Sec. 11. (a) This section applies to a private lake that lies wholly or in part within any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

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Terms Used In Indiana Code 14-26-2-11

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • lake: means a reasonably permanent body of water that:

    Indiana Code 14-26-2-1.5

  • Population: has the meaning set forth in Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (b) Sand mining may be conducted at the lake only if approved by resolution of the legislative body of the city after a public hearing.

     (c) A sand mining operation at the lake:

(1) is subject to and shall be conducted in accordance with the regulations and permit process of the United States Army Corps of Engineers and the United States Environmental Protection Agency; and

(2) is subject to local supervision and monitoring by the city engineer of the city in which the lake lies.

     (d) A person performing the sand mining is liable for any damages directly attributable to the sand mining operation to any real property located within a one (1) mile radius of the lake.

     (e) After mining operations are completed, the lake may not be used as a sanitary landfill or as a hazardous waste site.

[Pre-1995 Recodification Citation: 13-2-11.1-6(d).]

As added by P.L.1-1995, SEC.19. Amended by P.L.11-2023, SEC.53.

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