2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 26. LAKES AND RESERVOIRS CHAPTER 7. LAKES; RESTRICTIONS ON DITCHES AND DRAINS
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IC 14-26-7
Chapter 7. Lakes; Restrictions on Ditches and Drains
IC 14-26-7-1
Applicability of chapter
Sec. 1. This chapter applies to the following:
(1) The construction of new ditches and drains.
(2) Alterations, changes, or other improvements to existing
ditches and drains.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-2
Ditches or drains through line of freshwater lake; dam required
Sec. 2. A:
(1) person may not locate, make, dig, dredge, or in any manner
construct; and
(2) court, county executive, body of viewers, or drainage
commissioners may not order or recommend the location,
establishment, or construction of;
a ditch or drain cutting into, through, or upon the line of a freshwater
lake unless a dam has been provided for and constructed to
adequately protect the water level of each lake likely to be affected.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-3
Ditches or drains within one-half mile of freshwater lake; dam
required
Sec. 3. A person may not locate, dig, make, dredge, or in any way
construct a ditch or drain having a bottom depth lower than the level
of a freshwater lake as established by law within one-half (1/2) mile
of any point on the line of the lake unless a dam has been provided
for and constructed to adequately protect the water level of each lake
likely to be affected.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-4
Construction of dams
Sec. 4. A dam required by this chapter shall be constructed:
(1) before any work on the proposed drainage; and
(2) according to plans and specifications furnished or approved
by the engineering division.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-5
Interference with dam, bank, or levee prohibited
Sec. 5. A person may not:
(1) cut into or around;
(2) attempt to cut into or around;
(3) interfere with; or
(4) attempt to interfere with, change, or destroy;
a dam, bank, or levee constructed under Indiana law for the purpose
of maintaining the water level of a freshwater lake at the established
level.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-6
Interference with banks or shores of freshwater lakes prohibited
Sec. 6. A person may not:
(1) cut into or through;
(2) attempt to cut into or through;
(3) interfere with; or
(4) attempt to interfere with;
the banks or shores of a freshwater lake or any part of the lake in
such a way as to lower or tend to lower the water of the lake.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-7
Alteration of dam, spillway, or outlet to lake
Sec. 7. Subject to IC 14-26-8 and IC 36-9-27, a person, court,
county executive, body of viewers, or drainage board may not do any
of the following:
(1) Interfere with, change, alter, or attempt to interfere with,
change, or alter a bank, dam, spillway, or outlet of a freshwater
lake.
(2) Dig, dredge, or in any way lower or attempt to lower an
outlet or part of an outlet to a freshwater lake at any point in the
outlet within three-fourths (3/4) mile of the lake.
As added by P.L.1-1995, SEC.19.
IC 14-26-7-8
Violations
Sec. 8. A person who violates this chapter commits a Class A
infraction. Notwithstanding IC 34-28-5-4, a judgment for a Class A
infraction imposed under this section may not exceed five thousand
dollars ($5,000).
As added by P.L.1-1995, SEC.19. Amended by P.L.195-2014,
SEC.34.
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