Ind. Code ch. 14-27-7.3

Ind. Code ch. 14-27-7.3
in effect

Ind. Code § 14-27-7.3-1 Applicability

Sec. 1. (a) This chapter does not apply to a dam that is regulated by the Federal Energy Regulatory Commission or owned by the Army Corps of Engineers. (b) For purposes of this chapter, the state does not assume ownership of or responsibility for a low head dam that is not listed on the roster under section 4 of this chapter as owned by the state. As added by P.L.104-2020, SEC.3. Amended by P.L.14-2025, SEC.1; P.L.23-2026, SEC.104.

Ind. Code § 14-27-7.3-2 "Low head dam"

Sec. 2. As used in this chapter, "low head dam" means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25) feet or less. The term does not include: (1) a dam with a downstream structure in place to dissipate the hydraulic energy of the water past the crest of the dam; or (2) ramped impoundments which drop at slopes of five percent (5%) or flatter. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-3 "Roster"

Sec. 3. As used in this chapter, "roster" refers to the roster of low head dams adopted under section 4 of this chapter. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-4 Duties of commission

Sec. 4. (a) Not later than July 1, 2021, the commission shall adopt a roster of low head dams located in the state that are capable of creating hazardous currents that pose safety issues to swimmers, waders, or boaters. The roster must be updated periodically. (b) The roster of low head dams must include the following information: (1) The location of the low head dam. (2) To the extent feasible, the name of each low head dam owner. If an owner cannot be identified, the roster must list the owner as unknown. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-5 Duties of department

Sec. 5. The department shall do the following: (1) Establish warning sign standards and requirements for low head dams that are on the roster. The department may reference standards or best practices established by the Federal Emergency Management Agency. (2) Provide information on low head dam safety. (3) Provide contact information for the department so that a low head dam owner can discuss options for low head dam removal or modification. (4) Not more than ninety (90) days after the commission adopts a roster, notify each identified owner of a low head dam on the roster by certified mail of the requirements for a low head dam under this chapter. (5) Not more than ninety (90) days after the department receives information of a new owner of a low head dam on the roster, notify the new owner by certified mail of the requirements for a low head dam under this chapter. As added by P.L.104-2020, SEC.3. Amended by P.L.14-2025, SEC.2.

Ind. Code § 14-27-7.3-6 Duties of owner

Sec. 6. A person who owns a low head dam that is on the roster shall do the following: (1) Except as provided in section 7 of this chapter, comply with the warning standards established by the department under section 5(1) of this chapter. (2) Inform the department of any change of ownership of the low head dam not more than thirty (30) days after the change. (3) Except for a low head dam owned by the state or a political subdivision, obtain and maintain proof of financial responsibility for the low head dam in the form of: (A) a bond for not less than one million dollars ($1,000,000); or (B) general liability insurance, with a general aggregate limit of not less than one million dollars ($1,000,000); to cover claims from injuries and death that the low head dam may cause, and before July 1 of each year provide the department with proof of insurance or bond. As added by P.L.104-2020, SEC.3. Amended by P.L.14-2025, SEC.3.

Ind. Code § 14-27-7.3-7 Exemption for certain owners

Sec. 7. A person who owns at least two (2) low head dams is exempted from the requirements under section 6(1) of this chapter if: (1) that person has previously installed warning signs in coordination with the department; and (2) that person maintains and repairs the signs that exist. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-8 Damage or breach; duty to notify; inspections; right of entry upon premises

Sec. 8. (a) The owner of a low head dam that is on the roster and that has been damaged or breached shall notify the department within four (4) business days of becoming aware of the damage or breach. (b) The department and the department's agents, engineers, geologists, and other employees may, for purposes of conducting an assessment of the low head dam that has been reported as damaged or breached, enter upon any land or water in Indiana without liability for trespass. The owner of the low head dam shall do the following: (1) Cooperate with the department and the department's agents, engineers, geologists, and other employees in the conduct of the assessment. (2) Facilitate access to the low head dam. (c) After the low head dam has been assessed under subsection (b), the department shall provide a written report to each owner of the low head dam. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-8.1 Public policy

Sec. 8.1. (a) It is the public policy of the state that low head dams are a threat to: (1) public safety; (2) stream ecological processes; and (3) navigability. (b) It is in the public interest to remove low head dams that are an encroachment on navigable waterways to: (1) promote public safety for recreational use and enjoyment of the public trust; (2) avoid adverse effects to fish, wildlife, and botanical resources; and (3) not impair the navigability of a waterway. (c) A low head dam located on a navigable waterway is an encroachment subject to removal under section 8.2 of this chapter unless it is: (1) owned and operated by a public utility (as defined by IC 8-1-2-1(a)) or a municipally owned utility (as defined by IC 8-1-2-1(h)); or (2) owned, managed, or operated by the department. As added by P.L.14-2025, SEC.4.

Ind. Code § 14-27-7.3-8.2 Removal; notice to department

Sec. 8.2. (a) A person under this chapter may remove a low head dam that is an encroachment without a permit issued by the department under IC 14-28-1 or IC 14-29-1 if the following conditions are met: (1) The removal will not adversely affect the efficiency of or unduly restrict the capacity of the floodway, as provided by 312 IAC. (2) The removal will not constitute an unreasonable hazard to the safety of life or property, as provided by 312 IAC. (3) The removal will not result in unreasonable detrimental effects upon fish, wildlife, or botanical resources, as provided by 312 IAC. (4) Other conditions established by rule under IC 4-22-2. (b) A person seeking to remove a low head dam under this section shall notify the department not later than thirty (30) days before beginning removal of the low head dam, and shall provide the following information: (1) The name, address, telephone number, and electronic mail address of the person. (2) A description of the proposed activity. (3) The location of the proposed activity, including appropriate mapping. (4) Evidence the proposed activity meets the requirements under subsection (a). (c) This section does not exempt a person from other federal, state, or local permitting requirements. As added by P.L.14-2025, SEC.5.

Ind. Code § 14-27-7.3-9 Prohibited acts

Sec. 9. (a) A person may not access a low head dam or wade, boat, swim, or access the waters within fifty (50) feet of the low head dam when warning signs are present. (b) Notwithstanding subsection (a), a person who is performing: (1) an assessment, inspection, or maintenance on or removal of a low head dam with the written permission of the owner; or (2) duties of the department; is exempt from this section. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-10 Title searches by department

Sec. 10. The department may use funds appropriated to the department to perform title searches to determine the owners of existing low head dams. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-11 Department immunity from liability

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. (b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-12 Adoption of rules

Sec. 12. The department shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.104-2020, SEC.3. Amended by P.L.14-2025, SEC.6.

Ind. Code § 14-27-7.3-13 Violations

Sec. 13. A person who violates this chapter commits a Class C infraction. As added by P.L.104-2020, SEC.3.

Ind. Code § 14-27-7.3-13.1 Expiration of permits issued by the director

Sec. 13.1. A permit issued by the director after January 1, 2021, for the removal of a low head dam does not expire until two (2) years after any: (1) local, state, or federal administrative or judicial appeals of that permit; or (2) other local, state, or federal permits required to implement that permit; have been finally adjudicated. As added by P.L.14-2025, SEC.7. Amended by P.L.23-2026, SEC.105.

Ind. Code § 14-27-7.3-14 Appeal of administrative decision or penalty

Sec. 14. A person may appeal an administrative decision or penalty assessed under this chapter under IC 4-21.5. As added by P.L.104-2020, SEC.3. Amended by P.L.92-2025, SEC.45.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026