1. (a) This chapter does not apply to the following:

   1. (1) A structure that meets the following conditions:

      1. (A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife.
      2. (B) Has a drainage area above the dam of not more than one (1) square mile.
      3. (C) Does not exceed twenty (20) feet in height.
      4. (D) Does not impound a volume of more than one hundred
      5. (100) acre-feet of water.
   2. (2) A structure that is regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.
   3. (3) Except for a structure under subsection (b), a structure that is a low hazard dam or a significant hazard dam that meets only one

   4. (1) of the following conditions:

      1. (A) Has a drainage area above the dam of not more than one (1) square mile.
      2. (B) Does not exceed twenty (20) feet in height.
      3. (C) Does not impound a volume of more than one hundred
      4. (100) acre-feet of water.
2. (b) This chapter applies to a structure that is listed on the roster of low head dams provided in IC 14-27-7.3 .

As added by P.L.148-2002, SEC.15. Amended by P.L.129-2022, SEC.2.