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IN HB1279
Bill
Status
5/5/2019
Primary Sponsor
David Wolkins
Click for details
AI Summary
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Reconstruction of earthen berms or levees in floodways requires either a DNR permit ($200 minimum fee) or, for rural structures built before January 1, 1973 (or later with a permit), submission of plans demonstrating reconstruction to original specifications including height, width, alignment, and materials.
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Reconstructed berms/levees must be certified by an Indiana-licensed land surveyor or professional engineer within 6 months of completion, and permits are valid for 2 years with one 2-year renewal option.
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DNR cannot require mitigation for tree/vegetation removal from levee structures originally built under qualified entities, and abandoned levee footprints can be credited toward mitigation for new levee construction in floodways.
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Violations of reconstruction requirements, permit conditions, or failure to post permits constitute Class B infractions, with each day of violation counting as a separate infraction.
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Conservancy district petition requirements increase effective January 1, 2020: districts up to 5,000 freeholds need 30% of freeholders; 5,001-25,000 freeholds need 15% (minimum 1,000 signatures); over 25,001 freeholds need 10% (minimum 3,000 signatures), plus petitioners must own at least 51% of the proposed district's assessed property value.
Legislative Description
Natural resources matters. Provides that a person may reconstruct an earthen berm or levee located in a floodway: (1) if the person obtains a permit from the department of natural resources (DNR); or (2) if the earthen berm or levee is located in a rural area, if it was constructed before January 1, 1973, or after December 31, 1972, pursuant to a construction permit issued by the DNR, and if the plans and specifications for the reconstruction demonstrate to the satisfaction of the DNR that the reconstruction will meet certain requirements. Makes the violation of certain prohibitions or requirements concerning the reconstruction of an earthen berm or levee a Class B infraction. Establishes new requirements concerning freeholders' signatures on a petition to establish a conservancy district, providing: (1) that for a proposed district of not more than 5,000 freeholds, 30% of the freeholders must sign the petition; that for a proposed district of more than 5,000 but not more than 25,000 freeholds, 15%, but not less than 1,000, of the freeholders must sign the petition; and that for a proposed district of more than 25,000 freeholds, 10%, but not less than 3,000, of the freeholders must sign the petition; and (2) that the freeholders signing a petition to establish a conservancy district must own at least 51% of the assessed valuation of the real property located within the boundaries of the proposed conservancy district. Provides that these new requirements do not apply to the establishment of a conservancy district pursuant to a petition filed with a clerk of the circuit court before January 1, 2020.
Last Action
Public Law 251
5/5/2019