Indiana 2023 Regular Session

Indiana Senate Bill SB0412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0412.1
	2	+	March 23, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 412
	5	+	_____
	6	+	DIGEST OF SB 412 (Updated March 22, 2023 1:28 pm - DI 148)
	7	+	Citations Affected: IC 14-8; IC 14-11; IC 14-13; IC 14-25.5;
	8	+	IC 14-26; IC 14-28; IC 25-36.5; IC 36-1.
	9	+	Synopsis: Natural resources matters. Provides, for purposes of the oil
	10	+	and gas law (which requires the natural resources commission to adopt
	11	+	rules to prevent waste and prohibits actions in the extraction of coal
	12	+	bed methane that would waste commercially minable coal resources),
	13	+	that the term "waste" does not include capturing and destroying coal
	14	+	bed methane for a commercial purpose, including the generation of
	15	+	carbon credits. Authorizes the division of water (division) of the
	16	+	department of natural resources (department) to file, in the deed
	17	+	records of a county recorder's office, an affidavit stating that a violation
	18	+	or deficiency that is the subject of an enforcement action for a structure
	19	+	that is classified by the department as a high hazard structure exists on
	20	+	a particular property in the county. Provides that the affidavit must: (1)
	21	+	include a sworn statement that a violation or deficiency exists on the
	22	+	property that is the subject of the notice of violation; (2) be recorded by
	23	+	the county recorder in the deed records of the county; (3) be designed
	24	+	(Continued next page)
	25	+	Effective: July 1, 2023.
	26	+	Glick, Leising, Randolph Lonnie M
	27	+	(HOUSE SPONSOR — LINDAUER)
	28	+	January 19, 2023, read first time and referred to Committee on Natural Resources.
	29	+	February 21, 2023, amended, reported favorably — Do Pass.
	30	+	February 23, 2023, read second time, amended, ordered engrossed.
	31	+	February 24, 2023, engrossed.
	32	+	February 27, 2023, read third time, passed. Yeas 45, nays 4.
	33	+	HOUSE ACTION
	34	+	March 6, 2023, read first time and referred to Committee on Natural Resources.
	35	+	March 23, 2023, amended, reported — Do Pass.
	36	+	ES 412—LS 7393/DI 55 Digest Continued
	37	+	and worded so as to provide notice to the public; and (4) include
	38	+	certain details about the property and current owner. Requires the
	39	+	department to file a release of the affidavit with the county when the
	40	+	violation or deficiency is resolved to remove the affidavit from the deed
	41	+	records of the county. Requires: (1) the division to pay for recording an
	42	+	affidavit; and (2) the department to pay for recording a release of the
	43	+	affidavit. Amends the law requiring the natural resources commission
	44	+	to adopt certain rules concerning lakes and reservoirs. Amends the
	45	+	flood control law, which requires a permit to create or maintain a
	46	+	structure, obstruction, deposit, or excavation in a floodway, to: (1)
	47	+	require a person who files a permit application to provide
	48	+	documentation of the person's ownership of the site where the proposed
	49	+	work will be performed or an affidavit from the owner of the site
	50	+	authorizing the performance of the proposed work; (2) allow an
	51	+	applicant to file an amendment to the person's permit application; and
	52	+	(3) provide that two or more persons may jointly apply for a permit.
	53	+	Amends the floodplain management law to: (1) require a permit for the
	54	+	creation, use, or maintenance of a structure, obstruction, deposit, or
	55	+	excavation on any state owned property or state managed property in
	56	+	a floodplain; and (2) provide that the lowest floor of any structure
	57	+	erected on state owned property or state managed property in a
	58	+	floodplain must be least two feet above the 100 year frequency flood
	59	+	elevation. Amends the timber buyers law to provide that information
	60	+	in a timber buyer's records about the timber buyer's transactions with
	61	+	a particular timber grower may be disclosed to that timber grower.
	62	+	Requires the natural resources commission to hold a meeting at least
	63	+	once every five years with officials of counties and municipalities for
	64	+	flood plain management purposes. Provides that after June 30, 2023,
	65	+	a person who applies to a local floodplain administrator for a permit
	66	+	authorizing a structure or construction activity in or near a floodplain
	67	+	may elect that either the best available data as provided by the
	68	+	department or an engineering study provided by the applicant that is
	69	+	reviewed and approved according to the unit's ordinance for flood
	70	+	hazard areas will be used in reviewing the person's application.
	71	+	Provides that officials of a county or municipality may voluntarily
	72	+	request to meet with the natural resources commission on a periodic
	73	+	basis to further the objectives of the flood plain management law.
	74	+	Requires the natural resources commission to review and timely
	75	+	respond to any request from a county or municipality to revise the
	76	+	delineation of a flood hazard area. Authorizes the Little Calumet River
	77	+	basin development commission to make bank improvements and
	78	+	remove sediment and flood-causing debris within the Little Calumet
	79	+	River basin development commission's jurisdiction, subject only to the
	80	+	authority of the United States Army Corps of Engineers. Requires the
	81	+	department to coordinate with local governmental agencies for
	82	+	purposes of a seawall or revetment permit process. Provides that if a
	83	+	local governmental agency does not approve or deny the seawall or
	84	+	revetment permit within 30 business days, the permit is automatically
	85	+	approved and considered issued to the person. Makes conforming
	86	+	changes.
	87	+	ES 412—LS 7393/DI 55ES 412—LS 7393/DI 55 March 23, 2023
1	88		First Regular Session of the 123rd General Assembly (2023)
2	89		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	90		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	91		additions will appear in this style type, and deletions will appear in this style type.
5	92		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	93		provision adopted), the text of the new provision will appear in this style type. Also, the
7	94		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	95		a new provision to the Indiana Code or the Indiana Constitution.
9	96		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	97		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 412
12		-	AN ACT to amend the Indiana Code concerning natural resources.
	98	+	ENGROSSED
	99	+	SENATE BILL No. 412
	100	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	101	+	natural resources.
13	102		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 14-8-2-1.5 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2023]: Sec. 1.5. "Affidavit", for the purposes of IC 14-25.5, has
17		-	the meaning set forth in IC 14-25.5-1-1.5.
18		-	SECTION 2. IC 14-11-1-10 IS ADDED TO THE INDIANA CODE
19		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20		-	1, 2023]: Sec. 10. The department shall coordinate with local
21		-	governmental agencies (as defined in IC 36-7-4-1109(a)) for
22		-	purposes of the permit process described in IC 36-1-29-16.
23		-	SECTION 3. IC 14-13-2-15 IS AMENDED TO READ AS
24		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) In establishing
25		-	and developing projects, the commission may:
26		-	(1) construct, reconstruct, establish, build, repair, remodel,
27		-	enlarge, extend, or add to facilities, betterments, and
28		-	improvements; and
29		-	(2) clear and prepare any site for construction;
30		-	that the commission considers appropriate in furtherance of the
31		-	purposes of this chapter.
32		-	(b) Subject only to the authority of the United States Army
33		-	Corps of Engineers, the commission may:
34		-	(1) remove sediments and flood-causing debris; and
35		-	(2) make bank improvements;
36		-	within the geographic area described in section 6 of this chapter,
37		-	SEA 412 — CC 1 2
38		-	giving priority to the removal of sediments and flood-causing
39		-	debris.
40		-	SECTION 4. IC 14-25.5-1-1.5 IS ADDED TO THE INDIANA
41		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
42		-	[EFFECTIVE JULY 1, 2023]: Sec. 1.5. As used in this article,
43		-	"affidavit" means a written document that:
44		-	(1) is executed under oath or affirmation by an officer or
45		-	employee of the department; and
46		-	(2) states that a violation or deficiency that is the subject of an
47		-	enforcement action under this article exists on a particular
48		-	property.
49		-	SECTION 5. IC 14-25.5-2-7 IS ADDED TO THE INDIANA CODE
50		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51		-	1, 2023]: Sec. 7. (a) Subsection (b) applies if a person was issued a
52		-	notice of violation under IC 14-27-7.5-11 for a structure that is
53		-	classified by the department as a high hazard structure under the
54		-	hazard classification system in IC 14-27-7.5-8(b)(1) and:
55		-	(1) the person:
56		-	(A) has exhausted all available administrative remedies
57		-	relating to the violation; and
58		-	(B) did not initiate judicial review of the department's
59		-	enforcement action under IC 4-21.5-5 within the period
60		-	allowed by IC 4-21.5-5-5;
61		-	(2) the person has initiated judicial review of the department's
62		-	enforcement action under IC 4-21.5-5 but the court did not set
63		-	aside the enforcement action; or
64		-	(3) the person has entered into a settlement agreement with
65		-	the department concerning the violation.
66		-	(b) The division may file an affidavit for recording in the county
67		-	recorder's office of the county in which the property on which the
68		-	violation or deficiency referred to in the notice of violation exists.
69		-	When filing an affidavit for recording under this section, the
70		-	division shall pay to the county recorder the fee charged for the
71		-	recording of a document in the deed records of the county.
72		-	(c) An affidavit filed under this section must:
73		-	(1) include a sworn statement that a violation or deficiency
74		-	exists on the property that is the subject of the notice of
75		-	violation;
76		-	(2) be recorded by the county recorder in the deed records of
77		-	the county in accordance with IC 36-2-7-10 and
78		-	IC 36-2-11-16.5;
79		-	(3) be designed and worded so as to provide notice to the
80		-	SEA 412 — CC 1 3
81		-	public, including any contractor or other person that intends
82		-	to perform construction work on the property on which the
83		-	violation or deficiency referred to in the notice of violation
84		-	exists; and
85		-	(4) include:
86		-	(A) the full legal description of the property; and
87		-	(B) the most current name of the owner of the property as
88		-	shown in the records of the auditor of the county where the
89		-	property is located.
90		-	(d) When the violation or deficiency referred to in the notice of
91		-	violation is resolved, the department shall file a release of the
92		-	affidavit with the county recorder to remove the affidavit from the
93		-	deed records of the county. The release filed under this subsection
94		-	must:
95		-	(1) include a reference to the affidavit; and
96		-	(2) meet the recording requirements specified in
97		-	IC 36-2-11-15 through IC 36-2-11-16.5.
98		-	The department shall pay to the county recorder the fee charged
99		-	for recording the release.
100		-	(e) The presence of an affidavit recorded under this section in
101		-	the deed records of the county in which the property referred to in
102		-	the affidavit is located does not:
103		-	(1) constitute a judgment lien against the property;
104		-	(2) invalidate the conveyance, purchase, lease, or acquisition
105		-	of the property; or
106		-	(3) deprive the holder of title to the property of marketable
107		-	record title (as defined in IC 32-20-2-2) for the purposes of
108		-	IC 32-20.
109		-	SECTION 6. IC 14-26-2-23, AS AMENDED BY P.L.195-2017,
110		-	SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111		-	JULY 1, 2023]: Sec. 23. (a) Unless a person obtains a permit from the
112		-	department under this section and conducts the activities according to
113		-	the terms of the permit, a person may not conduct the following
114		-	activities:
115		-	(1) Over, along, or lakeward of the shoreline or water line of a
116		-	public freshwater lake:
117		-	(A) excavate;
118		-	(B) place fill; or
119		-	(C) place, modify, or repair a temporary or permanent
120		-	structure.
121		-	(2) Construct a wall whose lowest point would be:
122		-	(A) below the elevation of the shoreline or water line; and
123		-	SEA 412 — CC 1 4
124		-	(B) within ten (10) feet landward of the shoreline or water line,
125		-	as measured perpendicularly from the shoreline or water line;
126		-	of a public freshwater lake.
127		-	(3) Change the water level, area, or depth of a public freshwater
128		-	lake or the location of the shoreline or water line.
129		-	(b) An application for a permit for an activity described in
130		-	subsection (a) must be accompanied by the following:
131		-	(1) A nonrefundable minimum fee of one hundred dollars ($100).
132		-	(2) A project plan that provides the department with sufficient
133		-	information concerning the proposed excavation, fill, temporary
134		-	structure, or permanent structure.
135		-	(3) A written acknowledgment from the landowner that any
136		-	additional water area created under the project plan is part of the
137		-	public freshwater lake and is dedicated to the general public use
138		-	with the public rights described in section 5 of this chapter.
139		-	(c) The department may issue a permit after investigating the merits
140		-	of the application. In determining the merits of the application, the
141		-	department may consider any factor, including cumulative effects of
142		-	the proposed activity upon the following:
143		-	(1) The shoreline, water line, or bed of the public freshwater lake.
144		-	(2) The fish, wildlife, or botanical resources.
145		-	(3) The public rights described in section 5 of this chapter.
146		-	(4) The management of watercraft operations under IC 14-15.
147		-	(5) The interests of a landowner having property rights abutting
148		-	the public freshwater lake or rights to access the public freshwater
149		-	lake.
150		-	(d) A contractor or agent of the landowner who engages in an
151		-	activity described in subsection (a)(1), (a)(2), or (a)(3) must comply
152		-	with the terms of a permit issued under this section.
153		-	(e) The commission shall adopt rules under IC 4-22-2 to do the
154		-	following:
155		-	(1) Assist in the administration of this chapter.
156		-	(2) Provide objective standards for issuing permits under this
157		-	section, including standards for the configuration of piers, boat
158		-	stations, platforms, and similar structures. The standards:
159		-	(A) may provide for a common use if the standard is needed to
160		-	accommodate the interests of landowners having:
161		-	(i) property rights abutting the public freshwater lake; or
162		-	(ii) rights to access the public freshwater lake; and
163		-	(B) shall exempt any class of activities, from licensing,
164		-	including the construction or placement of temporary
165		-	structures, from licensing if the commission finds that the
166		-	SEA 412 — CC 1 5
167		-	class is unlikely to pose more than a minimal potential for
168		-	harm to the public rights described in section 5 of this chapter.
169		-	(3) Establish a process under IC 4-21.5 for the mediation of
170		-	disputes among persons with competing interests or between a
171		-	person and the department. A rule adopted under this subsection
172		-	must provide that:
173		-	(A) if good faith mediation under the process fails to achieve
174		-	a settlement, the department shall make a determination of the
175		-	dispute; and
176		-	(B) a person affected by the determination of the department
177		-	may seek administrative review by the commission.
178		-	(4) (3) Subject to IC 14-10-2-1, set the permit application fee at
179		-	or above the minimum fee established in subsection (b).
180		-	(f) After:
181		-	(1) a final agency action in a mediation under subsection (e)(3)
182		-	that makes a determination of a dispute among persons with
183		-	competing riparian interests; and
184		-	(2) the completion of judicial review or the expiration of the
185		-	opportunity for judicial review;
186		-	a party to the dispute may seek enforcement of the determination in a
187		-	civil proceeding. The remedy provided under this subsection is
188		-	supplemental to any other legal remedy of the party.
189		-	SECTION 7. IC 14-28-1-19.5 IS REPEALED [EFFECTIVE JULY
190		-	1, 2023]. Sec. 19.5. For purposes of this chapter, property owners may
191		-	jointly apply for a permit.
192		-	SECTION 8. IC 14-28-1-22, AS AMENDED BY P.L.141-2022,
193		-	SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194		-	JULY 1, 2023]: Sec. 22. (a) As used in subsection (b)(1) with respect
195		-	to a stream, "total length" means the length of the stream, expressed in
196		-	miles, from the confluence of the stream with the receiving stream to
197		-	the upstream or headward extremity of the stream, as indicated by the
198		-	solid or dashed, blue or purple line depicting the stream on the most
199		-	current edition of the seven and one-half (7 1/2) minute topographic
200		-	quadrangle map published by the United States Geological Survey,
201		-	measured along the meanders of the stream as depicted on the map.
202		-	(b) This section does not apply to the following:
203		-	(1) A reconstruction or maintenance project (as defined in
204		-	IC 36-9-27) on a stream or an open regulated drain if the total
205		-	length of the stream or open drain is not more than ten (10) miles.
206		-	(2) A construction or reconstruction project on a state or county
207		-	highway bridge in a rural area that crosses a stream having an
208		-	upstream drainage area of not more than fifty (50) square miles
209		-	SEA 412 — CC 1 6
210		-	and the relocation of utility lines associated with the construction
211		-	or reconstruction project if confined to an area not more than one
212		-	hundred (100) feet from the limits of the highway construction
213		-	right-of-way.
214		-	(3) The performance of an activity described in subsection (c)(1)
215		-	or (c)(2) by a surface coal mining operation that is operated under
216		-	a permit issued under IC 14-34.
217		-	(4) Any other activity that is determined by the commission,
218		-	according to rules adopted under IC 4-22-2, to pose not more than
219		-	a minimal threat to floodway areas.
220		-	(5) An activity in a boundary river floodway to which section 26.5
221		-	of this chapter applies.
222		-	(6) The removal of a logjam or mass of wood debris that has
223		-	accumulated in a river or stream, subject to the following
224		-	conditions:
225		-	(A) Work must not be within a salmonid stream designated
226		-	under 327 IAC 2-1.5-5 without the prior written approval of
227		-	the department's division of fish and wildlife.
228		-	(B) Work must not be within a natural, scenic, or recreational
229		-	river or stream designated under 312 IAC 7-2.
230		-	(C) Except as otherwise provided in Indiana law, free logs or
231		-	affixed logs that are crossways in the channel must be cut,
232		-	relocated, and removed from the floodplain. Logs may be
233		-	maintained in the floodplain if properly anchored or otherwise
234		-	secured so as to resist flotation or dislodging by the flow of
235		-	water and placement in an area that is not a wetland. Logs
236		-	must be removed and secured with a minimum of damage to
237		-	vegetation.
238		-	(D) Isolated or single logs that are embedded, lodged, or
239		-	rooted in the channel, and that do not span the channel or
240		-	cause flow problems, must not be removed unless the logs are
241		-	either of the following:
242		-	(i) Associated with or in close proximity to larger
243		-	obstructions.
244		-	(ii) Posing a hazard to agriculture, business, navigation, or
245		-	property.
246		-	(E) A leaning or severely damaged tree that is in immediate
247		-	danger of falling into the waterway may be cut and removed.
248		-	The root system and stump of the tree must be left in place.
249		-	(F) To the extent practicable, the construction of access roads
250		-	must be minimized, and should not result in the elevation of
251		-	the floodplain.
252		-	SEA 412 — CC 1 7
253		-	(G) To the extent practicable, work should be performed
254		-	exclusively from one (1) side of a waterway. Crossing the bed
255		-	of a waterway is prohibited.
256		-	(H) To prevent the flow of sediment laden water back into the
257		-	waterway, appropriate sediment control measures must be
258		-	installed.
259		-	(I) Within fifteen (15) days, all bare and disturbed areas must
260		-	be revegetated with a mixture of grasses and legumes. Tall
261		-	fescue must not be used under this subdivision, except that low
262		-	endophyte tall fescue may be used in the bottom of the
263		-	waterway and on side slopes.
264		-	(c) A person who desires to:
265		-	(1) erect, make, use, or maintain a structure, an obstruction, a
266		-	deposit, or an excavation; or
267		-	(2) suffer or permit a structure, an obstruction, a deposit, or an
268		-	excavation to be erected, made, used, or maintained;
269		-	in or on a floodway must file with the director a verified written
270		-	application for a permit. The permit application must be
271		-	accompanied by a nonrefundable minimum fee of two hundred dollars
272		-	($200).
273		-	(d) The A permit application for a permit filed under this section:
274		-	(1) must set forth the material facts together with concerning the
275		-	structure, obstruction, deposit, or excavation; and
276		-	(2) must be accompanied by plans and specifications for the
277		-	structure, obstruction, deposit, or excavation.
278		-	(e) A person who files a permit application under this section
279		-	must provide:
280		-	(1) documentation of the person's ownership of the site where
281		-	the proposed work will be performed; or
282		-	(2) an affidavit from the owner of the site where the proposed
283		-	work will be performed expressly authorizing the
284		-	performance of the proposed work on that site.
285		-	(f) A person who applies for a permit under this section may file
286		-	an amendment to the person's permit application. The director
287		-	may approve a permit application amendment filed under this
288		-	subsection only if the permit, as amended by the amendment,
289		-	would meet the requirements of this section.
290		-	(g) Two (2) or more persons may jointly apply for a permit
291		-	under this section.
292		-	(e) (h) An applicant A person described in subsection (c) must
293		-	receive a permit from the director for the work before beginning
294		-	construction. The director shall issue a permit only if, in the opinion of
295		-	SEA 412 — CC 1 8
296		-	the director, the applicant has clearly proven that the structure,
297		-	obstruction, deposit, or excavation will not do any of the following:
298		-	(1) Adversely affect the efficiency of or unduly restrict the
299		-	capacity of the floodway.
300		-	(2) Constitute an unreasonable hazard to the safety of life or
301		-	property.
302		-	(3) Result in unreasonably detrimental effects upon fish, wildlife,
303		-	or botanical resources.
304		-	(f) (i) In deciding whether to issue a permit under this section, the
305		-	director shall consider the cumulative effects of the structure,
306		-	obstruction, deposit, or excavation. The director may incorporate in and
307		-	make a part of an order of authorization conditions and restrictions that
308		-	the director considers necessary for the purposes of this chapter.
309		-	(g) (j) The following apply to a permit issued under this section:
310		-	(1) Except as provided in subdivisions (2) and (3), a permit is
311		-	valid for two (2) years after the date of issuance of the permit.
312		-	(2) A permit issued to:
313		-	(A) the Indiana department of transportation or a county
314		-	highway department in connection with a construction
315		-	project, if there is any federal funding for the project; or
316		-	(B) an electric utility for the construction of a power
317		-	generating facility;
318		-	is valid for five (5) years from the date of issuance and of the
319		-	permit.
320		-	(3) is valid for the duration of a permitted project subject to
321		-	periodic compliance evaluations for A permit issued to a
322		-	quarrying or aggregate company for the excavation of industrial
323		-	materials, including:
324		-	(A) clay and shale;
325		-	(B) crushed limestone and dolostone;
326		-	(C) dimension limestone;
327		-	(D) dimension sandstone;
328		-	(E) gypsum;
329		-	(F) peat;
330		-	(G) construction sand and gravel; and
331		-	(H) industrial sand;
332		-	is valid for the duration of the permitted project, subject to
333		-	periodic compliance evaluations.
334		-	However, a permit issued under this section expires if construction is
335		-	not commenced within two (2) years after the permit is issued. Except
336		-	as provided under section 22.1 of this chapter, a permit that is active
337		-	and was issued under subdivision (1) before July 1, 2014, is valid for
338		-	SEA 412 — CC 1 9
339		-	two (2) years beginning July 2014, and a permit that is active and was
340		-	issued under subdivision (2) before July 1, 2014, is valid for five (5)
341		-	years beginning July 2014.
342		-	(h) (k) The holder of a permit issued under subsection (g)(3) (j)(3)
343		-	shall notify the commission of the completion of the permitted
344		-	project within six (6) months of after completing the permitted
345		-	project.
346		-	(i) (l) The following apply to the renewal of a permit issued under
347		-	this section:
348		-	(1) A permit to which subsection (g)(1) (j)(1) applies may be
349		-	renewed one (1) time for a period not to exceed two (2) additional
350		-	years. and
351		-	(2) A permit to which subsection (g)(2) (j)(2) applies may be
352		-	renewed one (1) time for a period not to exceed five (5) additional
353		-	years.
354		-	(j) (m) The director shall send a copy of each permit issued under
355		-	this section to each river basin commission organized under:
356		-	(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
357		-	(2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
358		-	(before its repeal);
359		-	that is affected.
360		-	(k) (n) The permit holder shall post and maintain a permit issued
361		-	under this section at the authorized site.
362		-	(l) (o) For the purposes of this chapter, the lowest floor of a
363		-	building, including a residence or abode, that is to be constructed or
364		-	reconstructed in the one hundred (100) year floodplain of an area
365		-	protected by a levee that is:
366		-	(1) inspected; and
367		-	(2) found to be in good or excellent condition;
368		-	by the United States Army Corps of Engineers shall not be lower than
369		-	the one hundred (100) year frequency flood elevation plus one (1) foot.
370		-	SECTION 9. IC 14-28-1-22.1, AS ADDED BY P.L.21-2021,
371		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
372		-	JULY 1, 2023]: Sec. 22.1. (a) A permit issued under section 22(g)(1)
373		-	22(j)(3) of this chapter on or before July 1, 2014, for a quarrying or
374		-	aggregate company that is active for the excavation of industrial
375		-	materials, including:
376		-	(1) clay and shale;
377		-	(2) crushed limestone and dolostone;
378		-	(3) dimension limestone;
379		-	(4) dimension sandstone;
380		-	(5) gypsum;
381		-	SEA 412 — CC 1 10
382		-	(6) peat;
383		-	(7) construction sand and gravel; and
384		-	(8) industrial sand;
385		-	is valid for the duration of the permitted project subject to the permit
386		-	conditions and periodic compliance evaluations.
387		-	(b) The holder of a permit described in subsection (a) shall notify
388		-	the department not later than January 1, 2022, if the permitted project
389		-	is still active. Failure to notify the department not later than January 1,
390		-	2022, will cause the permit to expire.
391		-	(c) (b) The holder of a permit described in subsection (a) is required
392		-	to notify the department that the permitted project is complete not later
393		-	than six (6) months after completing the permitted project.
394		-	SECTION 10. IC 14-28-1-34, AS AMENDED BY P.L.21-2021,
395		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
396		-	JULY 1, 2023]: Sec. 34. A person who knowingly fails to comply with
397		-	section 22(k) 22(n) of this chapter commits a Class B infraction. Each
398		-	day a person violates section 22(k) 22(n) of this chapter constitutes a
399		-	separate infraction.
400		-	SECTION 11. IC 14-28-3-4 IS AMENDED TO READ AS
	103	+	1 SECTION 1. IC 14-8-2-1.5 IS ADDED TO THE INDIANA CODE
	104	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	105	+	3 1, 2023]: Sec. 1.5. "Affidavit", for the purposes of IC 14-25.5, has
	106	+	4 the meaning set forth in IC 14-25.5-1-1.5.
	107	+	5 SECTION 2. IC 14-8-2-302 IS AMENDED TO READ AS
	108	+	6 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 302. "Waste" or
	109	+	7 "wasted" has the following meaning:
	110	+	8 (1) For purposes of IC 14-25-3, the meaning set forth in
	111	+	9 IC 14-25-3-2.
	112	+	10 (2) For purposes of IC 14-37, the term includes the following:
	113	+	11 (A) Locating, spacing, drilling, equipping, operating, or
	114	+	12 producing a well for oil and gas purposes drilled after March
	115	+	13 13, 1947, in any manner that:
	116	+	14 (i) reduces or tends to reduce the quantity of oil or gas
	117	+	15 ultimately to be recovered from any well in Indiana; or
	118	+	16 (ii) violates the spacing provisions adopted by the
	119	+	17 commission under IC 14-37.
	120	+	ES 412—LS 7393/DI 55 2
	121	+	1 (B) Storing oil in earthen reservoirs except in an emergency to
	122	+	2 prevent the total loss of that oil.
	123	+	3 (C) Producing oil or gas in a manner that will cause water
	124	+	4 channeling or zoning.
	125	+	5 (D) Injecting fluids into a stratum or part of a stratum capable
	126	+	6 of producing oil or gas, except in accordance with the terms of
	127	+	7 a Class II well for which a permit is issued under IC 14-37.
	128	+	8 (E) Allowing water other than fresh water to flow from any
	129	+	9 producing horizon located in a producing pool, except in
	130	+	10 accordance with the terms of a permit issued under IC 14-37.
	131	+	11 (F) Allowing gas from a well that produces only gas to escape
	132	+	12 into the atmosphere, except as is necessary while making or
	133	+	13 changing connections, completing the well, or reconditioning
	134	+	14 the well.
	135	+	15 (3) For purposes of IC 14-37, the term does not include
	136	+	16 capturing and destroying coal bed methane for a commercial
	137	+	17 purpose, including the generation of carbon credits.
	138	+	18 SECTION 3. IC 14-11-1-10 IS ADDED TO THE INDIANA CODE
	139	+	19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	140	+	20 1, 2023]: Sec. 10. The department shall coordinate with local
	141	+	21 governmental agencies (as defined in IC 36-7-4-1109(a)) for
	142	+	22 purposes of the permit process described in IC 36-1-29-16.
	143	+	23 SECTION 4. IC 14-13-2-15 IS AMENDED TO READ AS
	144	+	24 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) In establishing
	145	+	25 and developing projects, the commission may:
	146	+	26 (1) construct, reconstruct, establish, build, repair, remodel,
	147	+	27 enlarge, extend, or add to facilities, betterments, and
	148	+	28 improvements; and
	149	+	29 (2) clear and prepare any site for construction;
	150	+	30 that the commission considers appropriate in furtherance of the
	151	+	31 purposes of this chapter.
	152	+	32 (b) Subject only to the authority of the United States Army
	153	+	33 Corps of Engineers, the commission may:
	154	+	34 (1) remove sediments and flood-causing debris; and
	155	+	35 (2) make bank improvements;
	156	+	36 within the geographic area described in section 6 of this chapter,
	157	+	37 giving priority to the removal of sediments and flood-causing
	158	+	38 debris.
	159	+	39 SECTION 5. IC 14-25.5-1-1.5 IS ADDED TO THE INDIANA
	160	+	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
	161	+	41 [EFFECTIVE JULY 1, 2023]: Sec. 1.5. As used in this article,
	162	+	42 "affidavit" means a written document that:
	163	+	ES 412—LS 7393/DI 55 3
	164	+	1 (1) is executed under oath or affirmation by an officer or
	165	+	2 employee of the department; and
	166	+	3 (2) states that a violation or deficiency that is the subject of an
	167	+	4 enforcement action under this article exists on a particular
	168	+	5 property.
	169	+	6 SECTION 6. IC 14-25.5-2-7 IS ADDED TO THE INDIANA CODE
	170	+	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	171	+	8 1, 2023]: Sec. 7. (a) Subsection (b) applies if a person was issued a
	172	+	9 notice of violation under IC 14-27-7.5-11 for a structure that is
	173	+	10 classified by the department as a high hazard structure under the
	174	+	11 hazard classification system in IC 14-27-7.5-8(b)(1) and:
	175	+	12 (1) the person:
	176	+	13 (A) has exhausted all available administrative remedies
	177	+	14 relating to the violation; and
	178	+	15 (B) did not initiate judicial review of the department's
	179	+	16 enforcement action under IC 4-21.5-5 within the period
	180	+	17 allowed by IC 4-21.5-5-5;
	181	+	18 (2) the person has initiated judicial review of the department's
	182	+	19 enforcement action under IC 4-21.5-5 but the court did not set
	183	+	20 aside the enforcement action; or
	184	+	21 (3) the person has entered into a settlement agreement with
	185	+	22 the department concerning the violation.
	186	+	23 (b) The division may file an affidavit for recording in the county
	187	+	24 recorder's office of the county in which the property on which the
	188	+	25 violation or deficiency referred to in the notice of violation exists.
	189	+	26 When filing an affidavit for recording under this section, the
	190	+	27 division shall pay to the county recorder the fee charged for the
	191	+	28 recording of a document in the deed records of the county.
	192	+	29 (c) An affidavit filed under this section must:
	193	+	30 (1) include a sworn statement that a violation or deficiency
	194	+	31 exists on the property that is the subject of the notice of
	195	+	32 violation;
	196	+	33 (2) be recorded by the county recorder in the deed records of
	197	+	34 the county in accordance with IC 36-2-7-10 and
	198	+	35 IC 36-2-11-16.5;
	199	+	36 (3) be designed and worded so as to provide notice to the
	200	+	37 public, including any contractor or other person that intends
	201	+	38 to perform construction work on the property on which the
	202	+	39 violation or deficiency referred to in the notice of violation
	203	+	40 exists; and
	204	+	41 (4) include:
	205	+	42 (A) the full legal description of the property; and
	206	+	ES 412—LS 7393/DI 55 4
	207	+	1 (B) the most current name of the owner of the property as
	208	+	2 shown in the records of the auditor of the county where the
	209	+	3 property is located.
	210	+	4 (d) When the violation or deficiency referred to in the notice of
	211	+	5 violation is resolved, the department shall file a release of the
	212	+	6 affidavit with the county recorder to remove the affidavit from the
	213	+	7 deed records of the county. The release filed under this subsection
	214	+	8 must:
	215	+	9 (1) include a reference to the affidavit; and
	216	+	10 (2) meet the recording requirements specified in
	217	+	11 IC 36-2-11-15 through IC 36-2-11-16.5.
	218	+	12 The department shall pay to the county recorder the fee charged
	219	+	13 for recording the release.
	220	+	14 (e) The presence of an affidavit recorded under this section in
	221	+	15 the deed records of the county in which the property referred to in
	222	+	16 the affidavit is located does not:
	223	+	17 (1) constitute a judgment lien against the property;
	224	+	18 (2) invalidate the conveyance, purchase, lease, or acquisition
	225	+	19 of the property; or
	226	+	20 (3) deprive the holder of title to the property of marketable
	227	+	21 record title (as defined in IC 32-20-2-2) for the purposes of
	228	+	22 IC 32-20.
	229	+	23 SECTION 7. IC 14-26-2-23, AS AMENDED BY P.L.195-2017,
	230	+	24 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	231	+	25 JULY 1, 2023]: Sec. 23. (a) Unless a person obtains a permit from the
	232	+	26 department under this section and conducts the activities according to
	233	+	27 the terms of the permit, a person may not conduct the following
	234	+	28 activities:
	235	+	29 (1) Over, along, or lakeward of the shoreline or water line of a
	236	+	30 public freshwater lake:
	237	+	31 (A) excavate;
	238	+	32 (B) place fill; or
	239	+	33 (C) place, modify, or repair a temporary or permanent
	240	+	34 structure.
	241	+	35 (2) Construct a wall whose lowest point would be:
	242	+	36 (A) below the elevation of the shoreline or water line; and
	243	+	37 (B) within ten (10) feet landward of the shoreline or water line,
	244	+	38 as measured perpendicularly from the shoreline or water line;
	245	+	39 of a public freshwater lake.
	246	+	40 (3) Change the water level, area, or depth of a public freshwater
	247	+	41 lake or the location of the shoreline or water line.
	248	+	42 (b) An application for a permit for an activity described in
	249	+	ES 412—LS 7393/DI 55 5
	250	+	1 subsection (a) must be accompanied by the following:
	251	+	2 (1) A nonrefundable minimum fee of one hundred dollars ($100).
	252	+	3 (2) A project plan that provides the department with sufficient
	253	+	4 information concerning the proposed excavation, fill, temporary
	254	+	5 structure, or permanent structure.
	255	+	6 (3) A written acknowledgment from the landowner that any
	256	+	7 additional water area created under the project plan is part of the
	257	+	8 public freshwater lake and is dedicated to the general public use
	258	+	9 with the public rights described in section 5 of this chapter.
	259	+	10 (c) The department may issue a permit after investigating the merits
	260	+	11 of the application. In determining the merits of the application, the
	261	+	12 department may consider any factor, including cumulative effects of
	262	+	13 the proposed activity upon the following:
	263	+	14 (1) The shoreline, water line, or bed of the public freshwater lake.
	264	+	15 (2) The fish, wildlife, or botanical resources.
	265	+	16 (3) The public rights described in section 5 of this chapter.
	266	+	17 (4) The management of watercraft operations under IC 14-15.
	267	+	18 (5) The interests of a landowner having property rights abutting
	268	+	19 the public freshwater lake or rights to access the public freshwater
	269	+	20 lake.
	270	+	21 (d) A contractor or agent of the landowner who engages in an
	271	+	22 activity described in subsection (a)(1), (a)(2), or (a)(3) must comply
	272	+	23 with the terms of a permit issued under this section.
	273	+	24 (e) The commission shall adopt rules under IC 4-22-2 to do the
	274	+	25 following:
	275	+	26 (1) Assist in the administration of this chapter.
	276	+	27 (2) Provide objective standards for issuing permits under this
	277	+	28 section, including standards for the configuration of piers, boat
	278	+	29 stations, platforms, and similar structures. The standards:
	279	+	30 (A) may provide for a common use if the standard is needed to
	280	+	31 accommodate the interests of landowners having:
	281	+	32 (i) property rights abutting the public freshwater lake; or
	282	+	33 (ii) rights to access the public freshwater lake; and
	283	+	34 (B) shall exempt any class of activities, from licensing,
	284	+	35 including the construction or placement of temporary
	285	+	36 structures, from licensing if the commission finds that the
	286	+	37 class is unlikely to pose more than a minimal potential for
	287	+	38 harm to the public rights described in section 5 of this chapter.
	288	+	39 (3) Establish a process under IC 4-21.5 for the mediation of
	289	+	40 disputes among persons with competing interests or between a
	290	+	41 person and the department. A rule adopted under this subsection
	291	+	42 must provide that:
	292	+	ES 412—LS 7393/DI 55 6
	293	+	1 (A) if good faith mediation under the process fails to achieve
	294	+	2 a settlement, the department shall make a determination of the
	295	+	3 dispute; and
	296	+	4 (B) a person affected by the determination of the department
	297	+	5 may seek administrative review by the commission.
	298	+	6 (4) (3) Subject to IC 14-10-2-1, set the permit application fee at
	299	+	7 or above the minimum fee established in subsection (b).
	300	+	8 (f) After:
	301	+	9 (1) a final agency action in a mediation under subsection (e)(3)
	302	+	10 that makes a determination of a dispute among persons with
	303	+	11 competing riparian interests; and
	304	+	12 (2) the completion of judicial review or the expiration of the
	305	+	13 opportunity for judicial review;
	306	+	14 a party to the dispute may seek enforcement of the determination in a
	307	+	15 civil proceeding. The remedy provided under this subsection is
	308	+	16 supplemental to any other legal remedy of the party.
	309	+	17 SECTION 8. IC 14-28-1-19.5 IS REPEALED [EFFECTIVE JULY
	310	+	18 1, 2023]. Sec. 19.5. For purposes of this chapter, property owners may
	311	+	19 jointly apply for a permit.
	312	+	20 SECTION 9. IC 14-28-1-22, AS AMENDED BY P.L.141-2022,
	313	+	21 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	314	+	22 JULY 1, 2023]: Sec. 22. (a) As used in subsection (b)(1) with respect
	315	+	23 to a stream, "total length" means the length of the stream, expressed in
	316	+	24 miles, from the confluence of the stream with the receiving stream to
	317	+	25 the upstream or headward extremity of the stream, as indicated by the
	318	+	26 solid or dashed, blue or purple line depicting the stream on the most
	319	+	27 current edition of the seven and one-half (7 1/2) minute topographic
	320	+	28 quadrangle map published by the United States Geological Survey,
	321	+	29 measured along the meanders of the stream as depicted on the map.
	322	+	30 (b) This section does not apply to the following:
	323	+	31 (1) A reconstruction or maintenance project (as defined in
	324	+	32 IC 36-9-27) on a stream or an open regulated drain if the total
	325	+	33 length of the stream or open drain is not more than ten (10) miles.
	326	+	34 (2) A construction or reconstruction project on a state or county
	327	+	35 highway bridge in a rural area that crosses a stream having an
	328	+	36 upstream drainage area of not more than fifty (50) square miles
	329	+	37 and the relocation of utility lines associated with the construction
	330	+	38 or reconstruction project if confined to an area not more than one
	331	+	39 hundred (100) feet from the limits of the highway construction
	332	+	40 right-of-way.
	333	+	41 (3) The performance of an activity described in subsection (c)(1)
	334	+	42 or (c)(2) by a surface coal mining operation that is operated under
	335	+	ES 412—LS 7393/DI 55 7
	336	+	1 a permit issued under IC 14-34.
	337	+	2 (4) Any other activity that is determined by the commission,
	338	+	3 according to rules adopted under IC 4-22-2, to pose not more than
	339	+	4 a minimal threat to floodway areas.
	340	+	5 (5) An activity in a boundary river floodway to which section 26.5
	341	+	6 of this chapter applies.
	342	+	7 (6) The removal of a logjam or mass of wood debris that has
	343	+	8 accumulated in a river or stream, subject to the following
	344	+	9 conditions:
	345	+	10 (A) Work must not be within a salmonid stream designated
	346	+	11 under 327 IAC 2-1.5-5 without the prior written approval of
	347	+	12 the department's division of fish and wildlife.
	348	+	13 (B) Work must not be within a natural, scenic, or recreational
	349	+	14 river or stream designated under 312 IAC 7-2.
	350	+	15 (C) Except as otherwise provided in Indiana law, free logs or
	351	+	16 affixed logs that are crossways in the channel must be cut,
	352	+	17 relocated, and removed from the floodplain. Logs may be
	353	+	18 maintained in the floodplain if properly anchored or otherwise
	354	+	19 secured so as to resist flotation or dislodging by the flow of
	355	+	20 water and placement in an area that is not a wetland. Logs
	356	+	21 must be removed and secured with a minimum of damage to
	357	+	22 vegetation.
	358	+	23 (D) Isolated or single logs that are embedded, lodged, or
	359	+	24 rooted in the channel, and that do not span the channel or
	360	+	25 cause flow problems, must not be removed unless the logs are
	361	+	26 either of the following:
	362	+	27 (i) Associated with or in close proximity to larger
	363	+	28 obstructions.
	364	+	29 (ii) Posing a hazard to agriculture, business, navigation, or
	365	+	30 property.
	366	+	31 (E) A leaning or severely damaged tree that is in immediate
	367	+	32 danger of falling into the waterway may be cut and removed.
	368	+	33 The root system and stump of the tree must be left in place.
	369	+	34 (F) To the extent practicable, the construction of access roads
	370	+	35 must be minimized, and should not result in the elevation of
	371	+	36 the floodplain.
	372	+	37 (G) To the extent practicable, work should be performed
	373	+	38 exclusively from one (1) side of a waterway. Crossing the bed
	374	+	39 of a waterway is prohibited.
	375	+	40 (H) To prevent the flow of sediment laden water back into the
	376	+	41 waterway, appropriate sediment control measures must be
	377	+	42 installed.
	378	+	ES 412—LS 7393/DI 55 8
	379	+	1 (I) Within fifteen (15) days, all bare and disturbed areas must
	380	+	2 be revegetated with a mixture of grasses and legumes. Tall
	381	+	3 fescue must not be used under this subdivision, except that low
	382	+	4 endophyte tall fescue may be used in the bottom of the
	383	+	5 waterway and on side slopes.
	384	+	6 (c) A person who desires to:
	385	+	7 (1) erect, make, use, or maintain a structure, an obstruction, a
	386	+	8 deposit, or an excavation; or
	387	+	9 (2) suffer or permit a structure, an obstruction, a deposit, or an
	388	+	10 excavation to be erected, made, used, or maintained;
	389	+	11 in or on a floodway must file with the director a verified written
	390	+	12 application for a permit. The permit application must be
	391	+	13 accompanied by a nonrefundable minimum fee of two hundred dollars
	392	+	14 ($200).
	393	+	15 (d) The A permit application for a permit filed under this section:
	394	+	16 (1) must set forth the material facts together with concerning the
	395	+	17 structure, obstruction, deposit, or excavation; and
	396	+	18 (2) must be accompanied by plans and specifications for the
	397	+	19 structure, obstruction, deposit, or excavation.
	398	+	20 (e) A person who files a permit application under this section
	399	+	21 must provide:
	400	+	22 (1) documentation of the person's ownership of the site where
	401	+	23 the proposed work will be performed; or
	402	+	24 (2) an affidavit from the owner of the site where the proposed
	403	+	25 work will be performed expressly authorizing the
	404	+	26 performance of the proposed work on that site.
	405	+	27 (f) A person who applies for a permit under this section may file
	406	+	28 an amendment to the person's permit application. The director
	407	+	29 may approve a permit application amendment filed under this
	408	+	30 subsection only if the permit, as amended by the amendment,
	409	+	31 would meet the requirements of this section.
	410	+	32 (g) Two (2) or more persons may jointly apply for a permit
	411	+	33 under this section.
	412	+	34 (e) (h) An applicant A person described in subsection (c) must
	413	+	35 receive a permit from the director for the work before beginning
	414	+	36 construction. The director shall issue a permit only if, in the opinion of
	415	+	37 the director, the applicant has clearly proven that the structure,
	416	+	38 obstruction, deposit, or excavation will not do any of the following:
	417	+	39 (1) Adversely affect the efficiency of or unduly restrict the
	418	+	40 capacity of the floodway.
	419	+	41 (2) Constitute an unreasonable hazard to the safety of life or
	420	+	42 property.
	421	+	ES 412—LS 7393/DI 55 9
	422	+	1 (3) Result in unreasonably detrimental effects upon fish, wildlife,
	423	+	2 or botanical resources.
	424	+	3 (f) (i) In deciding whether to issue a permit under this section, the
	425	+	4 director shall consider the cumulative effects of the structure,
	426	+	5 obstruction, deposit, or excavation. The director may incorporate in and
	427	+	6 make a part of an order of authorization conditions and restrictions that
	428	+	7 the director considers necessary for the purposes of this chapter.
	429	+	8 (g) (j) The following apply to a permit issued under this section:
	430	+	9 (1) Except as provided in subdivisions (2) and (3), a permit is
	431	+	10 valid for two (2) years after the date of issuance of the permit.
	432	+	11 (2) A permit issued to:
	433	+	12 (A) the Indiana department of transportation or a county
	434	+	13 highway department in connection with a construction
	435	+	14 project, if there is any federal funding for the project; or
	436	+	15 (B) an electric utility for the construction of a power
	437	+	16 generating facility;
	438	+	17 is valid for five (5) years from the date of issuance and of the
	439	+	18 permit.
	440	+	19 (3) is valid for the duration of a permitted project subject to
	441	+	20 periodic compliance evaluations for A permit issued to a
	442	+	21 quarrying or aggregate company for the excavation of industrial
	443	+	22 materials, including:
	444	+	23 (A) clay and shale;
	445	+	24 (B) crushed limestone and dolostone;
	446	+	25 (C) dimension limestone;
	447	+	26 (D) dimension sandstone;
	448	+	27 (E) gypsum;
	449	+	28 (F) peat;
	450	+	29 (G) construction sand and gravel; and
	451	+	30 (H) industrial sand;
	452	+	31 is valid for the duration of the permitted project, subject to
	453	+	32 periodic compliance evaluations.
	454	+	33 However, a permit issued under this section expires if construction is
	455	+	34 not commenced within two (2) years after the permit is issued. Except
	456	+	35 as provided under section 22.1 of this chapter, a permit that is active
	457	+	36 and was issued under subdivision (1) before July 1, 2014, is valid for
	458	+	37 two (2) years beginning July 2014, and a permit that is active and was
	459	+	38 issued under subdivision (2) before July 1, 2014, is valid for five (5)
	460	+	39 years beginning July 2014.
	461	+	40 (h) (k) The holder of a permit issued under subsection (g)(3) (j)(3)
	462	+	41 shall notify the commission of the completion of the permitted
	463	+	42 project within six (6) months of after completing the permitted
	464	+	ES 412—LS 7393/DI 55 10
	465	+	1 project.
	466	+	2 (i) (l) The following apply to the renewal of a permit issued under
	467	+	3 this section:
	468	+	4 (1) A permit to which subsection (g)(1) (j)(1) applies may be
	469	+	5 renewed one (1) time for a period not to exceed two (2) additional
	470	+	6 years. and
	471	+	7 (2) A permit to which subsection (g)(2) (j)(2) applies may be
	472	+	8 renewed one (1) time for a period not to exceed five (5) additional
	473	+	9 years.
	474	+	10 (j) (m) The director shall send a copy of each permit issued under
	475	+	11 this section to each river basin commission organized under:
	476	+	12 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
	477	+	13 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
	478	+	14 (before its repeal);
	479	+	15 that is affected.
	480	+	16 (k) (n) The permit holder shall post and maintain a permit issued
	481	+	17 under this section at the authorized site.
	482	+	18 (l) (o) For the purposes of this chapter, the lowest floor of a
	483	+	19 building, including a residence or abode, that is to be constructed or
	484	+	20 reconstructed in the one hundred (100) year floodplain of an area
	485	+	21 protected by a levee that is:
	486	+	22 (1) inspected; and
	487	+	23 (2) found to be in good or excellent condition;
	488	+	24 by the United States Army Corps of Engineers shall not be lower than
	489	+	25 the one hundred (100) year frequency flood elevation plus one (1) foot.
	490	+	26 SECTION 10. IC 14-28-1-22.1, AS ADDED BY P.L.21-2021,
	491	+	27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	492	+	28 JULY 1, 2023]: Sec. 22.1. (a) A permit issued under section 22(g)(1)
	493	+	29 22(j)(3) of this chapter on or before July 1, 2014, for a quarrying or
	494	+	30 aggregate company that is active for the excavation of industrial
	495	+	31 materials, including:
	496	+	32 (1) clay and shale;
	497	+	33 (2) crushed limestone and dolostone;
	498	+	34 (3) dimension limestone;
	499	+	35 (4) dimension sandstone;
	500	+	36 (5) gypsum;
	501	+	37 (6) peat;
	502	+	38 (7) construction sand and gravel; and
	503	+	39 (8) industrial sand;
	504	+	40 is valid for the duration of the permitted project subject to the permit
	505	+	41 conditions and periodic compliance evaluations.
	506	+	42 (b) The holder of a permit described in subsection (a) shall notify
	507	+	ES 412—LS 7393/DI 55 11
	508	+	1 the department not later than January 1, 2022, if the permitted project
	509	+	2 is still active. Failure to notify the department not later than January 1,
	510	+	3 2022, will cause the permit to expire.
	511	+	4 (c) (b) The holder of a permit described in subsection (a) is required
	512	+	5 to notify the department that the permitted project is complete not later
	513	+	6 than six (6) months after completing the permitted project.
	514	+	7 SECTION 11. IC 14-28-1-34, AS AMENDED BY P.L.21-2021,
	515	+	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	516	+	9 JULY 1, 2023]: Sec. 34. A person who knowingly fails to comply with
	517	+	10 section 22(k) 22(n) of this chapter commits a Class B infraction. Each
	518	+	11 day a person violates section 22(k) 22(n) of this chapter constitutes a
	519	+	12 separate infraction.
	520	+	13 SECTION 12. IC 14-28-3-4 IS AMENDED TO READ AS
	521	+	14 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) The commission
	522	+	15 may provide technical data and information and otherwise assist a
	523	+	16 county or municipality in the following:
	524	+	17 (1) The identification and delineation of all flood hazard areas
	525	+	18 within the jurisdiction of the county or municipality.
	526	+	19 (2) The preparation of all necessary ordinances, rules, and
	527	+	20 regulations.
	528	+	21 (b) The commission may cooperate with a state, regional, local, or
	529	+	22 federal board, commission, or agency in the preparation of necessary
	530	+	23 information or data.
	531	+	24 (c) In furtherance of the objectives of subsections (a) and (b), the
	532	+	25 commission shall hold a meeting at least once every five (5) years
	533	+	26 with officials of counties and municipalities to do the following:
	534	+	27 (1) Promote cooperation among the counties and
	535	+	28 municipalities participating in the National Flood Insurance
	536	+	29 Program managed by the Federal Emergency Management
	537	+	30 Agency.
	538	+	31 (2) Provide technical and data assistance to officials of
	539	+	32 counties and municipalities.
	540	+	33 (3) Conduct training for and provide communication and
	541	+	34 outreach to officials of counties and municipalities.
	542	+	35 (d) In addition to attending meetings held under subsection (c),
	543	+	36 officials of a county or municipality may voluntarily request to
	544	+	37 meet with the commission on a periodic basis that the officials
	545	+	38 consider appropriate to further the objectives of this chapter.
	546	+	39 SECTION 13. IC 14-28-3-5.1 IS ADDED TO THE INDIANA
	547	+	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
	548	+	41 [EFFECTIVE JULY 1, 2023]: Sec. 5.1. (a) Except as provided in
	549	+	42 subsection (c), a person must obtain a permit under this section to
	550	+	ES 412—LS 7393/DI 55 12
	551	+	1 erect, make, use, or maintain a structure, obstruction, deposit, or
	552	+	2 excavation in any place in a floodplain that is:
	553	+	3 (1) state owned property; or
	554	+	4 (2) state managed property.
	555	+	5 (b) To obtain a permit, a person described in subsection (a) must
	556	+	6 file with the director a verified written application for a permit.
	557	+	7 The application must include plans and specifications for the
	558	+	8 structure, obstruction, deposit, or excavation.
	559	+	9 (c) A separate permit is not required under this section for an
	560	+	10 activity for which a permit has been granted under IC 14-28-1.
	561	+	11 (d) Except as provided in subsection (e), the federal regulations
	562	+	12 that:
	563	+	13 (1) were adopted by the director of the Federal Emergency
	564	+	14 Management Agency to implement the National Flood
	565	+	15 Insurance Act (42 U.S.C. 4001 et seq.);
	566	+	16 (2) are published in 44 CFR 59 through 60; and
	567	+	17 (3) were in effect on January 1, 1997;
	568	+	18 are adopted as the criteria for determining whether an activity
	569	+	19 referred to in subsection (a) is allowed in Indiana.
	570	+	20 (e) If the activity referred to in subsection (a) is the proposed
	571	+	21 erection, making, use, or maintenance of a structure in any place
	572	+	22 in a floodplain that is:
	573	+	23 (1) state owned property; or
	574	+	24 (2) state managed property;
	575	+	25 the activity is not allowed unless the lowest floor of the structure is
	576	+	26 at least two (2) feet above the one hundred (100) year frequency
	577	+	27 flood elevation.
	578	+	28 SECTION 14. IC 14-28-3-6 IS AMENDED TO READ AS
	579	+	29 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) City, county, and
	580	+	30 state employees, agencies, boards, districts, and commissions may
	581	+	31 cooperate with and furnish information to the commission or a county
	582	+	32 or municipality for the purpose of implementing this chapter.
	583	+	33 (b) The commission shall review and timely respond to any
	584	+	34 request from a county or municipality to revise the delineation of
	585	+	35 a flood hazard area.
	586	+	36 SECTION 15. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
	587	+	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	588	+	38 1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
	589	+	39 set forth in IC 36-1-29.5-6.
	590	+	40 (b) After June 30, 2023, a unit may not issue a permit:
	591	+	41 (1) authorized by ordinance or resolution; and
	592	+	42 (2) for construction of a structure or other construction
	593	+	ES 412—LS 7393/DI 55 13
	594	+	1 activity in or near a floodplain;
	595	+	2 unless the unit complies with this section.
	596	+	3 (c) A person who applies to a local floodplain administrator for
	597	+	4 a permit authorizing a structure or construction activity in or near
	598	+	5 a floodplain may elect that:
	599	+	6 (1) the best available data as provided by the department; or
	600	+	7 (2) an engineering study provided by the applicant that is
	601	+	8 reviewed and approved according to the unit's ordinance for
	602	+	9 flood hazard areas;
	603	+	10 will be used by the local floodplain administrator when reviewing
	604	+	11 the person's permit application.
	605	+	12 (d) A local floodplain administrator shall not issue a permit
	606	+	13 authorizing a structure or construction activity in or near a
	607	+	14 floodplain if the permit's authorization will result in a unit
	608	+	15 violating its obligations to the National Flood Insurance Program.
	609	+	16 SECTION 16. IC 25-36.5-1-8, AS AMENDED BY P.L.141-2022,
	610	+	17 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	611	+	18 JULY 1, 2023]: Sec. 8. (a) The department may inspect the premises
	612	+	19 used by any timber buyer in the conduct of the timber buyer's business
	613	+	20 at any reasonable time and the books, accounts, records and papers of
	614	+	21 every such timber buyer shall at all times during business hours be
	615	+	22 subject to inspection by the department.
	616	+	23 (b) A timber buyer shall keep complete and accurate records and
	617	+	24 accounts for each transaction. The timber buyer shall retain records and
	618	+	25 accounts for not less than five (5) years after a transaction.
	619	+	26 (c) The information obtained under this section is exempt under
	620	+	27 IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
	621	+	28 information obtained under this section may be disclosed only as
	622	+	29 follows:
	623	+	30 (1) All of the information may be disclosed to the director or
	624	+	31 the director's designee.
	625	+	32 (2) If a timber buyer had transactions with a particular
	626	+	33 timber grower, information about those transactions may be
	627	+	34 disclosed or a to that timber grower.
	628	+	35 SECTION 17. IC 36-1-29-16, AS ADDED BY P.L.164-2020,
	629	+	36 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	630	+	37 JULY 1, 2023]: Sec. 16. (a) This section applies to an application for
	631	+	38 a seawall or revetment permit that is not an emergency permit.
	632	+	(b) Not later than thirty (30) 39 business days after a person submits a
	633	+	40 completed application and meets all required conditions for a seawall
	634	+	41 or revetment permit, a local governmental agency shall:
	635	+	42 (1) approve; or
	636	+	ES 412—LS 7393/DI 55 14
	637	+	1 (2) deny;
	638	+	2 the person's application for the permit.
	639	+	3 (c) If a local governmental agency does not approve or deny the
	640	+	4 seawall or revetment permit within thirty (30) business days, the
	641	+	5 permit is automatically approved and considered issued to the
	642	+	6 person.
	643	+	ES 412—LS 7393/DI 55 15
	644	+	COMMITTEE REPORT
	645	+	Madam President: The Senate Committee on Natural Resources, to
	646	+	which was referred Senate Bill No. 412, has had the same under
	647	+	consideration and begs leave to report the same back to the Senate with
	648	+	the recommendation that said bill be AMENDED as follows:
	649	+	Page 1, between lines 4 and 5, begin a new paragraph and insert:
	650	+	"SECTION 2. IC 14-8-2-302 IS AMENDED TO READ AS
	651	+	FOLLOWS [EFFECTIVE JANUARY 1, 2023 (RETROACTIVE)]:
	652	+	Sec. 302. "Waste" or "wasted" has the following meaning:
	653	+	(1) For purposes of IC 14-25-3, the meaning set forth in
	654	+	IC 14-25-3-2.
	655	+	(2) For purposes of IC 14-37, the term includes the following:
	656	+	(A) Locating, spacing, drilling, equipping, operating, or
	657	+	producing a well for oil and gas purposes drilled after March
	658	+	13, 1947, in any manner that:
	659	+	(i) reduces or tends to reduce the quantity of oil or gas
	660	+	ultimately to be recovered from any well in Indiana; or
	661	+	(ii) violates the spacing provisions adopted by the
	662	+	commission under IC 14-37.
	663	+	(B) Storing oil in earthen reservoirs except in an emergency to
	664	+	prevent the total loss of that oil.
	665	+	(C) Producing oil or gas in a manner that will cause water
	666	+	channeling or zoning.
	667	+	(D) Injecting fluids into a stratum or part of a stratum capable
	668	+	of producing oil or gas, except in accordance with the terms of
	669	+	a Class II well for which a permit is issued under IC 14-37.
	670	+	(E) Allowing water other than fresh water to flow from any
	671	+	producing horizon located in a producing pool, except in
	672	+	accordance with the terms of a permit issued under IC 14-37.
	673	+	(F) Allowing gas from a well that produces only gas to escape
	674	+	into the atmosphere, except as is necessary while making or
	675	+	changing connections, completing the well, or reconditioning
	676	+	the well.
	677	+	(3) For purposes of IC 14-37, the term does not include
	678	+	capturing and destroying coal bed methane for a commercial
	679	+	purpose, including the generation of carbon credits.".
	680	+	Page 2, line 14, after "exists." insert "When filing an affidavit for
	681	+	recording under this section, the division shall pay to the county
	682	+	recorder the fee charged for the recording of a document in the
	683	+	deed records of the county.".
	684	+	Page 9, between lines 25 and 26, begin a new paragraph and insert:
	685	+	ES 412—LS 7393/DI 55 16
	686	+	"SECTION 9. IC 14-28-3-4 IS AMENDED TO READ AS
401	687		FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) The commission
402	688		may provide technical data and information and otherwise assist a
403	689		county or municipality in the following:
404	690		(1) The identification and delineation of all flood hazard areas
405	691		within the jurisdiction of the county or municipality.
406	692		(2) The preparation of all necessary ordinances, rules, and
407	693		regulations.
408	694		(b) The commission may cooperate with a state, regional, local, or
409	695		federal board, commission, or agency in the preparation of necessary
410	696		information or data.
411	697		(c) In furtherance of the objectives of subsections (a) and (b), the
412	698		commission shall hold a meeting at least once every five (5) years
413	699		with officials of counties and municipalities to do the following:
414	700		(1) Promote cooperation among the counties and
415	701		municipalities participating in the National Flood Insurance
416	702		Program managed by the Federal Emergency Management
417	703		Agency.
418	704		(2) Provide technical and data assistance to officials of
419	705		counties and municipalities.
420	706		(3) Conduct training for and provide communication and
421	707		outreach to officials of counties and municipalities.
422	708		(d) In addition to attending meetings held under subsection (c),
423	709		officials of a county or municipality may voluntarily request to
424		-	SEA 412 — CC 1 11
425	710		meet with the commission on a periodic basis that the officials
426		-	consider appropriate to further the objectives of this chapter.
427		-	SECTION 12. IC 14-28-3-5.1 IS ADDED TO THE INDIANA
428		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
429		-	[EFFECTIVE JULY 1, 2023]: Sec. 5.1. (a) Except as provided in
430		-	subsection (c), a person must obtain a permit under this section to
431		-	erect, make, use, or maintain a structure, obstruction, deposit, or
432		-	excavation in any place in a floodplain that is:
433		-	(1) state owned property; or
434		-	(2) state managed property.
435		-	(b) To obtain a permit, a person described in subsection (a) must
436		-	file with the director a verified written application for a permit.
437		-	The application must include plans and specifications for the
438		-	structure, obstruction, deposit, or excavation.
439		-	(c) A separate permit is not required under this section for an
440		-	activity for which a permit has been granted under IC 14-28-1.
441		-	(d) Except as provided in subsection (e), the federal regulations
442		-	that:
443		-	(1) were adopted by the director of the Federal Emergency
444		-	Management Agency to implement the National Flood
445		-	Insurance Act (42 U.S.C. 4001 et seq.);
446		-	(2) are published in 44 CFR 59 through 60; and
447		-	(3) were in effect on January 1, 1997;
448		-	are adopted as the criteria for determining whether an activity
449		-	referred to in subsection (a) is allowed in Indiana.
450		-	(e) If the activity referred to in subsection (a) is the proposed
451		-	erection, making, use, or maintenance of a structure in any place
452		-	in a floodplain that is:
453		-	(1) state owned property; or
454		-	(2) state managed property;
455		-	the activity is not allowed unless the lowest floor of the structure is
456		-	at least two (2) feet above the one hundred (100) year frequency
457		-	flood elevation.
458		-	SECTION 13. IC 14-28-3-6 IS AMENDED TO READ AS
	711	+	consider appropriate to further the objectives of this chapter.".
	712	+	Page 10, between lines 14 and 15, begin a new paragraph and insert:
	713	+	"SECTION 11. IC 14-28-3-6 IS AMENDED TO READ AS
459	714		FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) City, county, and
460	715		state employees, agencies, boards, districts, and commissions may
461	716		cooperate with and furnish information to the commission or a county
462	717		or municipality for the purpose of implementing this chapter.
463	718		(b) The commission shall review and timely respond to any
464	719		request from a county or municipality to revise the delineation of
465	720		a flood hazard area.
466		-	SECTION 14. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
467		-	SEA 412 — CC 1 12
	721	+	SECTION 10. IC 15-16-10-13, AS AMENDED BY P.L.27-2015,
	722	+	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	723	+	JUNE 30, 2023]: Sec. 13. This chapter expires July 1, 2023. 2031.".
	724	+	Page 10, after line 33, begin a new paragraph and insert:
	725	+	"SECTION 12. An emergency is declared for this act.".
	726	+	Renumber all SECTIONS consecutively.
	727	+	and when so amended that said bill do pass.
	728	+	ES 412—LS 7393/DI 55 17
	729	+	(Reference is to SB 412 as introduced.)
	730	+	GLICK, Chairperson
	731	+	Committee Vote: Yeas 8, Nays 0.
	732	+	_____
	733	+	SENATE MOTION
	734	+	Madam President: I move that Senate Bill 412 be amended to read
	735	+	as follows:
	736	+	Page 1, delete lines 5 through 17.
	737	+	Page 2, delete lines 1 through 17.
	738	+	Page 11, delete lines 40 through 42.
	739	+	Page 12, delete line 20.
	740	+	Renumber all SECTIONS consecutively.
	741	+	(Reference is to SB 412 as printed February 22, 2023.)
	742	+	GLICK
	743	+	_____
	744	+	SENATE MOTION
	745	+	Madam President: I move that Senate Bill 412 be amended to read
	746	+	as follows:
	747	+	Page 11, between lines 39 and 40, begin a new paragraph and insert:
	748	+	"SECTION 13. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
468	749		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
469	750		1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
470	751		set forth in IC 36-1-29.5-6.
471	752		(b) After June 30, 2023, a unit may not issue a permit:
472	753		(1) authorized by ordinance or resolution; and
473	754		(2) for construction of a structure or other construction
474	755		activity in or near a floodplain;
475	756		unless the unit complies with this section.
476	757		(c) A person who applies to a local floodplain administrator for
477	758		a permit authorizing a structure or construction activity in or near
478	759		a floodplain may elect that:
479	760		(1) the best available data as provided by the department; or
480	761		(2) an engineering study provided by the applicant that is
481	762		reviewed and approved according to the unit's ordinance for
	763	+	ES 412—LS 7393/DI 55 18
482	764		flood hazard areas;
483	765		will be used by the local floodplain administrator when reviewing
484	766		the person's permit application.
485	767		(d) A local floodplain administrator shall not issue a permit
486	768		authorizing a structure or construction activity in or near a
487	769		floodplain if the permit's authorization will result in a unit
488		-	violating its obligations to the National Flood Insurance Program.
489		-	SECTION 15. IC 25-36.5-1-8, AS AMENDED BY P.L.141-2022,
490		-	SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
491		-	JULY 1, 2023]: Sec. 8. (a) The department may inspect the premises
492		-	used by any timber buyer in the conduct of the timber buyer's business
493		-	at any reasonable time and the books, accounts, records and papers of
494		-	every such timber buyer shall at all times during business hours be
495		-	subject to inspection by the department.
496		-	(b) A timber buyer shall keep complete and accurate records and
497		-	accounts for each transaction. The timber buyer shall retain records and
498		-	accounts for not less than five (5) years after a transaction.
499		-	(c) The information obtained under this section is exempt under
500		-	IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
501		-	information obtained under this section may be disclosed only as
502		-	follows:
503		-	(1) All of the information may be disclosed to the director or
504		-	the director's designee.
505		-	(2) If a timber buyer had transactions with a particular
506		-	timber grower, information about those transactions may be
507		-	disclosed or a to that timber grower.
508		-	SECTION 16. IC 36-1-29-16, AS ADDED BY P.L.164-2020,
	770	+	violating its obligations to the National Flood Insurance Program.".
	771	+	Renumber all SECTIONS consecutively.
	772	+	(Reference is to SB 412 as printed February 22, 2023.)
	773	+	PERFECT
	774	+	_____
	775	+	COMMITTEE REPORT
	776	+	Mr. Speaker: Your Committee on Natural Resources, to which was
	777	+	referred Senate Bill 412, has had the same under consideration and
	778	+	begs leave to report the same back to the House with the
	779	+	recommendation that said bill be amended as follows:
	780	+	Page 1, between lines 4 and 5, begin a new paragraph and insert:
	781	+	"SECTION 2. IC 14-8-2-302 IS AMENDED TO READ AS
	782	+	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 302. "Waste" or
	783	+	"wasted" has the following meaning:
	784	+	(1) For purposes of IC 14-25-3, the meaning set forth in
	785	+	IC 14-25-3-2.
	786	+	(2) For purposes of IC 14-37, the term includes the following:
	787	+	(A) Locating, spacing, drilling, equipping, operating, or
	788	+	producing a well for oil and gas purposes drilled after March
	789	+	13, 1947, in any manner that:
	790	+	(i) reduces or tends to reduce the quantity of oil or gas
	791	+	ultimately to be recovered from any well in Indiana; or
	792	+	(ii) violates the spacing provisions adopted by the
	793	+	commission under IC 14-37.
	794	+	(B) Storing oil in earthen reservoirs except in an emergency to
	795	+	prevent the total loss of that oil.
	796	+	(C) Producing oil or gas in a manner that will cause water
	797	+	channeling or zoning.
	798	+	(D) Injecting fluids into a stratum or part of a stratum capable
	799	+	of producing oil or gas, except in accordance with the terms of
	800	+	a Class II well for which a permit is issued under IC 14-37.
	801	+	ES 412—LS 7393/DI 55 19
	802	+	(E) Allowing water other than fresh water to flow from any
	803	+	producing horizon located in a producing pool, except in
	804	+	accordance with the terms of a permit issued under IC 14-37.
	805	+	(F) Allowing gas from a well that produces only gas to escape
	806	+	into the atmosphere, except as is necessary while making or
	807	+	changing connections, completing the well, or reconditioning
	808	+	the well.
	809	+	(3) For purposes of IC 14-37, the term does not include
	810	+	capturing and destroying coal bed methane for a commercial
	811	+	purpose, including the generation of carbon credits.
	812	+	SECTION 3. IC 14-11-1-10 IS ADDED TO THE INDIANA CODE
	813	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	814	+	1, 2023]: Sec. 10. The department shall coordinate with local
	815	+	governmental agencies (as defined in IC 36-7-4-1109(a)) for
	816	+	purposes of the permit process described in IC 36-1-29-16.
	817	+	SECTION 4. IC 14-13-2-15 IS AMENDED TO READ AS
	818	+	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 15. (a) In establishing
	819	+	and developing projects, the commission may:
	820	+	(1) construct, reconstruct, establish, build, repair, remodel,
	821	+	enlarge, extend, or add to facilities, betterments, and
	822	+	improvements; and
	823	+	(2) clear and prepare any site for construction;
	824	+	that the commission considers appropriate in furtherance of the
	825	+	purposes of this chapter.
	826	+	(b) Subject only to the authority of the United States Army
	827	+	Corps of Engineers, the commission may:
	828	+	(1) remove sediments and flood-causing debris; and
	829	+	(2) make bank improvements;
	830	+	within the geographic area described in section 6 of this chapter,
	831	+	giving priority to the removal of sediments and flood-causing
	832	+	debris.".
	833	+	Page 1, delete lines 14 through 17, begin a new paragraph and
	834	+	insert:
	835	+	"SECTION 5. IC 14-25.5-2-7 IS ADDED TO THE INDIANA
	836	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	837	+	[EFFECTIVE JULY 1, 2023]: Sec. 7. (a) Subsection (b) applies if a
	838	+	person was issued a notice of violation under IC 14-27-7.5-11 for
	839	+	a structure that is classified by the department as a high hazard
	840	+	structure under the hazard classification system in
	841	+	IC 14-27-7.5-8(b)(1) and:
	842	+	(1) the person:
	843	+	(A) has exhausted all available administrative remedies
	844	+	ES 412—LS 7393/DI 55 20
	845	+	relating to the violation; and
	846	+	(B) did not initiate judicial review of the department's
	847	+	enforcement action under IC 4-21.5-5 within the period
	848	+	allowed by IC 4-21.5-5-5;
	849	+	(2) the person has initiated judicial review of the department's
	850	+	enforcement action under IC 4-21.5-5 but the court did not set
	851	+	aside the enforcement action; or
	852	+	(3) the person has entered into a settlement agreement with
	853	+	the department concerning the violation.".
	854	+	Page 2, delete lines 1 through 11.
	855	+	Page 2, delete lines 18 through 38, begin a new paragraph and
	856	+	insert:
	857	+	"(c) An affidavit filed under this section must:
	858	+	(1) include a sworn statement that a violation or deficiency
	859	+	exists on the property that is the subject of the notice of
	860	+	violation;
	861	+	(2) be recorded by the county recorder in the deed records of
	862	+	the county in accordance with IC 36-2-7-10 and
	863	+	IC 36-2-11-16.5;
	864	+	(3) be designed and worded so as to provide notice to the
	865	+	public, including any contractor or other person that intends
	866	+	to perform construction work on the property on which the
	867	+	violation or deficiency referred to in the notice of violation
	868	+	exists; and
	869	+	(4) include:
	870	+	(A) the full legal description of the property; and
	871	+	(B) the most current name of the owner of the property as
	872	+	shown in the records of the auditor of the county where the
	873	+	property is located.
	874	+	(d) When the violation or deficiency referred to in the notice of
	875	+	violation is resolved, the department shall file a release of the
	876	+	affidavit with the county recorder to remove the affidavit from the
	877	+	deed records of the county. The release filed under this subsection
	878	+	must:
	879	+	(1) include a reference to the affidavit; and
	880	+	(2) meet the recording requirements specified in
	881	+	IC 36-2-11-15 through IC 36-2-11-16.5.
	882	+	The department shall pay to the county recorder the fee charged
	883	+	for recording the release.
	884	+	(e) The presence of an affidavit recorded under this section in
	885	+	the deed records of the county in which the property referred to in
	886	+	the affidavit is located does not:
	887	+	ES 412—LS 7393/DI 55 21
	888	+	(1) constitute a judgment lien against the property;
	889	+	(2) invalidate the conveyance, purchase, lease, or acquisition
	890	+	of the property; or
	891	+	(3) deprive the holder of title to the property of marketable
	892	+	record title (as defined in IC 32-20-2-2) for the purposes of
	893	+	IC 32-20.".
	894	+	Page 12, after line 8, begin a new paragraph and insert:
	895	+	"SECTION 18. IC 36-1-29-16, AS ADDED BY P.L.164-2020,
509	896		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
510		-	SEA 412 — CC 1 13
511	897		JULY 1, 2023]: Sec. 16. (a) This section applies to an application for
512	898		a seawall or revetment permit that is not an emergency permit.
513	899		(b) Not later than thirty (30) business days after a person submits a
514	900		completed application and meets all required conditions for a seawall
515	901		or revetment permit, a local governmental agency shall:
516	902		(1) approve; or
517	903		(2) deny;
518	904		the person's application for the permit.
519	905		(c) If a local governmental agency does not approve or deny the
520	906		seawall or revetment permit within thirty (30) business days, the
521	907		permit is automatically approved and considered issued to the
522		-	person.
523		-	~~SEA 412 — CC 1 President of the Senate~~
524		-	~~President Pro Tempore~~
525		-	~~Speaker of the House of Representatives~~
526		-	~~Governor of the State of Indiana~~
527		-	~~Date~~: ~~Time:~~
528		-	~~SEA~~ 412 ~~— CC 1~~
	908	+	person.".
	909	+	Renumber all SECTIONS consecutively.
	910	+	and when so amended that said bill do pass.
	911	+	(Reference is to SB 412 as reprinted February 24, 2023.)
	912	+	LINDAUER
	913	+	Committee Vote: yeas 9, nays 1.
	914	+	ES 412—LS 7393/DI 55