Indiana Code 14-27-7.5-8. Powers and duties of department; hazard classifications; notice
(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana;
Terms Used In Indiana Code 14-27-7.5-8
- hazard classification system: means a rating assigned to a structure by the department based on:
Indiana Code 14-27-7.5-2
- 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
- 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
- volume: means the amount of water that is impounded by a structure:
Indiana Code 14-27-7.5-6
(3) shall grant permits for the construction and operation of structures in, on, or along the rivers, streams, and lakes of Indiana;
(4) may adopt rules under IC 4-22-2 for permitting, maintenance, and operation that are necessary for the purposes of this chapter; and
(5) may vary the standards for permits, maintenance, and operation, giving due consideration to the following:
(A) The type, condition, and location of the structure.
(B) The hazards to which the structure is or may be exposed.
(C) The likely peril to life or serious damage to property if the structure fails to perform the structure’s function.
(b) The department shall establish by rule the criteria for assigning a hazard classification system to a structure that is based on the height of the structure, the volume of water impounded by the structure, and the force of the water resulting from the uncontrolled release of the structure’s contents due to a failure of the structure. The hazard classification system must include the following classes of structures:
(1) High hazard: A structure the failure of which is likely to cause the loss of life and serious damage to homes, industrial and commercial buildings, public utilities, major highways, or railroads.
(2) Significant hazard: A structure the failure of which is likely to damage isolated homes and highways, or cause the temporary interruption of public utility services.
(3) Low hazard: A structure the failure of which is likely to damage farm buildings, agricultural land, or local roads.
(c) For a dam constructed after June 30, 2022, if the department determines that the property owner‘s structure is a high hazard, significant hazard, or low hazard dam, the department shall provide the property owner with a notice stating the classification of the dam that the property owner owns.
As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.4.