(a) A person under this chapter may remove a low head dam that is an encroachment without a permit issued by the department under IC 14-28-1 or IC 14-29-1 if the following conditions are met:
- (1) The removal will not adversely affect the efficiency of or unduly restrict the capacity of the floodway, as provided by 312 IAC.
- (2) The removal will not constitute an unreasonable hazard to the safety of life or property, as provided by 312 IAC.
- (3) The removal will not result in unreasonable detrimental effects upon fish, wildlife, or botanical resources, as provided by 312 IAC.
- (4) Other conditions established by rule under IC 4-22-2 .
(b) A person seeking to remove a low head dam under this section shall notify the department not later than thirty (30) days before beginning removal of the low head dam, and shall provide the following information:
- (1) The name, address, telephone number, and electronic mail address of the person.
- (2) A description of the proposed activity.
- (3) The location of the proposed activity, including appropriate mapping.
- (4) Evidence the proposed activity meets the requirements under subsection (a).
- (c) This section does not exempt a person from other federal, state, or local permitting requirements.
As added by P.L.14-2025, SEC.5.