Sec. 10. (a) An owner of private property who is subject to the jurisdiction of a local governmental agency in a county subject to this chapter may:

(1) subject to applicable state laws and administrative rules, local ordinances, and section 11 of this chapter, in the case of an emergency, repair an existing seawall or revetment on the owner’s private property; or

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Terms Used In Indiana Code 36-1-29-10

  • emergency: means a situation that:

    Indiana Code 36-1-29-3

  • 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.
  • local governmental agency: has the meaning set forth in IC 36-7-4-1109(a). See Indiana Code 36-1-29-4
  • owner: means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan. See Indiana Code 36-1-29-6
  • private property: means real property that is not owned or leased by the state or a political subdivision. See Indiana Code 36-1-29-8
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) subject to applicable state laws and administrative rules, local ordinances, and section 12 of this chapter, in the case of an emergency, construct a new seawall or revetment on the owner’s private property;

whichever applies.

     (b) For the purposes of this chapter, side seawalls on Lake Michigan are temporary structures and must be at least eighteen (18) inches from the private property line.

As added by P.L.164-2020, SEC.64.