Bill Text: IN HB1232 | 2010 | Regular Session | Enrolled
Bill Title: Removal of logjams in floodways.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1232 Detail]
Download: Indiana-2010-HB1232-Enrolled.html
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AN ACT to amend the Indiana Code concerning natural and cultural resources.
(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 removal of a logjam or mass of wood debris that has
accumulated in a river or stream, subject to the following
conditions:
(A) Work must not be within a salmonid stream designated
under 327 IAC 2-1.5-5 without the prior written approval
of the department's division of fish and wildlife.
(B) Work must not be within a natural, scenic, or
recreational river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, free logs
or affixed logs that are crossways in the channel must be
cut, relocated, and removed from the floodplain. Logs may
be maintained in the floodplain if properly anchored or
otherwise secured so as to resist flotation or dislodging by
the flow of water and placement in an area that is not a
wetland. Logs must be removed and secured with a
minimum of damage to vegetation.
(D) Isolated or single logs that are embedded, lodged, or
rooted in the channel, and that do not span the channel or
cause flow problems, must not be removed unless the logs
are either of the following:
(i) Associated with or in close proximity to larger
obstructions.
(ii) Posing a hazard to navigation.
(E) A leaning or severely damaged tree that is in
immediate danger of falling into the waterway may be cut
and removed if the tree is associated with or in close
proximity to an obstruction. The root system and stump of
the tree must be left in place.
(F) To the extent practicable, the construction of access
roads must be minimized, and should not result in the
elevation of the floodplain.
(G) To the extent practicable, work should be performed
exclusively from one (1) side of a waterway. Crossing the
bed of a waterway is prohibited.
(H) To prevent the flow of sediment laden water back into
the waterway, appropriate sediment control measures
must be installed.
(I) Within fifteen (15) days, all bare and disturbed areas
must be revegetated with a mixture of grasses and legumes.
Tall fescue must not be used under this subdivision, except
that low endophyte tall fescue may be used in the bottom
of the waterway and on side slopes.
(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 two
hundred dollars ($200).
(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.
(j) For the purposes of this chapter, the lowest floor of a building,
including a residence or abode, that is to be constructed or
reconstructed in the one hundred (100) year floodplain of an area
protected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lower than
the one hundred (100) year frequency flood elevation plus one (1) foot.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
