CHAPTER 5. CHANGE IN WATERCOURSES; HIGHWAY CONSTRUCTION
IC 14-29-5
Chapter 5. Change in Watercourses; Highway Construction
IC 14-29-5-1
Changing watercourses; permission of federal agency
Sec. 1. (a) The governing bodies or agencies of the state charged
with the duties of the construction, maintenance, and repair of public
highways may, to the extent money is available and subject to
subsection (b), do the following:
(1) Change the course of a stream, watercourse, or drainage
ditch.
(2) Restore to the original or former channel a stream,
watercourse, or drainage ditch if the stream, watercourse, or
drainage ditch has meandered from the original or former
course.
(3) The construction work that is necessary to protect the banks
or slopes of a stream, watercourse, or ditch to prevent wash,
caving, slides, or erosion if the water of the stream,
watercourse, or ditch is causing or threatening injury to, damage
to, or destruction of a public highway or bridge by erosion,
wash, slides, change of course, or overflow.
(4) Construct walls or levees for the purposes of subdivision (3)
if it is determined by an engineering survey that this method
would be more practicable or less expensive.
(5) Exercise the authority granted in this section to protect
public highways against injury, damage, or destruction caused
or threatened by landslides.
(b) If a navigable stream is under the jurisdiction of a federal
authority or an agency and the proposed work of the highway
officials under this section conflicts or interferes with the jurisdiction
of the federal agency, the consent or waiver of the federal agency
must be procured by the highway officials before the beginning of
the proposed work.
As added by P.L.1-1995, SEC.22.
IC 14-29-5-2
Costs and performance of work
Sec. 2. (a) If work under this chapter involves the protection of an
existing highway not under construction, the work shall be performed
and the costs paid under Indiana law governing the maintenance of
highways applicable to the public agency or authorities having
charge of the highway involved in the proposed work.
(b) If work under this chapter involves the construction or
reconstruction of a highway, the work shall be performed and the
costs paid under Indiana law governing construction of highways
applicable to the public agency or body having charge of the highway
involved in the proposed work.
(c) If it is necessary in the performance of work under this chapter
to procure a right-of-way or interests in land outside the limits of the
highway involved, the costs, if any, of the right-of-way or interests
in land shall be paid as follows:
(1) Out of the maintenance fund if the work constitutes
maintenance.
(2) Out of the construction fund if the work constitutes
construction.
As added by P.L.1-1995, SEC.22.
IC 14-29-5-3
Procuring land or property
Sec. 3. The governing or administrative bodies charged with the
control of highways may do the following:
(1) If it becomes necessary to procure rights-of-way or interests
in land or property outside the limits of a highway under section
2 of this chapter, procure the rights or interests by grant,
purchase, or voluntary donation.
(2) Exercise the power of eminent domain for any purpose
designated in this chapter under Indiana eminent domain law.
As added by P.L.1-1995, SEC.22.