§ 14-27-7-3 — Powers and duties of department

Indiana § 14-27-7-3

• Jurisdiction: Indiana
• Art. 27: LEVEES, DAMS, AND DRAINAGE
• Ch. 7: Regulation of Levees, Dikes, and Floodwalls

Text

The department:
(1) has, on behalf of the state, jurisdiction and supervision over
the maintenance and repair of levees, dikes, floodwalls, and
appurtenant works in, on, or along the rivers and streams of
Indiana;
(2) shall exercise care to see that the dikes, floodwalls, levees, and
appurtenances are maintained in a good and sufficient state of
repair and operating condition to fully perform the intended
purpose;
(3) may adopt rules under IC 4-22-2 for maintenance and
operation that are necessary for the purposes of this chapter; and
(4) may vary the standards for maintenance and operation, giving
due consideration to the following:
(A) The type and location of the dike, floodwall, levee, or
appurtenance.
(B) The hazards to which the dike, floodwall, levee, or
appurtenance is or may be exposed.
(C) The peril to life or property if the dike, floodwall, levee, or
appurtenance fails to perform the structure's function.
[Pre-1995 Recodification Citation: 13-2-20-3.]

Legislative History

As added by P.L.1-1995, SEC.20. Amended by P.L.148-2002, SEC.8.