2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 29. RIVERS, STREAMS, AND WATERWAYS CHAPTER 4. CONSTRUCTION OF CHANNELS
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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 of
providing 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 unregulated
construction of channels may be injurious to the public health, safety,
and welfare and that the construction of these channels shall be
regulated.
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 the
written 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 the
following:
(1) File a verified written application for a permit with the
commission that does the following:
(A) States the material facts.
(B) Includes the plans and specifications for the construction
of the channel.
(C) Identifies each facility to which the channel will provide
access.
(2) Include with the application a nonrefundable fee of one
hundred 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, the
applicant must do the following:
(1) Obtain the prior written approval of the department of
environmental management for sewage disposal facilities
involved with the channel and each facility that the channel is
to 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 to the
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 in
the opinion of the commission the channel and each facility that the
channel 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 or
stream 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 an
action 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 to
administer this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-4-9
Violations
Sec. 9. (a) A person who violates section 3 of this chapter commits
a Class B infraction.
(b) Each day of continuing violation after conviction of the
offense or violation constitutes a separate offense or violation.
As added by P.L.1-1995, SEC.22. Amended by P.L.71-2004, SEC.25;
P.L.195-2014, SEC.36.
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