1. (a) A property owner, the owner's representative, or an individual who resides downstream from a structure:

   1. (1) over which the department does not have jurisdiction under this chapter; and

   2. (2) that the property owner, the owner's representative, or the individual believes would cause a loss of life or serious damage to the person's home, industrial or commercial building, public utility, major highway, or railroad if the structure fails;

      may request in writing that the department declare the structure a high hazard structure.

2. (b) If the department receives a request under subsection (a), the department shall:

   1. (1) investigate the structure and the area downstream from the structure;
   2. (2) notify the owner of the structure that the structure is being investigated;
   3. (3) review written statements and technical documentation from any interested party; and
   4. (4) after considering the available information, determine whether or not the structure is a high hazard structure.

3. (c) The department shall issue a written notice of the department's determination under subsection (b) to:

   1. (1) the individual who requested the determination; and
   2. (2) the owner of the structure that is the subject of the request.

4. (d) Either:

   1. (1) the individual who requested a determination; or

   2. (2) the owner of the structure that is the subject of the request;

      may request an administrative adjudication under IC 4-21.5-3-6 within thirty (30) days after receipt of the written determination.

5. (e) If the department determines that a structure is a high hazard structure under subsection (b), the provisions of this chapter concerning high hazard structures apply to the structure.

As added by P.L.71-2004, SEC.16. Amended by P.L.129-2022, SEC.6; P.L.92-2025, SEC.46.