Sec. 1. (a) This chapter does not apply to the following:

(1) A structure that meets the following conditions:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 14-27-7.5-1

  • height: means the vertical dimension of a structure as measured from the lowest point in the natural streambed or watercourse under the centerline of the structure to the top of the structure. See Indiana Code 14-27-7.5-3
  • structure: means a dam and its appurtenant works. See Indiana Code 14-27-7.5-5
  • volume: means the amount of water that is impounded by a structure:

    Indiana Code 14-27-7.5-6

(A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife.

(B) Has a drainage area above the dam of not more than one (1) square mile.

(C) Does not exceed twenty (20) feet in height.

(D) Does not impound a volume of more than one hundred (100) acre-feet of water.

(2) A structure that is regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.

(3) Except for a structure under subsection (b), a structure that is a low hazard dam or a significant hazard dam that meets only one (1) of the following conditions:

(A) Has a drainage area above the dam of not more than one (1) square mile.

(B) Does not exceed twenty (20) feet in height.

(C) Does not impound a volume of more than one hundred (100) acre-feet of water.

     (b) This chapter applies to a structure that is listed on the roster of low head dams provided in IC 14-27-7.3.

As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.2.