Sec. 8.2. (a) A person under this chapter may remove a low head dam that is an encroachment without a permit issued by the department under IC 14-28-1 or IC 14-29-1 if the following conditions are met: (1) The removal will not adversely affect the efficiency of or unduly restrict the capacity of the floodway, as provided by 312 IAC. (2) The removal will not constitute an unreasonable hazard to the safety of life or property, as provided by 312 IAC. (3) The removal will not result in unreasonable detrimental effects upon fish, wildlife, or botanical resources, as provided by 312 IAC. (4) Other conditions established by rule under IC 4-22-2 . (b) A person seeking to remove a low head dam under this section shall notify the department not later than thirty (30) days before beginning removal of the low head dam, and shall provide the following information: (1) The name, address, telephone number, and electronic mail address of the person. (2) A description of the proposed activity. (3) The location of the proposed activity, including appropriate mapping. (4) Evidence the proposed activity meets the requirements under subsection (a). (c) This section does not exempt a person from other federal, state, or local permitting requirements.
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