CHAPTER 6. NATURAL, SCENIC, AND RECREATIONAL RIVER SYSTEM
IC 14-29-6
Chapter 6. Natural, Scenic, and Recreational River System
IC 14-29-6-1
"Adjacent land" defined
Sec. 1. As used in this chapter, "adjacent land" means the area of
land paralleling, but not necessarily contiguous to, a river needed to
preserve, protect, and manage the natural, scenic, or recreational
character of the river.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-2
"Recreational river" defined
Sec. 2. As used in this chapter, "recreational river" means a river
that does not have the characteristics necessary to qualify as a natural
or scenic river, but that still maintains scenic or recreational
characteristics of unusual and significant value.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-3
"River" defined
Sec. 3. As used in this chapter, "river" means any flowing body of
water and adjacent land or part of the body of water and adjacent
land.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-4
"Scenic river" defined
Sec. 4. As used in this chapter, "scenic river" means a river that:
(1) is free of impoundments;
(2) is accessible in several places; and
(3) has minimal pollution and shoreline developments.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-5
"System" defined
Sec. 5. As used in this chapter, "system" means the Indiana
natural, scenic, and recreational river system.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-6
Administration
Sec. 6. The department shall administer this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-7
Public policy
Sec. 7. As part of the continuing growth of the population and
development of the economy of Indiana, it is necessary and desirable
that rivers of unusual natural, scenic, or recreational significance be
set aside and preserved for the benefit of present and future
generations before the rivers have been destroyed. After rivers are
destroyed, the rivers cannot be wholly restored. It is essential to the
people of Indiana that the people retain the opportunities to maintain
close contact with the natural, scenic, and recreational rivers and to
benefit from the scientific, aesthetic, cultural, recreational, scenic,
and spiritual values the rivers possess. It is, therefore, the following
public policy of Indiana:
(1) That a natural, scenic, and recreational river system be
established and maintained.
(2) That such areas be designated, acquired, and preserved by
the state.
(3) That other agencies, organizations, and individuals, both
public and private, be encouraged to set aside adjacent land for
the common benefit of the people of present and future
generations.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-8
Selection of rivers for inclusion into system; "natural river"
defined
Sec. 8. (a) As used in this section, "natural river" means a river
that, free of impoundments, is generally unpolluted, undeveloped,
and inaccessible.
(b) The director may study and periodically submit to the
commission proposals for the inclusion of a section of a river into the
system that, in the director's judgment, falls within at least one (1) of
the following categories:
(1) Natural river.
(2) Scenic river.
(3) Recreational river.
(c) In recommending a river or section for inclusion in the system,
the director shall prepare a detailed report on the factors that, in the
director's judgment, make the river worthy of designation for
inclusion in the system. This report shall evaluate among other
categories the following:
(1) Length of segment.
(2) Condition of naturally occurring vegetation.
(3) Stream scenic view.
(4) Physical modification of stream course.
(5) Human developments along stream.
(6) Unique or special features of area.
(7) Water quality.
(8) Paralleling roads.
(9) Number of stream crossings.
(d) Specific criteria for each of these natural river, scenic river,
and recreational river categories shall be selected after having given
due consideration to the categories specified in subsection (c) and
any other categories that are considered to be important.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-9
Rules to designate rivers
Sec. 9. (a) Based upon the study and recommendations of the
director, the commission may adopt rules under IC 4-22-2 to
designate a river for inclusion into the system.
(b) Before adopting rules, the director shall do the following:
(1) Notify each adjoining or abutting landowner of the plans
and recommendations by registered mail.
(2) Conduct a public hearing in the county that contains the
largest section of the river being considered.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-10
Altering river classification
Sec. 10. In all planning for the use and development of water and
related land resources of rivers in the system, including the
construction of impoundments, diversions, realignments, riprap,
roadways, crossings, channelizations, locks, canals, or other uses that
change the character of a river or destroy the river's scenic values:
(1) full review and evaluation of the river as a scenic resource
shall be given; and
(2) the environmental impact of the proposed use and
development shall be determined as specified in IC 13-12-4;
before the commission approves plans for use and development.
As added by P.L.1-1995, SEC.22. Amended by P.L.1-1996, SEC.68.
IC 14-29-6-11
Nonapproval of use or development of water
Sec. 11. Use or development of water and related land resources
of rivers in the system may not be approved if in the judgment of the
commission the use or development may alter the original
classification of a river in the system.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-12
River system plan
Sec. 12. (a) The director shall prepare and maintain a plan for the
establishment, development, management, use, and administration of
rivers in the system. The river system plan shall be included and
becomes an integral part of the comprehensive state plans for water
management and outdoor recreation.
(b) When a river is proclaimed a part of the system, the river
becomes an administrative responsibility of the director. The director
shall take the necessary action in keeping with the policy of this
chapter to acquire, develop, maintain, and preserve the river and
authorized related land area in accordance with the director's powers
and duties with respect to parks, fish and wildlife areas, reservoirs,
forests, and miscellaneous areas. The director may seek assistance in
the development, operation, and maintenance of scenic rivers from
other governmental units and agencies.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-13
"Conservation easement", "land use easement", "scenic
easement", and "water use easement" defined; land acquisition
Sec. 13. (a) As used in this section, "conservation easement" has
the meaning set forth in IC 32-23-5-2.
(b) As used in this section, "land use easement" means the
granting of the right of the general public to use the adjacent land.
(c) As used in this section, "scenic easement" means the granting
of protection of adjacent land in the land's present state to preserve
the land's natural or scenic characteristics.
(d) As used in this section, "water use easement" means the
granting of the right of the general public to travel along or across all
water parts of the river.
(e) The director may do the following:
(1) Acquire on behalf of the state land in fee title or any other
interest in land, including the following:
(A) Water use easements.
(B) Scenic easements.
(C) Land use easements.
(2) Exercise the right of eminent domain on behalf of the state
to acquire the following:
(A) Conservation easements.
(B) Water use easements.
(f) Land or an interest in land may be acquired by purchase with
appropriated or donated money, exchanges, donations, or otherwise.
(g) The director may seek financial assistance for land acquisition
and for facility development of scenic rivers from the following:
(1) Federal and local governmental sources.
(2) Private groups and individuals.
As added by P.L.1-1995, SEC.22. Amended by P.L.2-2002, SEC.62.
IC 14-29-6-14
Easements encouraged
Sec. 14. Recognizing that most of the rivers recommended for
inclusion in the system may not be state owned, the general assembly
encourages riparian owners to grant easements to the director for the
purposes of this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-6-15
Expenditures
Sec. 15. The department may expend money that is:
(1) already appropriated for the purposes of this chapter; or
(2) periodically appropriated to the department from any fund
for the purpose of developing public recreation facilities.
As added by P.L.1-1995, SEC.22.