2013 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 29. RIVERS, STREAMS, AND WATERWAYS CHAPTER 8. RECREATIONAL STREAMS
Download as PDF
IC 14-29-8
Chapter 8. Recreational Streams
IC 14-29-8-1
"Stream" defined
Sec. 1. As used in this chapter, "stream" means a natural or an
altered river, creek, slough, or artificial channel that has:
(1) definable banks and a bed capable of conducting confined
runoff;
(2) visible evidence of the flow or occurrence of water; and
(3) a watershed in excess of one (1) square mile.
As added by P.L.1-1995, SEC.22.
IC 14-29-8-2
Use of recreational stream
Sec. 2. (a) A person may use a stream that is capable of use by a
watercraft for boating, fishing, or other recreational purposes if the
stream is designated as a recreational stream by rule adopted by the
commission.
(b) The right of a person to use a recreational stream is limited to
the water within the stream and does not do any of the following:
(1) Authorize the use of the bed or bank of the stream, except
in an emergency.
(2) Establish a right of access to the stream over private land.
As added by P.L.1-1995, SEC.22.
IC 14-29-8-3
Designation as recreational stream; hearing
Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 for
the designation of streams or parts of streams as recreational streams.
(b) Before a hearing on the designation of a stream as a
recreational stream and in addition to the notification requirements
under IC 4-22-2, the commission shall do the following:
(1) Publish notice at least twenty-one (21) days before the
hearing in a newspaper of general circulation in the county
where a stream is located that the commission proposes to
designate the stream as a recreational stream. The notice must
state the time and place of the hearing.
(2) Conduct a separate hearing in each county where a stream
is proposed to be designated as a recreational stream.
(c) If a stream:
(1) is located wholly within one (1) county; and
(2) is a regulated drain under IC 36-9-27;
the county drainage board must concur in the designation before final
adoption of the rule.
As added by P.L.1-1995, SEC.22.
IC 14-29-8-4
Use not affecting owner or navigability
Sec. 4. The use of a stream designated under this chapter does not
do any of the following:
(1) Impose a duty upon the riparian landowner or tenant to
provide for the safe use of the stream.
(2) Affect ownership of the bed of the stream.
(3) Affect a determination of the stream's navigability.
As added by P.L.1-1995, SEC.22.
IC 14-29-8-5
Littering and trespassing
Sec. 5. A person who:
(1) throws, dumps, or leaves refuse in the water or on the banks
of a stream designated under this chapter; or
(2) crosses private land to gain access to a designated stream
without the permission of the landowner or tenant of the land;
commits a Class B misdemeanor.
As added by P.L.1-1995, SEC.22.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
