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.

As added by P.L.148-2002, SEC.15.