Low head dams., the official text

First Regular Session of the 124th General Assembly (2025)

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  SENATE ENROLLED ACT No. 477

   AN ACT to amend the Indiana Code concerning natural and cultural
resources.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 14-27-7.3-1, AS ADDED BY P.L.104-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) This chapter does not apply to a dam that is
regulated by the Federal Energy Regulatory Commission or owned by
the Army Corps of Engineers.

   (b) For purposes of this chapter, the state does not assume
ownership of or responsibility for a low head dam that is not listed
on the roster under section 4 as owned by the state.

   SECTION 2. IC 14-27-7.3-5, AS ADDED BY P.L.104-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The department shall do the following:

      (1) Establish warning sign standards and requirements for low
      head dams that are on the roster. The department may reference
      standards or best practices established by the Federal
      Emergency Management Agency.
      (2) Provide information on low head dam safety.
      (3) Provide contact information for the department so that a low
      head dam owner can discuss options for low head dam removal
      or modification.
      (4) Not more than ninety (90) days after the commission adopts
      a roster, notify each identified owner of a low head dam on the

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      roster by certified mail of the requirements for a low head dam
      under this chapter.
      (5) Not more than ninety (90) days after the department receives
      information of a new owner of a low head dam on the roster,
      notify the new owner by certified mail of the requirements for a
      low head dam under this chapter.
   SECTION 3. IC 14-27-7.3-6, AS ADDED BY P.L.104-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. A person who owns a low head dam that is on
the roster shall do the following:
      (1) Except as provided in section 7 of this chapter, comply with
      the warning standards established by the department under
      section 5(1) of this chapter.
      (2) Inform the department of any change of ownership of the low
      head dam not more than thirty (30) days after the change.
      (3) Except for a low head dam owned by the state or a political
      subdivision, obtain and maintain proof of financial
      responsibility for the low head dam in the form of:

         (A) a bond for not less than one million dollars
         ($1,000,000); or
         (B) general liability insurance, with a general aggregate limit
         of not less than one million dollars ($1,000,000);
      to cover claims from injuries and death that the low head dam
      may cause, and before July 1 of each year provide the department
      with proof of insurance or bond.
   SECTION 4. IC 14-27-7.3-8.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) It is the public policy of
the state that low head dams are a threat to:
      (1) public safety;
      (2) stream ecological processes; and
      (3) navigability.
   (b) It is in the public interest to remove low head dams that are
an encroachment on navigable waterways to:
      (1) promote public safety for recreational use and enjoyment
      of the public trust;
      (2) avoid adverse effects to fish, wildlife, and botanical
      resources; and
      (3) not impair the navigability of a waterway.
   (c) A low head dam located on a navigable waterway is an
encroachment subject to removal under section 8.2 of this chapter
unless it is:

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      (1) owned and operated by a public utility (as defined by
      IC 8-1-2-1(a)) or a municipally owned utility (as defined by
      IC 8-1-2-1(h)); or
      (2) owned, managed, or operated by the department.
   SECTION 5. IC 14-27-7.3-8.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8.2. (a) A person under this
chapter may remove a low head dam that is an encroachment
without a permit issued by the department under IC 14-28-1 or
IC 14-29-1 if the following conditions are met:
      (1) The removal will not adversely affect the efficiency of or
      unduly restrict the capacity of the floodway, as provided by
      312 IAC.
      (2) The removal will not constitute an unreasonable hazard to
      the safety of life or property, as provided by 312 IAC.
      (3) The removal will not result in unreasonable detrimental
      effects upon fish, wildlife, or botanical resources, as provided
      by 312 IAC.
      (4) Other conditions established by rule under IC 4-22-2.
   (b) A person seeking to remove a low head dam under this
section shall notify the department not later than thirty (30) days
before beginning removal of the low head dam, and shall provide
the following information:
      (1) The name, address, telephone number, and electronic mail
      address of the person.
      (2) A description of the proposed activity.
      (3) The location of the proposed activity, including
      appropriate mapping.
      (4) Evidence the proposed activity meets the requirements
      under subsection (a).
   (c) This section does not exempt a person from other federal,
state, or local permitting requirements.
   SECTION 6. IC 14-27-7.3-12, AS ADDED BY P.L.104-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. The department may shall adopt rules under
IC 4-22-2 to implement this chapter.
   SECTION 7. IC 14-27-7.3-13.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13.1. A permit issued by the
director after January 1, 2021, for the removal of a low head dam
does not expire until two (2) years after any:
      (1) local, state, or federal administrative or judicial appeals of

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      that permit; or
      (2) other local, state, or federal permit required to implement
      that permit;
have been finally adjudicated.
   SECTION 8. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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