Sec. 4. (a) The department shall make an engineering inspection of all levees, dikes, and floodwalls and appurtenant works: (1) at least one (1) time every three (3) years or at more frequent intervals if the exigencies of the case require; or (2) upon the written request of an affected person or agency. (b) The department shall place in the files of the department a report of each inspection conducted under subsection (a). (c) This chapter does not apply to the following: (1) A levee, dike, or floodwall that meets both of the following conditions: (A) Is under a single private ownership. (B) Provides protection only to land or other property under the single private ownership. (2) A dike, floodwall, or levee that is regulated under the federal Mine Safety and Health Act of 1977, unless the dike, floodwall, or levee is proposed to be retained as a permanent structure after bond release. [Pre-1995 Recodification Citation: 13-2-20-4 part.]
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