Sec. 16. (a) As used in this section, "water supply reservoir" means a body of water formed by a dam wholly owned and operated by a municipality or a public utility (as defined in IC 8-1-2-1) for the purpose of providing water utility service to the public. The term does not include the following:
(1) Tributary streams that drain into the body of water.
(2) Wetlands associated with those streams.
(b) Notwithstanding any other law, the department may not regulate the following activities conducted within the one hundred (100) year flood level of a water supply reservoir:
(1) Sediment removal, dredging for the purpose of providing water supply storage, seawall construction, or the maintenance of water intake structures.
(2) Restoration or stabilization of the shoreline.
(c) This section does not restrict the department's ability to regulate the safety or maintenance of a dam or other control structure under IC 14-27-7.5.
[Pre-1995 Recodification Citation: 13-2-11.1-15.]
As added by P.L.1-1995, SEC.19. Amended by P.L.186-2003, SEC.71.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
14-26-2-1. Applicability of Chapter
14-26-2-2. "Natural Resources"
14-26-2-3. "Public Freshwater Lake"
14-26-2-4. "Shoreline or Water Line"
14-26-2-7. Construction of Ditches or Dams So as to Lower Water Level Prohibited
14-26-2-10. Notice and Hearing
14-26-2-12. Permit to Construct Channels
14-26-2-13. Sewage Disposal Facilities for Housing Developments
14-26-2-14. Applicability to Private Cooling or Pollution Control Ponds
14-26-2-14.5. Determination of Public Use of a Lake
14-26-2-15. Applicability to Tippecanoe River Impoundments
14-26-2-16. Applicability to Water Supply Reservoirs
14-26-2-17. Expiration of Permit
14-26-2-18. Posting and Keeping of Permit
14-26-2-19. Remedies for Violations
14-26-2-20. Department May Bring Action for Damages
14-26-2-22. Additional Civil Penalties
14-26-2-23. Prohibited Activities; Permit; Applications; Fees; Rules; Mediation; Civil Enforcement