Ind. Code § 36-1-29-1 Application of chapter; location
Sec. 1. This chapter applies only in a county that is located along the shore of Lake Michigan.
As added by P.L.164-2020, SEC.64.
Ind. Code ch. 36-1-29
Ind. Code ch. 36-1-29
in effectInd. Code § 36-1-29-2 Application of chapter; not affected
Sec. 2. This chapter does not:
(1) affect the determination of the location of the ordinary high water mark; or
(2) interfere with or supersede state law, state administrative rules, or local ordinances concerning the issuance of permits for seawalls or revetments.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-3 "Emergency"
Sec. 3. As used in this chapter, "emergency" means a situation that:
(1) requires immediate action;
(2) is induced by weather or high lake levels; and
(3) either:
(A) creates the potential for imminent structural damage to private property in an area adjacent to Lake Michigan; or
(B) threatens or creates an imminent risk to the public health, welfare, or safety in areas adjacent to Lake Michigan.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-4 "Local authority"
Sec. 4. As used in this chapter, "local authority" has the meaning set forth in IC 36-7-4-1109.
As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.4.
Ind. Code § 36-1-29-5 "Ordinary high water mark"
Sec. 5. As used in this chapter, "ordinary high water mark" has the meaning set forth in IC 14-26-2.1-2.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-6 "Owner"
Sec. 6. As used in this chapter, "owner" means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-7 "Permit"
Sec. 7. As used in this chapter, "permit" has the meaning set forth in IC 36-7-4-1109.
As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.5.
Ind. Code § 36-1-29-8 "Private property"
Sec. 8. As used in this chapter, "private property" means real property that is not owned or leased by the state or a political subdivision.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-9 "Real property"
Sec. 9. As used in this chapter, "real property" includes any improvements to real property.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-10 Emergencies; repair or replacement of seawalls or revetments by owner of private property
Sec. 10. (a) An owner of private property who is subject to the jurisdiction of a local authority in a county subject to this chapter may:
(1) subject to applicable state laws and administrative rules, local ordinances, and section 11 of this chapter, in the case of an emergency, repair an existing seawall or revetment on the owner's private property; or
(2) subject to applicable state laws and administrative rules, local ordinances, and section 12 of this chapter, in the case of an emergency, construct a new seawall or revetment on the owner's private property;
whichever applies.
(b) For the purposes of this chapter, side seawalls on Lake Michigan are temporary structures and must be at least eighteen (18) inches from the private property line.
As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.6.
Ind. Code § 36-1-29-11 Repair of existing seawalls and revetments
Sec. 11. In accordance with applicable state laws, state administrative rules, and local ordinances, the repair of an existing seawall or revetment may include placing seawalls or revetments into the waters of Lake Michigan where the water is already coming into contact with those seawalls or revetments as long as the seawall or revetment repair is as close to the existing seawall or revetment as reasonably possible.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-12 Construction of new seawalls or revetments
Sec. 12. In accordance with applicable state laws, state administrative rules, and local ordinances, the owner of private property may construct a new seawall or revetment on the private property in a location in which the new seawall or revetment can reasonably be expected to provide protection to the property.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-13 Contiguous seawalls
Sec. 13. A seawall may be contiguous to another seawall if making one (1) or more seawalls contiguous does not interfere, obstruct, or otherwise inhibit the public's ability to use a public access point or easement that provides access to the shore of Lake Michigan and all parts of the seawall are on private property.
As added by P.L.164-2020, SEC.64.
Ind. Code § 36-1-29-14 Emergency seawall or revetment permit; application and approval
Sec. 14. Not later than ten (10) business days after a person submits a completed application for an emergency seawall or revetment permit and meets all required conditions, a local authority shall:
(1) approve; or
(2) deny;
the person's application for the emergency permit. If a local authority does not approve or deny the emergency seawall or revetment permit within ten (10) business days, the emergency permit is automatically approved and considered issued to the person.
As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.7.
Ind. Code § 36-1-29-15 Denial of emergency seawall or revetment permit by local authority; reapplication
Sec. 15. If a local authority denies the emergency seawall or revetment permit, the local authority shall provide the reasons for the denial in a single response to the person. A person may submit not more than one (1) completed reapplication for an emergency seawall or revetment permit that lists reasons why the local authority should approve the person's emergency permit. Not later than ten (10) business days after the person submits the completed reapplication, a local authority shall:
(1) approve; or
(2) deny;
the person's reapplication for the emergency permit. If a local authority does not approve or deny the person's reapplication for the emergency seawall or revetment permit within ten (10) business days, the emergency permit is automatically approved and considered issued to the person.
As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.8.
Ind. Code § 36-1-29-16 Application for seawall or revetment permit other than emergency permit; time frame for approval or denial by local authority
Sec. 16. (a) This section applies to an application for a seawall or revetment permit that is not an emergency permit.
(b) Not later than thirty (30) business days after a person submits a completed application and meets all required conditions for a seawall or revetment permit, a local authority shall:
(1) approve; or
(2) deny;
the person's application for the permit.
(c) If a local authority does not approve or deny the seawall or revetment permit within thirty (30) business days, the permit is automatically approved and considered issued to the person.
As added by P.L.164-2020, SEC.64. Amended by P.L.191-2023, SEC.16; P.L.202-2025, SEC.9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026