Sec. 16. (a) A property owner, the owner’s representative, or an individual who resides downstream from a structure:

(1) over which the department does not have jurisdiction under this chapter; and

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Terms Used In Indiana Code 14-27-7.5-16

  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • owner: means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a conservancy district, any other district established by law, or any other person who has a right, a title, or an interest in or to the property upon which the structure is located. See Indiana Code 14-27-7.5-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • structure: means a dam and its appurtenant works. See Indiana Code 14-27-7.5-5
(2) that the property owner, the owner’s representative, or the individual believes would cause a loss of life or serious damage to the person’s home, industrial or commercial building, public utility, major highway, or railroad if the structure fails;

may request in writing that the department declare the structure a high hazard structure.

     (b) If the department receives a request under subsection (a), the department shall:

(1) investigate the structure and the area downstream from the structure;

(2) notify the owner of the structure that the structure is being investigated;

(3) review written statements and technical documentation from any interested party; and

(4) after considering the available information, determine whether or not the structure is a high hazard structure.

     (c) The department shall issue a written notice of the department’s determination under subsection (b) to:

(1) the individual who requested the determination; and

(2) the owner of the structure that is the subject of the request.

     (d) Either:

(1) the individual who requested a determination; or

(2) the owner of the structure that is the subject of the request;

may request an administrative review under IC 4-21.5-3-6 within thirty (30) days after receipt of the written determination.

     (e) If the department determines that a structure is a high hazard structure under subsection (b), the provisions of this chapter concerning high hazard structures apply to the structure.

As added by P.L.71-2004, SEC.16. Amended by P.L.129-2022, SEC.6.

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