, or
appurtenance.
(3) Furnish upon request the plans, specifications, operating and
maintenance data, or other information that is pertinent to the
dike, 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 against
the department or the department's officers, agents, and employees
caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of a
levee, dike, or floodwall and appurtenant works.
(2) The issuance and enforcement of a notice of violation or a
rule issued by the department to carry out the department's
duties. As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,
SEC.14.
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, a
firm, a partnership, a copartnership, a lessee, an association, a
corporation, an executor, an administrator, a trustee, the state, an
agency of the state, a municipal corporation, a political subdivision
of the state, a legal entity, a drainage district, a levee district, a
conservancy district, any other district established by law, or any
other person who has a right, a title, or an interest in or to the
property upon which the levee, dike, or floodwall and appurtenant
works 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 appurtenant
works shall maintain and keep the structures and appurtenant works
in the state of repair and operating condition required by the
following:
(1) The exercise of prudence.
(2) Due regard for life or property.
(3) The application of sound and accepted engineering
principles. 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 over
the maintenance and repair of levees, dikes, floodwalls, and
appurtenant works in, on, or along the rivers and streams of
Indiana;
(2) shall exercise care to see that the dikes, floodwalls, levees,
and appurtenances are maintained in a good and sufficient state
of repair and operating condition to fully perform the intended
purpose;
(3) may adopt rules under IC 4-22-2 for maintenance and
operation 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, or
appurtenance.
(B) The hazards to which the dike, floodwall, levee, or
appurtenance 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 inspection
of all levees, dikes, and floodwalls and appurtenant works:
(1) at least one (1) time every three (3) years or at more
frequent 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 a
report 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 following
conditions:
(A) Is under a single private ownership.
(B) Provides protection only to land or other property under
the single private ownership.
(2) A dike, floodwall, or levee that is regulated under the
federal Mine Safety and Health Act of 1977, unless the dike,
floodwall, or levee is proposed to be retained as a permanent
structure 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, or
appurtenance is:
(1) not sufficiently strong;
(2) not maintained in a good and sufficient state of repair or
operating condition; or
(3) unsafe and dangerous to life or property;
the department shall issue a notice of violation to the owner of the
dike, 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, a
floodwall, or an appurtenance becomes so dangerous to the safety of
life and property that, in the opinion of the department there is not
sufficient time for the issuance and enforcement of a notice of
violation 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, the
department may immediately take the measures that are essential to
provide emergency protection to life and property.
(b) The department may recover the cost of the emergency
measures 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 of
the 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 a
separate 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 the
department's jurisdiction and performing the engineering inspections
provided in section 4 of this chapter, enter upon any land or water in
Indiana without liability for trespass. The owner of a levee, dike, or
floodwall 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 the
inspections.
(2) Facilitate access to the dike, floodwall, levee, or
appurtenance.
(3) Furnish upon request the plans, specifications, operating and
maintenance data, or other information that is pertinent to the
dike, 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 against
the department or the department's officers, agents, and employees
caused by or arising out of any of the following:
(1) The construction, maintenance, operation, or failure of a
levee, dike, or floodwall and appurtenant works.
(2) The issuance and enforcement of a notice of violation or a
rule issued by the department to carry out the department's
duties. As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002,
SEC.14.
