Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs

14-26-1-5. Purchase or Condemnation of Land on Behalf of Public Entity With Right or Duty to Supply or Store Water - Sec. 5. The commission, on behalf of the state, or...

14-26-1-6. Statement Regarding Condemnation of Property; Valuation - Sec. 6. (a) If an agreement cannot be reached by...

14-26-1-7. Cost of Easement or Interest in Land - Sec. 7. The cost of an easement or interest in...

14-26-1-8. Rights of Owners From Whom Easements or Remainder Interests Taken - Sec. 8. (a) The owner of the land from which:...

14-26-1-9. Approval of Complaint for Condemnation - Sec. 9. A complaint for condemnation, other than by the...

14-26-1-10. Source of Money for Commission - Sec. 10. (a) The commission shall, when acting on behalf...

14-26-1-11. Cooperation With Federal Government Not Authorized - Sec. 11. (a) This section applies to the following multipurpose...

14-26-1-12. Cooperation With Federal Government Authorized - Sec. 12. (a) The department shall cooperate with the United...

Chapter 2. Lake Preservation

14-26-2-1. Applicability of Chapter - Sec. 1. This chapter does not apply to the following:...

14-26-2-1.2. "Acquiescence" - Sec. 1.2. As used in this chapter, "acquiescence" means consent...

14-26-2-1.5. "Lake" - Sec. 1.5. As used in this chapter, "lake" means a...

14-26-2-2. "Natural Resources" - Sec. 2. As used in this chapter, "natural resources" means...

14-26-2-3. "Public Freshwater Lake" - Sec. 3. (a) As used in this chapter, "public freshwater...

14-26-2-4. "Shoreline or Water Line" - Sec. 4. As used in this chapter, "shoreline or water...

14-26-2-5. Public Rights - Sec. 5. (a) As used in this section, "natural scenic...

14-26-2-6. Repealed - [Pre-1995 Recodification Citation: 13-2-11.1-3(a).] As added by P.L.1-1995, SEC.19. Repealed...

14-26-2-7. Construction of Ditches or Dams So as to Lower Water Level Prohibited - Sec. 7. (a) This section applies to a public freshwater...

14-26-2-8. Accretion Rights - Sec. 8. Accretion rights in public freshwater lakes are limited...

14-26-2-9. Repealed - [Pre-1995 Recodification Citation: 13-2-11.1-5.] As added by P.L.1-1995, SEC.19. Amended...

14-26-2-10. Notice and Hearing - Sec. 10. (a) Notwithstanding any other provision of law but...

14-26-2-11. Sand Mining - Sec. 11. (a) This section applies to a private lake...

14-26-2-12. Permit to Construct Channels - Sec. 12. (a) The department may not issue a permit...

14-26-2-13. Sewage Disposal Facilities for Housing Developments - Sec. 13. As a condition precedent to action by the...

14-26-2-14. Applicability to Private Cooling or Pollution Control Ponds - Sec. 14. (a) This section applies to an off-stream, privately...

14-26-2-14.5. Determination of Public Use of a Lake - Sec. 14.5. (a) For purposes of determining the acquiescence of...

14-26-2-15. Applicability to Tippecanoe River Impoundments - Sec. 15. (a) This section applies to impoundments of the...

14-26-2-16. Applicability to Water Supply Reservoirs - Sec. 16. (a) As used in this section, "water supply...

14-26-2-17. Expiration of Permit - Sec. 17. (a) Subject to subsection (b), a permit issued...

14-26-2-18. Posting and Keeping of Permit - Sec. 18. The person to whom a permit is issued...

14-26-2-19. Remedies for Violations - Sec. 19. The department may seek relief under IC 14-25.5-4...

14-26-2-20. Department May Bring Action for Damages - Sec. 20. The department may bring an action under IC...

14-26-2-21. Violations - Sec. 21. A person who violates section 7 or 23...

14-26-2-22. Additional Civil Penalties - Sec. 22. In addition to other penalties prescribed by this...

14-26-2-23. Prohibited Activities; Permit; Applications; Fees; Rules; Mediation; Civil Enforcement - Sec. 23. (a) Unless a person obtains a permit from...

14-26-2-24. Public Freshwater Lake Listing - Sec. 24. (a) Relying on recommendations of the department and...

14-26-2-25. Public Freshwater Lake Petition - Sec. 25. (a) The owner or owners of the entire...

Chapter 2.1. Ownership of Lake Michigan in Public Trust

14-26-2.1-0.5. Applicability of Chapter - Sec. 0.5. This chapter applies only to the recreational use...

14-26-2.1-1. "Lake Michigan" - Sec. 1. As used in this chapter, "Lake Michigan" means:...

14-26-2.1-2. "Ordinary High Water Mark" - Sec. 2. As used in this chapter, "ordinary high water...

14-26-2.1-3. Public Trust - Sec. 3. (a) Absent any authorized legislative conveyance before February...

14-26-2.1-4. Permitted Purposes - Sec. 4. (a) As used in this section, "natural scenic...

14-26-2.1-5. Adoption of Rules - Sec. 5. (a) The commission may adopt rules under IC...

Chapter 3. Lakes, Rivers, and Streams Preservation Suits; Parties

14-26-3-1. "Lake" Defined - Sec. 1. As used in this chapter, "lake" includes both...

14-26-3-2. "River" Defined - Sec. 2. As used in this chapter, "river" includes both...

14-26-3-3. Department Becoming Party to or Prosecuting Action to Preserve Lakes, Rivers, or Streams - Sec. 3. The department may do the following: (1) Become...

14-26-3-4. Courts Recognizing Department's Right to Become Party - Sec. 4. A court acting under Indiana law shall recognize...

14-26-3-5. Department Becoming Party to Drainage Proceeding - Sec. 5. For the purposes and in the manner provided...

14-26-3-6. Department as Party in Interest - Sec. 6. In the interest of public health and convenience,...

Chapter 4. Lakes; Average Normal Water Level

14-26-4-1. "Average Normal Water Level" Defined - Sec. 1. As used in this chapter, "average normal water...

14-26-4-2. Establishment and Maintenance of Average Normal Water Level - Sec. 2. The department may do the following: (1) Have...

14-26-4-3. Reports; Preparation - Sec. 3. A concise report containing a description of the...

14-26-4-4. Method of Determination - Sec. 4. The average normal water level shall be determined...

14-26-4-5. Reports; Filing - Sec. 5. The department shall file the report with the...

14-26-4-6. Reports; Docket; Notice - Sec. 6. The clerk of the circuit court shall do...

14-26-4-7. Court to Hear Evidence - Sec. 7. The court shall, on the day fixed in...

14-26-4-8. Findings; Judgments - Sec. 8. (a) After the hearing, the court shall do...

14-26-4-9. Lake Level Record - Sec. 9. (a) If the judgment is favorable to the...

14-26-4-10. Monument - Sec. 10. Within one (1) year after the court has...

14-26-4-11. Applicability to Dams, Spillways, and Control Works - Sec. 11. The requirements and procedure prescribed by this chapter...

14-26-4-12. Construction of Dams, Spillways, or Control Works - Sec. 12. The department may do the following: (1) Accept...

Chapter 5. Lowering of Ten Acre Lakes

14-26-5-1. Applicability of Chapter - Sec. 1. This chapter applies to freshwater lakes having an...

14-26-5-2. "Normal Water Level of a Lake" Defined - Sec. 2. As used in this chapter, "normal water level...

14-26-5-3. Permit Required for Certain Work on Ditches and Drains; Exception - Sec. 3. (a) This section does not apply to a...

14-26-5-4. Request for Permits; Fees - Sec. 4. (a) A request for a permit may be...

14-26-5-5. Permits; Investigation Upon Request - Sec. 5. The department shall promptly consider a request by...

14-26-5-6. Permits; Issuance - Sec. 6. If the department finds that the proposed work...

14-26-5-7. Safeguards - Sec. 7. If the department finds that the proposed work...

14-26-5-7.4. Time Requirements for Approval or Refusal of Permit Request - Sec. 7.4. If a request for a permit is submitted...

14-26-5-7.6. Refusal of Permit Request; Notice and Hearing - Sec. 7.6. (a) If the department refuses to issue a...

14-26-5-8. Permits; Expiration - Sec. 8. A permit issued under this chapter expires two...

14-26-5-9. Permits, Posting, Keeping - Sec. 9. The person to whom a permit is issued...

14-26-5-10. Complaints; Filing - Sec. 10. (a) Except as provided in subsection (b), a...

14-26-5-11. Complaints; Contents - Sec. 11. A complaint must do the following: (1) State...

14-26-5-12. Complaints; Service of Summons - Sec. 12. A complaint must be filed in the court...

14-26-5-13. Intervention in Proceedings - Sec. 13. Any person, firm, limited liability company, or corporation...

14-26-5-14. Court to Hear Evidence De Novo - Sec. 14. The court shall hear de novo all evidence...

14-26-5-15. Appeals - Sec. 15. An appeal may be had from the finding...

14-26-5-16. Injunctive Relief - Sec. 16. A person, firm, limited liability company, or corporation...

14-26-5-17. Violations - Sec. 17. A person who knowingly violates section 3 of...

Chapter 6. Lowering of Twenty Acre Lakes

14-26-6-1. Applicability of Chapter - Sec. 1. This chapter applies to lakes having an area...

14-26-6-2. Exemptions - Sec. 2. This chapter does not apply to any of...

14-26-6-3. Violations - Sec. 3. A person who knowingly lowers the water level...

Chapter 7. Lakes; Restrictions on Ditches and Drains

14-26-7-1. Applicability of Chapter - Sec. 1. This chapter applies to the following: (1) The...

14-26-7-2. Ditches or Drains Through Line of Freshwater Lake; Dam Required - Sec. 2. A: (1) person may not locate, make, dig,...

14-26-7-3. Ditches or Drains Within One-Half Mile of Freshwater Lake; Dam Required - Sec. 3. A person may not locate, dig, make, dredge,...

14-26-7-4. Construction of Dams - Sec. 4. A dam required by this chapter shall be...

14-26-7-5. Interference With Dam, Bank, or Levee Prohibited - Sec. 5. A person may not: (1) cut into or...

14-26-7-6. Interference With Banks or Shores of Freshwater Lakes Prohibited - Sec. 6. A person may not: (1) cut into or...

14-26-7-7. Alteration of Dam, Spillway, or Outlet to Lake - Sec. 7. Subject to IC 14-26-8 and IC 36-9-27, a...

14-26-7-8. Violations - Sec. 8. A person who violates this chapter commits a...

Chapter 8. Lakes; Changes in Levels

14-26-8-1. Applicability of Chapter - Sec. 1. This chapter applies to lakes having an area...

14-26-8-2. "Shoreline or Water Line" Defined - Sec. 2. As used in this chapter, "shoreline or water...

14-26-8-3. Petition for Control Dam or Other Structure to Maintain Lake Level - Sec. 3. (a) If: (1) at least twenty percent (20%)...

14-26-8-4. Contents of Petition - Sec. 4. A petition must do the following: (1) State...

14-26-8-5. Lake Lying in Two or More Counties - Sec. 5. If the lake lies in at least two...

14-26-8-6. Bond to Accompany Petition - Sec. 6. If the petition is initiated by the owners...

14-26-8-7. Docketing of Petition; Notice of Hearing - Sec. 7. (a) Within ten (10) days after the filing...

14-26-8-8. Viewers; Determination - Sec. 8. Before the date set for the hearing, the...

14-26-8-9. Viewers; Appointment and Qualifications - Sec. 9. On the day set for the hearing on...

14-26-8-10. Restrictions on County Commissioners as Viewers - Sec. 10. If a petition is filed alone by owners...

14-26-8-11. Remonstrance or Objection; Time Requirements - Sec. 11. The following have ten (10) days, exclusive of...

14-26-8-12. Remonstrance or Objection; Dismissal of Defective Petition - Sec. 12. After the ten (10) days prescribed by section...

14-26-8-13. Replacement of Disqualified Viewers - Sec. 13. If at least one (1) of the viewers...

14-26-8-14. Objections to Viewers; Time Requirements - Sec. 14. The following have ten (10) days, exclusive of...

14-26-8-15. Objections to Viewers; Disqualification - Sec. 15. After the ten (10) days prescribed by section...

14-26-8-16. Dismissal of Petition - Sec. 16. If within ten (10) days, exclusive of Sundays,...

14-26-8-17. Referral of Petition to Viewers - Sec. 17. (a) If: (1) a remonstrance has not been...

14-26-8-18. Inspection and Report by Viewers - Sec. 18. The viewers shall do the following: (1) Make...

14-26-8-19. Viewers' Findings; Dismissal of Petition - Sec. 19. If the viewers find that the proposed work...

14-26-8-20. Viewers' Findings; Referral to County Surveyor - Sec. 20. If the viewers find that the proposed work...

14-26-8-21. Surveyor; Preliminary Report; Plans; Specifications - Sec. 21. (a) The surveyor's preliminary report must include the...

14-26-8-22. County Surveyor - Sec. 22. (a) The county surveyor shall estimate the cost...

14-26-8-23. Requirements of Assessments of Benefits or Damages - Sec. 23. The assessing of benefits or damages is to...

14-26-8-24. Apportionment of Costs of Improvements - Sec. 24. (a) The cost of the improvement asked for...

14-26-8-25. Surveyor; Notice of Hearing - Sec. 25. (a) The court shall set a date: (1)...

14-26-8-26. Surveyor; Hearing; Final Report - Sec. 26. (a) On the day fixed by the court...

14-26-8-27. Remonstrance Against Surveyor's Final Report; Time Requirements; Contents - Sec. 27. (a) The following entities have ten (10) days...

14-26-8-28. Remonstrance Against Surveyor's Final Report; Order to Amend or File New Report - Sec. 28. If after a hearing the court decides that...

14-26-8-29. Remonstrance Against Surveyor's Final Report; New Report - Sec. 29. (a) In making an order for a new...

14-26-8-30. Remonstrance Against Surveyor's Final Report; Trial of Facts - Sec. 30. The court shall try all questions of facts...

14-26-8-31. Remonstrance Against Surveyor's Final Report; Modification of Assessments - Sec. 31. (a) If a remonstrance is sustained by the...

14-26-8-32. Remonstrance Against Surveyor's Final Report; Confirmation of Assessments - Sec. 32. If the finding and judgment of the court...

14-26-8-33. Remonstrance Against Surveyor's Final Report; Dismissal of Proceedings - Sec. 33. If the finding and judgment of the court...

14-26-8-34. Approval of Assessments Where No Remonstrance Filed - Sec. 34. If after the ten (10) days allowed for...

14-26-8-35. Appeal From Approval and Confirmation of Assessments - Sec. 35. The order of the court approving and confirming...

14-26-8-36. Contracts for Construction of Improvements; Notice; Bidding - Sec. 36. (a) The county surveyor shall proceed to have...

14-26-8-37. Contractor's Bond; Requirement - Sec. 37. A person who has successfully bid for the...

14-26-8-38. Contractor's Bond; Default - Sec. 38. If a person who is assessed is damaged...

14-26-8-39. Contractor's Bond; Action on Bond - Sec. 39. The surveyor may bring suit on the bond...

14-26-8-40. Contractor's Bond; Aggregate Liability of Surety - Sec. 40. The aggregate liability of the surety on a...

14-26-8-41. Contracts for Construction of Improvements; Court Approval - Sec. 41. A contract may not be let until the...

14-26-8-42. Contractor's Final Report - Sec. 42. When the contractor has finished the contractor's work,...

14-26-8-43. New Assessments Where No Contract Let - Sec. 43. (a) If the surveyor is unable to let...

14-26-8-44. Payment of Costs of Improvements - Sec. 44. The costs and expenses of an improvement petitioned...

14-26-8-45. Surveyor; Traveling Expenses; Compensation; Bond - Sec. 45. (a) If the surveyor or the surveyor's deputy...

14-26-8-46. Viewers; Expenses - Sec. 46. The viewers, other than the surveyors, the county...

14-26-8-47. Attorney's Fees - Sec. 47. (a) Except as provided in subsections (b) and...

14-26-8-48. Verified Bill; Partial Payment; Full Payment - Sec. 48. (a) A payment may not be made for...

14-26-8-49. General Lake Improvement Funds - Sec. 49. (a) The board of county commissioners of each...

14-26-8-50. Levy of Real Property Tax - Sec. 50. The fiscal body of a county concerned in...

14-26-8-51. County Surveyor - Sec. 51. (a) The county surveyor in charge of a...

14-26-8-52. Auditor; Notice of Assessments - Sec. 52. The auditor of each county affected shall give...

14-26-8-53. Auditor; Extension of Assessments Upon Duplicate - Sec. 53. (a) The auditor shall then extend the assessments...

14-26-8-54. Assessments Less Than $25 - Sec. 54. (a) The provisions of this chapter permitting the...

14-26-8-55. Assessments as Liens; Collection of Assessments - Sec. 55. An assessment constitutes a lien upon the tracts...

14-26-8-56. Nonpayment of Assessments; Sale of Land - Sec. 56. (a) If an assessment, an installment, or a...

14-26-8-57. Nonpayment of Assessments; Public Land - Sec. 57. (a) If: (1) a municipal corporation or other...

14-26-8-58. Assessments as Liens; Priority; Payment; Cancellation - Sec. 58. (a) The amount of an assessment as made...

14-26-8-59. Lien for Labor and Materials - Sec. 59. (a) Each subcontractor, laborer, and other person who...

14-26-8-60. Liability of Surveyor on Bond - Sec. 60. (a) If a surveyor fails to perform any...

14-26-8-61. Petitions Filed Under Ic 36-9-27; Duties of Viewers and County Surveyors - Sec. 61. (a) If a petition is filed under IC...

14-26-8-62. Petition Filed Under Ic 36-9-27; Court Proceedings - Sec. 62. (a) If a petition is filed under section...

14-26-8-63. Petition Filed Under Section 62 of This Chapter; Additional Assessments - Sec. 63. If: (1) the construction of a dam, other...

14-26-8-64. Elevation of Lake Levels - Sec. 64. (a) The county surveyor shall do the following:...

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Indiana Code Title 14. Natural and Cultural Resources Article 26. Lakes and Reservoirs

Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs