IC 14-27-7.3-8.1 — Public policy
Chapter 7.3. Low Head Dams
Section text
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.
Source: official publisher (2026 edition)