Indiana 2024 Regular Session

Indiana House Bill HB1402 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1402
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 14-26-2; IC 14-28.
7	7	Synopsis: Local government permits for shoreline structures. Amends
8	8	the law concerning public freshwater lakes to provide that a person
9	9	who intends to construct a boathouse or any other permanent structure
10	10	that has both walls and a roof over, along, or lakeward of the shoreline
11	11	or water line of a public freshwater lake must obtain a construction
12	12	permit from the local building department of the county or municipality
13	13	in which the construction would take place and need not obtain a
14	14	permit from the department of natural resources (department). Amends
15	15	the law concerning construction in floodways to provide that a person
16	16	who intends to construct a boathouse or any other permanent structure
17	17	that has both walls and a roof at the edge of a body of water in a
18	18	floodway must obtain a construction permit from the local building
19	19	department of the county or municipality in which the construction
20	20	would take place and need not obtain a permit from the department.
21	21	Effective: July 1, 2024.
22	22	Smaltz
23	23	January 11, 2024, read first time and referred to Committee on Natural Resources.
24	24	2024 IN 1402—LS 7012/DI 55 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1402
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	natural resources.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 14-26-2-23, AS AMENDED BY P.L.191-2023,
40	40	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2024]: Sec. 23. (a) Unless a person obtains a permit from the
42	42	4 department under this section and conducts the activities according to
43	43	5 the terms of the permit, a person may not conduct the following
44	44	6 activities:
45	45	7 (1) Over, along, or lakeward of the shoreline or water line of a
46	46	8 public freshwater lake:
47	47	9 (A) excavate;
48	48	10 (B) place fill; or
49	49	11 (C) place, modify, or repair a temporary or, subject to section
50	50	12 23.1 of this chapter, a permanent structure.
51	51	13 (2) Construct a wall whose lowest point would be:
52	52	14 (A) below the elevation of the shoreline or water line; and
53	53	15 (B) within ten (10) feet landward of the shoreline or water line,
54	54	16 as measured perpendicularly from the shoreline or water line;
55	55	17 of a public freshwater lake.
56	56	2024 IN 1402—LS 7012/DI 55 2
57	57	1 (3) Change the water level, area, or depth of a public freshwater
58	58	2 lake or the location of the shoreline or water line.
59	59	3 (b) An application for a permit for an activity described in
60	60	4 subsection (a) must be accompanied by the following:
61	61	5 (1) A nonrefundable minimum fee of one hundred dollars ($100).
62	62	6 (2) A project plan that provides the department with sufficient
63	63	7 information concerning the proposed excavation, fill, temporary
64	64	8 structure, or permanent structure.
65	65	9 (3) A written acknowledgment from the landowner that any
66	66	10 additional water area created under the project plan is part of the
67	67	11 public freshwater lake and is dedicated to the general public use
68	68	12 with the public rights described in section 5 of this chapter.
69	69	13 (c) The department may issue a permit after investigating the merits
70	70	14 of the application. In determining the merits of the application, the
71	71	15 department may consider any factor, including cumulative effects of
72	72	16 the proposed activity upon the following:
73	73	17 (1) The shoreline, water line, or bed of the public freshwater lake.
74	74	18 (2) The fish, wildlife, or botanical resources.
75	75	19 (3) The public rights described in section 5 of this chapter.
76	76	20 (4) The management of watercraft operations under IC 14-15.
77	77	21 (5) The interests of a landowner having property rights abutting
78	78	22 the public freshwater lake or rights to access the public freshwater
79	79	23 lake.
80	80	24 (d) A contractor or agent of the landowner who engages in an
81	81	25 activity described in subsection (a)(1), (a)(2), or (a)(3) must comply
82	82	26 with the terms of a permit issued under this section.
83	83	27 (e) The commission shall adopt rules under IC 4-22-2 to do the
84	84	28 following:
85	85	29 (1) Assist in the administration of this chapter.
86	86	30 (2) Provide objective standards for issuing permits under this
87	87	31 section, including standards for the configuration of piers, boat
88	88	32 stations, platforms, and similar structures. The standards:
89	89	33 (A) may provide for a common use if the standard is needed to
90	90	34 accommodate the interests of landowners having:
91	91	35 (i) property rights abutting the public freshwater lake; or
92	92	36 (ii) rights to access the public freshwater lake; and
93	93	37 (B) shall exempt any class of activities, including the
94	94	38 construction or placement of temporary structures, from
95	95	39 licensing if the commission finds that the class is unlikely to
96	96	40 pose more than a minimal potential for harm to the public
97	97	41 rights described in section 5 of this chapter.
98	98	42 (3) Subject to IC 14-10-2-1, set the permit application fee at or
99	99	2024 IN 1402—LS 7012/DI 55 3
100	100	1 above the minimum fee established in subsection (b).
101	101	2 SECTION 2. IC 14-26-2-23.1 IS ADDED TO THE INDIANA
102	102	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
103	103	4 [EFFECTIVE JULY 1, 2024]: Sec. 23.1. (a) As used in this section,
104	104	5 "boathouse" means a permanent structure that is:
105	105	6 (1) located at the edge of a public freshwater lake; and
106	106	7 (2) used for housing one (1) or more boats.
107	107	8 (b) As used in this section, "local building department" means,
108	108	9 in any county or municipality, the department, section, office, or
109	109	10 other entity through which the county or municipality carries out
110	110	11 its duty under IC 36-7-2-9(1) to require compliance with the code
111	111	12 of building laws and fire safety laws adopted in the rules of the fire
112	112	13 prevention and building safety commission under IC 22-13.
113	113	(c) As used in this section, "permanent structure" 14 means a
114	114	15 structure that cannot be installed or removed from the waters of
115	115	16 a public freshwater lake without the use of a crane, bulldozer,
116	116	17 backhoe, or similar heavy or large machinery.
117	117	18 (d) This section applies to the construction of:
118	118	19 (1) a boathouse; or
119	119	20 (2) any other permanent structure that has both walls and a
120	120	21 roof;
121	121	22 over, along, or lakeward of the shoreline or water line of a public
122	122	23 freshwater lake. However, this section does not apply to the
123	123	24 construction of a structure that would constitute a taking of the
124	124	25 lake bed of a public freshwater lake and thus violate the vested
125	125	26 right of the public set forth in section 5(c)(2) of this chapter.
126	126	27 (e) Before constructing a structure to which this section applies,
127	127	28 a person must obtain a construction permit from the local building
128	128	29 department of the county or municipality in which the construction
129	129	30 would take place.
130	130	31 (f) If the local building department of the county or municipality
131	131	32 in which the construction would take place issues a permit for the
132	132	33 construction, a permit from the department under section 23 of
133	133	34 this chapter is not needed. If the county or municipality in which
134	134	35 the construction would take place does not have a local building
135	135	36 department, a permit for the construction must be obtained from
136	136	37 the department under section 23 of this chapter.
137	137	38 SECTION 3. IC 14-28-1-21.9 IS ADDED TO THE INDIANA
138	138	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
139	139	40 [EFFECTIVE JULY 1, 2024]: Sec. 21.9. (a) As used in this section,
140	140	41 "boathouse" means a permanent structure that is:
141	141	42 (1) located at the edge of a body of water in a floodway; and
142	142	2024 IN 1402—LS 7012/DI 55 4
143	143	1 (2) used for housing one (1) or more boats.
144	144	2 (b) As used in this section, "local building department" means,
145	145	3 in any county or municipality, the department, section, office, or
146	146	4 other entity through which the county or municipality carries out
147	147	5 its duty under IC 36-7-2-9(1) to require compliance with the code
148	148	6 of building laws and fire safety laws adopted in the rules of the fire
149	149	7 prevention and building safety commission under IC 22-13.
150	150	(c) As used in this section, "permanent structure" 8 means a
151	151	9 structure that cannot be installed or removed from a body of water
152	152	10 in a floodway without the use of a crane, bulldozer, backhoe, or
153	153	11 similar heavy or large machinery.
154	154	12 (d) This section applies to the construction of:
155	155	13 (1) a boathouse; or
156	156	14 (2) any other permanent structure that has both walls and a
157	157	15 roof;
158	158	16 at the edge of a body of water in a floodway.
159	159	17 (e) Before constructing a structure to which this section applies,
160	160	18 a person must obtain a construction permit from the local building
161	161	19 department of the county or municipality in which the construction
162	162	20 would take place.
163	163	21 (f) If the local building department of the county or municipality
164	164	22 in which the construction would take place issues a permit for the
165	165	23 construction, a permit from the department under section 22 of
166	166	24 this chapter is not needed. If the county or municipality in which
167	167	25 the construction would take place does not have a local building
168	168	26 department, a permit for the construction must be obtained from
169	169	27 the department under section 22 of this chapter.
170	170	28 SECTION 4. IC 14-28-1-22, AS AMENDED BY P.L.191-2023,
171	171	29 SECTION 8, AND AS AMENDED BY P.L.247-2023, SECTION 6,
172	172	30 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
173	173	31 OF THE 2024 GENERAL ASSEMBLY, IS CORRECTED AND
174	174	32 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
175	175	33 Sec. 22. (a) As used in subsection (b)(1) with respect to a stream, "total
176	176	34 length" means the length of the stream, expressed in miles, from the
177	177	35 confluence of the stream with the receiving stream to the upstream or
178	178	36 headward extremity of the stream, as indicated by the solid or dashed,
179	179	37 blue or purple line depicting the stream on the most current edition of
180	180	38 the seven and one-half (7 1/2) minute topographic quadrangle map
181	181	39 published by the United States Geological Survey, measured along the
182	182	40 meanders of the stream as depicted on the map.
183	183	41 (b) This section does not apply to the following:
184	184	42 (1) A reconstruction or maintenance project (as defined in
185	185	2024 IN 1402—LS 7012/DI 55 5
186	186	1 IC 36-9-27) on a stream or an open regulated drain if the total
187	187	2 length of the stream or open drain is not more than ten (10) miles.
188	188	3 (2) A construction or reconstruction project on a state or county
189	189	4 highway bridge in a rural area that crosses a stream having an
190	190	5 upstream drainage area of not more than fifty (50) square miles
191	191	6 and the relocation of utility lines associated with the construction
192	192	7 or reconstruction project if confined to an area not more than one
193	193	8 hundred (100) feet from the limits of the highway construction
194	194	9 right-of-way.
195	195	10 (3) The performance of an activity described in subsection (c)(1)
196	196	11 or (c)(2) by a surface coal mining operation that is operated under
197	197	12 a permit issued under IC 14-34.
198	198	13 (4) Any other activity that is determined by the commission,
199	199	14 according to rules adopted under IC 4-22-2, to pose not more than
200	200	15 a minimal threat to floodway areas.
201	201	16 (5) An activity in a boundary river floodway to which section 26.5
202	202	17 of this chapter applies.
203	203	18 (6) The activities of a forestry operation that are:
204	204	19 (A) conducted in compliance with the Indiana Logging and
205	205	20 Forestry Best Management Practices Field Guide published
206	206	21 by the department of natural resources; and
207	207	22 (B) confined to a waterway that has a watershed not greater
208	208	23 than ten (10) square miles.
209	209	24 (6) (7) The removal of a logjam or mass of wood debris that has
210	210	25 accumulated in a river or stream, subject to the following
211	211	26 conditions:
212	212	27 (A) Work must not be within a salmonid stream designated
213	213	28 under 327 IAC 2-1.5-5 without the prior written approval of
214	214	29 the department's division of fish and wildlife.
215	215	30 (B) Work must not be within a natural, scenic, or recreational
216	216	31 river or stream designated under 312 IAC 7-2.
217	217	32 (C) Except as otherwise provided in Indiana law, free logs or
218	218	33 affixed logs that are crossways in the channel must be cut,
219	219	34 relocated, and removed from the floodplain. Logs may be
220	220	35 maintained in the floodplain if properly anchored or otherwise
221	221	36 secured so as to resist flotation or dislodging by the flow of
222	222	37 water and placement in an area that is not a wetland. Logs
223	223	38 must be removed and secured with a minimum of damage to
224	224	39 vegetation.
225	225	40 (D) Isolated or single logs that are embedded, lodged, or
226	226	41 rooted in the channel, and that do not span the channel or
227	227	42 cause flow problems, must not be removed unless the logs are
228	228	2024 IN 1402—LS 7012/DI 55 6
229	229	1 either of the following:
230	230	2 (i) Associated with or in close proximity to larger
231	231	3 obstructions.
232	232	4 (ii) Posing a hazard to agriculture, business, navigation, or
233	233	5 property.
234	234	6 (E) A leaning or severely damaged tree that is in immediate
235	235	7 danger of falling into the waterway may be cut and removed.
236	236	8 The root system and stump of the tree must be left in place.
237	237	9 (F) To the extent practicable, the construction of access roads
238	238	10 must be minimized, and should not result in the elevation of
239	239	11 the floodplain.
240	240	12 (G) To the extent practicable, work should be performed
241	241	13 exclusively from one (1) side of a waterway. Crossing the bed
242	242	14 of a waterway is prohibited.
243	243	15 (H) To prevent the flow of sediment laden water back into the
244	244	16 waterway, appropriate sediment control measures must be
245	245	17 installed.
246	246	18 (I) Within fifteen (15) days, all bare and disturbed areas must
247	247	19 be revegetated with a mixture of grasses and legumes. Tall
248	248	20 fescue must not be used under this subdivision, except that low
249	249	21 endophyte tall fescue may be used in the bottom of the
250	250	22 waterway and on side slopes.
251	251	23 (c) A person who desires to:
252	252	24 (1) erect, make, use, or maintain a structure, an obstruction, a
253	253	25 deposit, or an excavation; or
254	254	26 (2) suffer or permit a structure, an obstruction, a deposit, or an
255	255	27 excavation to be erected, made, used, or maintained;
256	256	28 in or on a floodway is required to obtain a permit from the
257	257	29 department and must file with the director a verified written
258	258	30 application for a the permit, except as provided in section 21.9 of this
259	259	31 chapter. The permit application must be accompanied by a
260	260	32 nonrefundable minimum fee of two hundred dollars ($200).
261	261	33 (d) The A permit application for a permit filed under this section:
262	262	34 (1) must set forth the material facts together with concerning the
263	263	35 structure, obstruction, deposit, or excavation; and
264	264	36 (2) must be accompanied by plans and specifications for the
265	265	37 structure, obstruction, deposit, or excavation.
266	266	38 (e) A person who files a permit application under this section must
267	267	39 provide:
268	268	40 (1) documentation of the person's ownership of the site where the
269	269	41 proposed work will be performed; or
270	270	42 (2) an affidavit from the owner of the site where the proposed
271	271	2024 IN 1402—LS 7012/DI 55 7
272	272	1 work will be performed expressly authorizing the performance of
273	273	2 the proposed work on that site.
274	274	3 (f) A person who applies for a permit under this section may file an
275	275	4 amendment to the person's permit application. The director may
276	276	5 approve a permit application amendment filed under this subsection
277	277	6 only if the permit, as amended by the amendment, would meet the
278	278	7 requirements of this section.
279	279	8 (g) Two (2) or more persons may jointly apply for a permit under
280	280	9 this section.
281	281	10 (e) (h) An applicant A person described in subsection (c) must
282	282	11 receive a permit from the director for the work before beginning
283	283	12 construction. The director shall issue a permit only if, in the opinion of
284	284	13 the director, the applicant has clearly proven that the structure,
285	285	14 obstruction, deposit, or excavation will not do any of the following:
286	286	15 (1) Adversely affect the efficiency of or unduly restrict the
287	287	16 capacity of the floodway.
288	288	17 (2) Constitute an unreasonable hazard to the safety of life or
289	289	18 property.
290	290	19 (3) Result in unreasonably detrimental effects upon fish, wildlife,
291	291	20 or botanical resources.
292	292	21 (f) (i) In deciding whether to issue a permit under this section, the
293	293	22 director shall consider the cumulative effects of the structure,
294	294	23 obstruction, deposit, or excavation. The director may incorporate in and
295	295	24 make a part of an order of authorization conditions and restrictions that
296	296	25 the director considers necessary for the purposes of this chapter.
297	297	26 (g) (j) The following apply to a permit issued under this section:
298	298	27 (1) Except as provided in subdivisions (2) and (3), a permit is
299	299	28 valid for two (2) years after the date of issuance of the permit.
300	300	29 (2) A permit issued to:
301	301	30 (A) the Indiana department of transportation or a county
302	302	31 highway department in connection with a construction project,
303	303	32 if there is any federal funding for the project; or
304	304	33 (B) an electric utility for the construction of a power
305	305	34 generating facility;
306	306	35 is valid for five (5) years from the date of issuance and of the
307	307	36 permit.
308	308	37 (3) is valid for the duration of a permitted project subject to
309	309	38 periodic compliance evaluations for A permit issued to a
310	310	39 quarrying or aggregate company for the excavation of industrial
311	311	40 materials, including:
312	312	41 (A) clay and shale;
313	313	42 (B) crushed limestone and dolostone;
314	314	2024 IN 1402—LS 7012/DI 55 8
315	315	1 (C) dimension limestone;
316	316	2 (D) dimension sandstone;
317	317	3 (E) gypsum;
318	318	4 (F) peat;
319	319	5 (G) construction sand and gravel; and
320	320	6 (H) industrial sand;
321	321	7 is valid for the duration of the permitted project, subject to
322	322	8 periodic compliance evaluations.
323	323	9 However, a permit issued under this section expires if construction is
324	324	10 not commenced within two (2) years after the permit is issued. Except
325	325	11 as provided under section 22.1 of this chapter, a permit that is active
326	326	12 and was issued under subdivision (1) before July 1, 2014, is valid for
327	327	13 two (2) years beginning July 2014, and a permit that is active and was
328	328	14 issued under subdivision (2) before July 1, 2014, is valid for five (5)
329	329	15 years beginning July 2014.
330	330	16 (h) (k) The holder of a permit issued under subsection (g)(3) (j)(3)
331	331	17 shall notify the commission of the completion of the permitted project
332	332	18 within six (6) months of after completing the permitted project.
333	333	19 (i) (l) The following apply to the renewal of a permit issued under
334	334	20 this section:
335	335	21 (1) A permit to which subsection (g)(1) (j)(1) applies may be
336	336	22 renewed one (1) time for a period not to exceed two (2) additional
337	337	23 years. and
338	338	24 (2) A permit to which subsection (g)(2) (j)(2) applies may be
339	339	25 renewed one (1) time for a period not to exceed five (5) additional
340	340	26 years.
341	341	27 (j) (m) The director shall send a copy of each permit issued under
342	342	28 this section to each river basin commission organized under:
343	343	29 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
344	344	30 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
345	345	31 (before its repeal);
346	346	32 that is affected.
347	347	33 (k) (n) The permit holder shall post and maintain a permit issued
348	348	34 under this section at the authorized site.
349	349	35 (l) (o) For the purposes of this chapter, the lowest floor of a
350	350	36 building, including a residence or abode, that is to be constructed or
351	351	37 reconstructed in the one hundred (100) year floodplain of an area
352	352	38 protected by a levee that is:
353	353	39 (1) inspected; and
354	354	40 (2) found to be in good or excellent condition;
355	355	41 by the United States Army Corps of Engineers shall not be lower than
356	356	42 the one hundred (100) year frequency flood elevation plus one (1) foot.
357	357	2024 IN 1402—LS 7012/DI 55 9
358	358	1 SECTION 5. IC 14-28-3-5 IS AMENDED TO READ AS
359	359	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided
360	360	3 in IC 14-28-1-21.9, a county or municipality may not issue a permit for
361	361	4 a structure, an obstruction, a deposit, or an excavation within a flood
362	362	5 hazard area or part of a flood hazard area that lies within a floodway
363	363	6 without the prior written approval of the commission as provided in
364	364	7 IC 14-28-1.
365	365	2024 IN 1402—LS 7012/DI 55