Ind. Admin. Code tit. 312, r. 10.5-3-2 – Reconsideration of hazard classification

Sec. 2. (a) This section establishes a process by which a dam owner or another affected person may request reconsideration of a determination of hazard classification made under section 1 of this rule.

(b) The dam owner or other affected person may submit any technical information or reports that were not previously available to the division.

(c) The dam owner's or other affected person's professional engineer may develop and submit a maximum breach inundation area and current damage evaluation assessing the downstream area affected by a dam breach.

(1) If the maximum breach inundation area and current damage evaluation predicts any of the following, the dam shall be classified as high hazard:
1. (A) Flood depths greater than one (1) foot in any occupied quarters.
2. (B) Loss of human life may occur.
3. (C) Interruption of service for more than one (1) day on any of the following:
  1. (i) A county road, state two-lane highway, or U.S. highway serving as the only access to a community.
  2. (ii) A multilane divided state or U.S. highway, including an interstate highway.
4. (D) Interruption of service for more than one (1) day on an operating railroad.
5. (E) Damage to any occupied quarters where the flow velocity at the building compromises the integrity of the structure for human occupation.
6. (F) Interruption of service to an interstate or intrastate, utility, power or communication line serving a town, community, or significant military and commercial facility, in which disruption of power and communication would adversely affect the economy, safety, and general well- being of the area for more than one (1) day.
(2) If the maximum breach inundation area and current damage evaluation predicts any of the following, the dam shall be classified as significant hazard:
1. (A) Interruption of service for not more than one (1) day on any of the following:
  1. (i) A county road, state two-lane highway, or U.S. highway serving as the only access to a community.
  2. (ii) A multilane divided state or U.S. highway, including an interstate highway.
2. (B) Interruption of service for not more than one (1) day on an operating railroad.
3. (C) Damage to any occupied quarters that would not render the structure unusable.
4. (D) Damage to important utilities where service would be interrupted for not more than one (1) day, but either of the following may occur:
  1. (i) Buried lines can be exposed by erosion.
  2. (ii) Towers, poles, and aboveground lines can be damaged by undermining or debris loading.
(3) If the maximum breach inundation area and current damage evaluation results predict none of the items in subdivision (1) or (2) and damage is limited to farm buildings, agricultural land, or local roads, the dam shall be classified as low hazard.

(Natural Resources Commission; 312 IAC 10.5-3-2; filed Jan 26, 2007, 10:45 a.m.: 20070221-IR-312060092FRA; readopted filed Sep 19, 2013, 10:13 a.m.: 20131016-IR-312130162RFA; readopted filed Jul 18, 2019, 8:57 a.m.: 20190814-IR- 312190291RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)