Indiana § 14-27-7.5-8 Powers and duties of department; hazard classifications; notice

Indiana Statutes

§ 14-27-7.5-8 — Powers and duties of department; hazard classifications; notice

Indiana § 14-27-7.5-8

Art. 27LEVEES, DAMS, AND DRAINAGE

Ch. 7.5Regulation of Dams

This text of Indiana § 14-27-7.5-8 (Powers and duties of department; hazard classifications; 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 § 14-27-7.5-8 (2026).

Text

(a)The department:

(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;

(2)shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;

(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)Th

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(a) The department:
(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;
(2) shall exercise care to see that the structures are maintained in
a good and sufficient state of repair and operating condition to
fully perform the intended purpose;
(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.