HB 1222

                                                            Introduced Version
           HOUSE BILL No. 1222
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-8-2-243.5; IC 14-27-7.5.
Synopsis: Regulation of dams. Exempts retention ponds from dam
regulations.
Effective: July 1, 2026.
                                Lopez
   January 5, 2026, read first time and referred to Committee on Natural Resources.
2026  IN 1222—LS 6666/DI 150
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1222
    A BILL FOR AN ACT to amend the Indiana Code concerning
 natural and cultural resources.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 14-8-2-243.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 243.5. "Retention pond", for
4 purposes of IC 14-27-7.5, has the meaning set forth in
5 IC 14-27-7.5-4.5.
6    SECTION 2. IC 14-27-7.5-1, AS AMENDED BY P.L.129-2022,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2026]: Sec. 1. (a) This chapter does not apply to the following:
9     (1) A structure that meets the following conditions:
10(A) Is built for the sole purpose of erosion control, watering
11livestock, recreation, or providing a haven or refuge for fish or
12wildlife.
13(B) Has a drainage area above the dam of not more than one
14(1) square mile.
15(C) Does not exceed twenty (20) feet in height.
16(D) Does not impound a volume of more than one hundred
17(100) acre-feet of water.
 2026  IN 1222—LS 6666/DI 150
                                     2
1      (2) A structure that is regulated under the federal Mine Safety and
2      Health Act of 1977, unless the structure is proposed to be retained
3      as a permanent structure after bond release.
4      (3) Except for a structure under subsection (b), a structure that is
5      a low hazard dam or a significant hazard dam that meets only one
6      (1) of the following conditions:
7(A) Has a drainage area above the dam of not more than one
8(1) square mile.
9(B) Does not exceed twenty (20) feet in height.
10(C) Does not impound a volume of more than one hundred
11(100) acre-feet of water.
12      (4) A retention pond.
13    (b) This chapter applies to a structure that is listed on the roster of
14 low head dams provided in IC 14-27-7.3.
15    SECTION 3. IC 14-27-7.5-4.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2026]: Sec. 4.5. As used in this chapter,
18 "retention pond" means a manmade basin that is:
19      (1) designed to collect and store surface water in an
20      impervious membrane liner; and
21      (2) not connected to a natural:
22(A) river;
23(B) stream; or
24(C) lake.
 2026  IN 1222—LS 6666/DI 150