Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 269
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 14-8-2-121.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 121.3. "Hazard
classification system", for purposes of IC 14-27-7.5, has the meaning
set forth in IC 14-27-7.5-2.
SECTION 2. IC 14-27-7.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter does
not apply to the following:
(1) A structure that meets the following conditions:
(A) Is built for the sole purpose of erosion control, watering
livestock, recreation, or providing a haven or refuge for fish or
wildlife.
(B) Has a drainage area above the dam of not more than one
(1) square mile.
(C) Does not exceed twenty (20) feet in height.
(D) Does not impound a volume of more than one hundred
(100) acre-feet of water.
(2) A structure that is regulated under the federal Mine Safety and
Health Act of 1977, unless the structure is proposed to be retained
as a permanent structure after bond release.
(3) Except for a structure under subsection (b), a structure
that is a low hazard dam or a significant hazard dam that
SEA 269 — Concur 2
meets only one (1) of the following conditions:
(A) Has a drainage area above the dam of not more than
one (1) square mile.
(B) Does not exceed twenty (20) feet in height.
(C) Does not impound a volume of more than one hundred
(100) acre-feet of water.
(b) This chapter applies to a structure that is listed on the roster
of low head dams provided in IC 14-27-7.3.
SECTION 3. IC 14-27-7.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
chapter, "hazard classification system" means a rating assigned to a
structure by the department based on:
(1) the potential height of the structure and the volume of
water impounded by the structure; and
(2) the force of the water and the likely consequences resulting
from the uncontrolled release of its contents due to a failure or
misoperation of the structure.
SECTION 4. IC 14-27-7.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (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
potential consequences 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
SEA 269 — Concur 3
of the structure. The hazard classification system must include the
following classes of structures:
(1) High hazard: A structure the failure of which may 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 may 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 may 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.
SECTION 5. IC 14-27-7.5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
subsection (b), the department and the department's agents, engineers,
geologists, and other employees may, for purposes of determining the
department's jurisdiction and performing the engineering inspections
provided in sections 9 and 10 of this chapter, enter upon any land or
water in Indiana without liability for trespass. The owner of a structure
shall do the following:
(1) Cooperate with the department and the department's agents,
engineers, geologists, and other employees in the conduct of the
inspections.
(2) Facilitate access to the structure.
(3) Furnish upon request the plans, specifications, operating and
maintenance data, or other information that is pertinent to the
structure.
(b) Notwithstanding an engineering inspection performed by the
property owner or a consultant of the property owner, not less
than five (5) business days before an inspection is conducted under
this section, the department shall provide the property owner of a
structure with notice of the intended inspection date. The notice
must be by mail or by a means of electronic transmission approved
by the owner.
SECTION 6. IC 14-27-7.5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) A property
owner, the owner's representative, or an individual who resides
downstream from a structure:
SEA 269 — Concur 4
(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 review 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.
SECTION 7. IC 14-27-7.5-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 17. (a) Notwithstanding sections
9 and 10 of this chapter, a structure that before July 1, 2022, was
inspected under this chapter as a:
(1) high hazard structure is not required to be reinspected for
two (2) years from the date of the previous inspection;
(2) significant hazard structure is not required to be
reinspected for three (3) years from the date of the previous
inspection; or
(3) low hazard structure is not required to be reinspected for
five (5) years from the date of the previous inspection;
SEA 269 — Concur 5
unless exigent circumstances require additional inspections of the
structure.
(b) This section expires July 1, 2027.
SECTION 8. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
property that contains a high hazard dam shall prepare an
emergency action plan that includes the following:
(1) Identifies conditions that may endanger the dam.
(2) Identifies remedial actions to prevent or minimize the
downstream impacts of a dam failure.
(3) Contains contact information to notify local emergency
personnel and provide effective communications of the dam's
condition.
(4) Contains a plan to notify local emergency personnel of an
impending or actual failure of the dam.
(5) Contains a plan to notify local emergency personnel after
an unusual or emergency event has ended.
A plan prepared under this subsection shall be reviewed every six
(6) years and updated with any changes noted in the dam safety
inspections or contact information, or other changes, since the
initial plan was prepared or the last update was provided,
whichever is later.
(b) The property owner shall provide a copy of the emergency
action plan required under this section to the department and the
emergency management agency that serves the county in which the
dam is located.
SEA 269 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 269 — Concur