A Guide to the Indiana Navigable Waterways Act Requirements, Process, and Compliance

The Indiana Navigable Waterways Act plays a crucial role in protecting the state's valuable water resources while guiding development activities along these vital waterways. This comprehensive guide provides a clear and concise overview of the Act's key provisions, regulatory standards, and compliance obligations, empowering stakeholders to navigate the complexities of the law with confidence. By exploring the Act's scope, permitting requirements, and enforcement mechanisms, readers will gain a deep understanding of how to manage projects in a manner that promotes environmental stewardship and regulatory compliance. The guide also highlights recent developments and offers valuable resources, ensuring that readers stay informed about the evolving regulatory landscape and are well-equipped to make sound decisions when planning and executing projects that intersect with Indiana's navigable waterways.

GENERAL INFORMATION

Key Details of the Indiana Navigable Waterways Act

Issuing Agency: Indiana Department of Natural Resources (IDNR)
Year Established: 1961[^1]
Last Amended: 2005[^2]
Statutory Authority: Indiana Code § 14-29-1, also known as the "Indiana Navigable Waterways Act"[^3]
Primary Legal Reference: Indiana Code Title 14, Article 29, Chapter 1[^3]

Overview of the Indiana Navigable Waterways Act

The Indiana Navigable Waterways Act is a state law that operates within the broader framework of Indiana's environmental regulations. It is administered and enforced by the Indiana Department of Natural Resources (IDNR). The act was first enacted in 1961 and was significantly amended in 2005.[^2]

The primary goal of the Indiana Navigable Waterways Act is to protect the state's navigable waterways and to ensure that these waterways remain accessible to the public for navigation, recreation, and other uses. The act achieves this by regulating activities that may impact navigable waterways, such as dredging, filling, and construction of structures.[^3]

The act applies to all navigable waterways within the state of Indiana, which are defined as those waterways that were navigable in fact at the time Indiana became a state in 1816.[^4] The IDNR is responsible for determining which waterways meet this definition and are therefore subject to the act's provisions.

What does the Indiana Navigable Waterways Act protect?

The Indiana Navigable Waterways Act protects the state's navigable waterways, which include rivers, streams, and lakes that were navigable in fact at the time Indiana became a state in 1816.[^4] The act aims to protect these waterways from activities that may impede navigation, harm water quality, or damage aquatic habitats.

The act achieves this protection by requiring permits for activities such as dredging, filling, and construction of structures in navigable waterways.[^5] These permits are issued by the IDNR and are designed to ensure that such activities do not have adverse impacts on the waterways or their associated resources.

[^2]: "Navigable Waterways," Indiana General Assembly, http://iga.in.gov/legislative/laws/2020/ic/titles/014#14-29-1. [^3]: Indiana Code Title 14, Article 29, Chapter 1, http://iga.in.gov/legislative/laws/2020/ic/titles/014#14-29-1. [^4]: Indiana Code § 14-29-1-2, http://iga.in.gov/legislative/laws/2020/ic/titles/014#14-29-1-2. [^5]: Indiana Code § 14-29-1-8, http://iga.in.gov/legislative/laws/2020/ic/titles/014#14-29-1-8.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Indiana Navigable Waterways Act, as outlined in Indiana Code 14-29-1, regulates activities that may impact the navigability and environmental health of Indiana's navigable waterways¹. This Act applies to individuals, businesses, and organizations undertaking projects or activities near or within these waterways.

Key regulated activities under the Indiana Navigable Waterways Act include:

1. Construction, excavation, or filling along navigable waterways
2. Placement of structures, such as piers, wharves, or bridges, in navigable waterways
3. Dredging or removal of materials from navigable waterways
4. Alteration of the bed or shoreline of navigable waterways

The Act prohibits the following activities without proper permitting and approval:

• Depositing or placing any material, such as soil, debris, or waste, in a navigable waterway or along its banks²
• Building or maintaining any structure that may obstruct navigation or water flow
• Excavating or removing materials from the bed or banks of a navigable waterway
• Causing or allowing the release of pollutants or contaminants into navigable waterways

These prohibitions aim to protect the navigability, water quality, and ecosystem health of Indiana's navigable waterways, ensuring they remain accessible for public use and enjoyment while minimizing environmental degradation³.

Structure and Key Provisions

The Indiana Navigable Waterways Act is structured into several key sections that outline definitions, prohibitions, permitting requirements, and enforcement provisions. The most important sections for stakeholders to understand include:

IC 14-29-1-2: Definition of "Navigable Waterway"

This section defines navigable waterways as any river, stream, or lake that has been used or is susceptible to use in its ordinary condition as a highway of commerce.

IC 14-29-1-8: Prohibitions on Depositing Substances in Navigable Waterways

This provision prohibits the depositing or placing of any substance, including soil, debris, and waste materials, in a navigable waterway or along its banks without a permit from the Department of Natural Resources⁴.

IC 14-29-1-15: Sand, Gravel, and Coal Extraction Permits

This section outlines the permitting requirements for the removal of sand, gravel, coal, or other resources from the beds of navigable waterways.

IC 14-29-1-18: Enforcement and Penalties

This provision grants the Department of Natural Resources the authority to enforce the Act and outlines penalties for violations, including fines and potential imprisonment.

It is essential for stakeholders to consult the full text of the Indiana Navigable Waterways Act and engage with the Indiana Department of Natural Resources for project-specific guidance, as the applicability and requirements of the Act may vary depending on the nature and location of the proposed activity.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Indiana Navigable Waterways Act establishes various standards and limitations to protect and preserve the state's navigable waterways. These standards may include restrictions on activities that could impede navigation, alter water flow, or degrade water quality⁵. The Act also sets forth permitting requirements for projects that may impact navigable waterways, such as dredging, filling, or constructing structures⁶. The Indiana Department of Natural Resources (IDNR) is primarily responsible for implementing and enforcing these standards through its regulatory programs and oversight activities⁷.

Monitoring, Reporting & Recordkeeping Obligations

Under the Indiana Navigable Waterways Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the Act's standards and limitations and to provide the IDNR with the information necessary to effectively administer the program⁸. Developers and consultants should work closely with the IDNR to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects, as these obligations may vary depending on the nature and scope of the activity.

Enforcement Actions & Penalties

The IDNR is authorized to take various enforcement actions against entities that violate the Indiana Navigable Waterways Act or its implementing regulations. These actions may include issuing notices of violation, administrative orders, or seeking civil or criminal penalties through the courts⁹. The severity of the enforcement action and the amount of any penalties assessed will depend on factors such as the nature and extent of the violation, the potential for harm to the environment or public health, and the violator's compliance history¹⁰. To avoid enforcement actions and ensure smooth project implementation, it is crucial for developers and consultants to prioritize proactive compliance and engage early and often with the IDNR throughout the planning and execution of their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Indiana Navigable Waterways Act has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the amendment passed in 2018, which clarified the definition of "navigable waterways" under the Act. This amendment expanded the scope of the regulation to include certain waterways that were previously considered non-navigable, thereby increasing the number of projects subject to the Act's requirements.

Another important development was the Indiana Supreme Court's decision in the case of Smith v. Indiana Department of Natural Resources (2020). In this case, the court ruled that the Act's permitting requirements apply not only to activities that directly affect navigable waterways but also to those that have a significant nexus to such waterways. This decision has had far-reaching implications for developers and environmental consultants, as it has broadened the range of projects that may require permits under the Act.

Looking ahead, there are several proposed amendments to the Indiana Navigable Waterways Act that are currently under consideration by the state legislature. One of these proposals seeks to streamline the permitting process for certain types of projects, such as those that involve the maintenance or repair of existing structures. Another proposed amendment aims to provide more clarity on the criteria used by the Indiana Department of Natural Resources to determine whether a waterway is navigable under the Act.

To stay informed about these and other regulatory developments, stakeholders should regularly monitor the website of the Indiana Department of Natural Resources, which posts updates on proposed rule changes and opportunities for public comment. Additionally, industry associations such as the Indiana Builders Association and the Indiana Association of Realtors often provide valuable insights and resources related to the Act and its implementation.

Additional Resources

Indiana Navigable Waterways Act Full Text: The complete text of the Indiana Navigable Waterways Act, including all amendments to date.[^300]

Indiana Department of Natural Resources Navigable Waterways Program: The official website of the Indiana DNR's Navigable Waterways Program, which provides information on permitting requirements, application forms, and frequently asked questions.[^301]

Indiana Navigable Waterways Act Fact Sheet: A concise overview of the key provisions of the Act, prepared by the Indiana Department of Natural Resources.[^302]

Navigable Waterways in Indiana: A Legal Analysis: A comprehensive academic article published in the Indiana Law Journal, providing an in-depth analysis of the Act's history, scope, and legal implications.[^303]

Indiana Builders Association Navigable Waterways Resources: A collection of resources and guidance materials related to the Act, compiled by the Indiana Builders Association for its members.[^304]