Indiana § 14-27-7.5-16 Request to have structure declared high hazard; notice

Indiana Statutes

§ 14-27-7.5-16 — Request to have structure declared high hazard; notice

Indiana § 14-27-7.5-16

Art. 27LEVEES, DAMS, AND DRAINAGE

Ch. 7.5Regulation of Dams

This text of Indiana § 14-27-7.5-16 (Request to have structure declared high hazard; notice) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 14-27-7.5-16 (2026).

Text

(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

(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

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(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
(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 adjudication 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.