Introduced Version






HOUSE BILL No. 1303

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-28-1.

Synopsis: Floodway excavation permits. Provides that a conservancy district may perform maintenance work on a drainage ditch that the conservancy district has maintained for the previous 10 years without having to obtain a permit from the director of the department of natural resources.

Effective: July 1, 2001.





Grubb, Mangus




    January 9, 2001, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1303



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-28-1-20; (01)IN1303.1.1. -->     SECTION 1. IC 14-28-1-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. A person may not do any of the following:
        (1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter.
        (2) Except as authorized under section sections 22(b)(6) and 26.5 of this chapter, erect, make, use, or maintain in or on any floodway, or suffer or permit the erection, making, use, or maintenance in or on any floodway, a structure, an obstruction, a deposit, or an excavation that will do any of the following:
            (A) Adversely affect the efficiency of or unduly restrict the capacity of the floodway.
            (B) By virtue of the nature, design, method of construction, state of maintenance, or physical condition do any of the following:
                (i) Constitute an unreasonable hazard to the safety of life or

property.
                (ii) Result in unreasonably detrimental effects upon the fish, wildlife, or botanical resources.
        (3) Reconstruct or allow or permit the reconstruction of an abode or a residence located in a floodway, except as authorized under sections 24, 25, and 26.5 of this chapter.

SOURCE: IC 14-28-1-22; (01)IN1303.1.2. -->     SECTION 2. IC 14-28-1-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) As used in subsection (b)(1) with respect to a stream, "total length" means the length of the stream, expressed in miles, from the confluence of the stream with the receiving stream to the upstream or headward extremity of the stream, as indicated by the solid or dashed, blue or purple line depicting the stream on the most current edition of the seven and one-half (7 1/2) minute topographic quadrangle map published by the United States Geological Survey, measured along the meanders of the stream as depicted on the map.
    (b) This section does not apply to the following:
        (1) A reconstruction or maintenance project (as defined in IC 36-9-27 ) on a stream or an open regulated drain if the total length of the stream or open drain is not more than ten (10) miles.
        (2) A construction or reconstruction project on a state or county highway bridge in a rural area that crosses a stream having an upstream drainage area of not more than fifty (50) square miles and the relocation of utility lines associated with the construction or reconstruction project if confined to an area not more than one hundred (100) feet from the limits of the highway construction right-of-way.
        (3) The performance of an activity described in subsection (c)(1) or (c)(2) by a surface coal mining operation that is operated under a permit issued under IC 14-34.
        (4) Any other activity that is determined by the commission, according to rules adopted under IC 4-22-2 , to pose not more than a minimal threat to floodway areas.
        (5) An activity in a boundary river floodway to which section 26.5 of this chapter applies.
         (6) The maintenance by a conservancy district established under IC 14-33 of a drainage ditch that has been in existence for more than ten (10) years, involving the removal of obstructions, deposits, or other materials that adversely affect the efficiency or restrict the capacity of the drainage ditch. For purposes of this subdivision, maintenance includes:
            (A) excavation;
            (B) the side-casting of excavated material;
            (C) the creation, clearance, and maintenance of ditch maintenance access ways; and
            (D) periodic maintenance described in IC 36-9-27-34 (c).

    (c) A person who desires to:
        (1) erect, make, use, or maintain a structure, an obstruction, a deposit, or an excavation; or
        (2) suffer or permit a structure, an obstruction, a deposit, or an excavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified written application for a permit accompanied by a nonrefundable fee of fifty dollars ($50).
    (d) The application for a permit must set forth the material facts together with plans and specifications for the structure, obstruction, deposit, or excavation.
    (e) An applicant must receive a permit from the director for the work before beginning construction. The director shall issue a permit only if in the opinion of the director the applicant has clearly proven that the structure, obstruction, deposit, or excavation will not do any of the following:
        (1) Adversely affect the efficiency of or unduly restrict the capacity of the floodway.
        (2) Constitute an unreasonable hazard to the safety of life or property.
        (3) Result in unreasonably detrimental effects upon fish, wildlife, or botanical resources.
    (f) In deciding whether to issue a permit under this section, the director shall consider the cumulative effects of the structure, obstruction, deposit, or excavation. The director may incorporate in and make a part of an order of authorization conditions and restrictions that the director considers necessary for the purposes of this chapter.
    (g) A permit issued under this section:
        (1) is void if construction is not commenced within two (2) years after the issuance of the permit; and
        (2) to:
            (A) the Indiana department of transportation or a county highway department if there is any federal funding for the project; or
            (B) an electric utility for the construction of a power generating facility;
        is valid for five (5) years from the date of issuance and remains valid indefinitely if construction is commenced within five (5)

years after the permit is issued.
    (h) The director shall send a copy of each permit issued under this section to each river basin commission organized under:
        (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
        (2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected.
    (i) The permit holder shall post and maintain a permit issued under this section at the authorized site.