1. (a) The department shall make an engineering inspection of all levees, dikes, and floodwalls and appurtenant works:

   1. (1) at least one (1) time every three (3) years or at more frequent intervals if the exigencies of the case require; or
   2. (2) upon the written request of an affected person or agency.
2. (b) The department shall place in the files of the department a report of each inspection conducted under subsection (a).

3. (c) This chapter does not apply to the following:

   1. (1) A levee, dike, or floodwall that meets both of the following conditions:

      1. (A) Is under a single private ownership.
      2. (B) Provides protection only to land or other property under the single private ownership.

   2. (2) A dike, floodwall, or levee that is regulated under the federal Mine Safety and Health Act of 1977, unless the dike, floodwall, or levee is proposed to be retained as a permanent structure after bond release.

      [Pre-1995 Recodification Citation: 13-2-20-4 part.]

As added by P.L.1-1995, SEC.20. Amended by P.L.75-1998, SEC.4; P.L.148-2002, SEC.9.