Section 14-26-2-16 - Applicability to water supply reservoirs(a) As used in this section, "water supply reservoir" means a body of water formed by a dam wholly owned and operated by a municipality or a public utility (as defined in IC 8-1-2-1) for the purpose of providing water utility service to the public. The term does not include the following:(1) Tributary streams that drain into the body of water.(2) Wetlands associated with those streams.(b) Notwithstanding any other law, the department may not regulate the following activities conducted within the one hundred (100) year flood level of a water supply reservoir:(1) Sediment removal, dredging for the purpose of providing water supply storage, seawall construction, or the maintenance of water intake structures.(2) Restoration or stabilization of the shoreline.(c) A person may perform an activity under subsection (b) without a permit issued by the department.(d) This section does not restrict the department's ability to regulate the safety or maintenance of a dam or other control structure under IC 14-27-7.5.Pre-1995 Recodification Citation: 13-2-11.1-15.
Amended by P.L. 164-2024,SEC. 11, eff. 7/1/2024.As added by P.L. 1-1995, SEC.19. Amended by P.L. 186-2003, SEC.71.