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IC 14-29-1-2
Examination of waterway
Sec. 2. (a) On the filing of a petition under section 1 of this
chapter, the board of county commissioners shall have an
examination of the stream or watercourse made by a suitable person
to ascertain and report to the board of county commissioners the
following:
(1) The length of the stream or watercourse.
(2) How much of the stream or watercourse is capable of being
declared navigable.
(b) The board of county commissioners shall confirm the report
if the board is satisfied that the stream, if navigable, would be of
public utility. Upon confirmation the board shall declare the stream
navigable and have the report recorded in the records of the board,
as public highways are recorded.
As added by P.L.1-1995, SEC.22.
IC 14-29-1-3
Obstruction of waterway
Sec. 3. A person who obstructs a stream or watercourse declared
navigable is subject to the same penalties as a person who obstructs
a public highway. General Indiana law governing:
(1) public highways; and
(2) the laying out and working of public highways in all other
respects;
applies, as far as applicable, to the defining and working of navigable
watercourses.
As added by P.L.1-1995, SEC.22.
IC 14-29-1-4
Piers, wharves, or docks
Sec. 4. (a) Subject to subsection (b), a riparian owner of land in
Indiana bordering upon a navigable stream may do the following:
(1) Build and maintain:
(A) within the premises bordering on the stream; and
IC 14-29-1-5
Mills, dams, aqueducts, viaducts, bridges, or machinery on the
stream
Sec. 5. The declaration of a watercourse as navigable by a board
of county commissioners does not affect a mill, a dam, an aqueduct,
a viaduct, a bridge, or machinery on the stream, except if the mill,
dam, aqueduct, viaduct, bridge, or machinery has been abandoned for
at least twelve (12) months.
As added by P.L.1-1995, SEC.22.
IC 14-29-1-6
Removal of obstructions; money
Sec. 6. The board of county commissioners may use the money:
(1) that is appropriated from the county treasury; and
(2) as the board of county commissioners considers necessary;
to remove obstructions from streams that are declared navigable
under this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-1-7
Gates
Sec. 7. A person living on or owning property along a watercourse
that is navigable for boats of a large size may hang gates:
(1) at or near the top of the bank; and
(2) across a road leading down the bank and terminating at the
watercourse;
except within the limits of a city or town.
As added by P.L.1-1995, SEC.22.
IC 14-29-1-8
Permits
Sec. 8. (a) A person, other than a public or municipal water utility,
may not:
(1) place, fill, or erect a permanent structure in;
(2) remove water from; or
(3) remove material from;
a navigable waterway without a permit from the department.
(b) An application for a permit under this section must be made
in a manner prescribed by rule.