Sec. 3. The department: (1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of levees, dikes, floodwalls, and appurtenant works in, on, or along the rivers and streams of Indiana; (2) shall exercise care to see that the dikes, floodwalls, levees, and appurtenances are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose; (3) may adopt rules under IC 4-22-2 for maintenance and operation that are necessary for the purposes of this chapter; and (4) may vary the standards for maintenance and operation, giving due consideration to the following: (A) The type and location of the dike, floodwall, levee, or appurtenance. (B) The hazards to which the dike, floodwall, levee, or appurtenance is or may be exposed. (C) The peril to life or property if the dike, floodwall, levee, or appurtenance fails to perform the structure's function. [Pre-1995 Recodification Citation: 13-2-20-3.]
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