Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 28. (a) Except as provided in subsection (e), landowners and tenants of land do not owe a duty of care to do any of the following: (1) Keep their premises safe for entry or use by persons operating, using, or riding in vehicles for recreational purposes. (2) Give a warning o…

Sec. 29. (a) A person who violates section 20, 21, 23(a)(3) through 23(a)(14), 27, or 33 of this chapter commits a Class C infraction. (b) A person who knowingly or intentionally violates section 18(a), 18(b), 18(c), 23(a)(1), 23(a)(2), or 24 of this chapter commits a Class B mis…

[Pre-1995 Recodification Citation: 14-1-3-1(f).] As added by P.L.1-1995, SEC.9. Amended by P.L.14-1998, SEC.1; P.L.186-2003, SEC.37. Repealed by P.L.225-2005, SEC.25.

Sec. 30. (a) As used in this section, "fund" refers to the off-road vehicle and snowmobile fund established by subsection (b). (b) The off-road vehicle and snowmobile fund is established. The fund shall be administered by the department. (c) The fund consists of the revenues obta…

Sec. 31. The department may not adopt a rule, regulation, or guideline that, with respect to an off-road vehicle, imposes a dry weight limitation of less than two thousand (2,000) pounds. As added by P.L.86-2010, SEC.8.

Sec. 32. A vehicle that is: (1) from another state or country and is not registered in that state or country; and (2) owned by a nonresident of Indiana; may be operated on designated trails and properties owned or managed by the department if the operator of the vehicle pays a fe…

requirement Sec. 33. A person who is: (1) the owner of an off-road vehicle; (2) in possession of an off-road vehicle; or (3) entitled to the possession of an off-road vehicle, whether by reason of legal title, lease, license, rental arrangement, lease with option to purchase, con…

Sec. 4. As used in this chapter, "operate" means to: (1) ride in or on; and (2) be in actual physical control of the operation of; a vehicle. [Pre-1995 Recodification Citation: 14-1-3-1(c).] As added by P.L.1-1995, SEC.9. Amended by P.L.225-2005, SEC.11.

Sec. 5. As used in this chapter, "operator" means an individual who: (1) operates; or (2) is in actual physical control of; an off-road vehicle or a snowmobile. [Pre-1995 Recodification Citation: 14-1-3-1(a).] As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.38.…

Sec. 6. As used in this chapter, "owner" means a person, other than a lienholder, who: (1) has the property in or title to; and (2) is entitled to the use or possession of; an off-road vehicle or a snowmobile. [Pre-1995 Recodification Citation: 14-1-3-1(b).] As added by P.L.1-199…

Sec. 7. As used in this chapter, "vehicle" refers to an off-road vehicle or a snowmobile. [Pre-1995 Recodification Citation: 14-1-3-1(g).] As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.40.

[Pre-1995 Title 14 Recodification Citation: 14-1-3-2; Pre-2016 Title 9 Revision Citation: subsection (a)(2) formerly 14-16-1-19.] As added by P.L.1-1995, SEC.9. Amended by P.L.186-2003, SEC.41; P.L.225-2005, SEC.12; P.L.86-2010, SEC.6; P.L.25-2011, SEC.1; P.L.259-2013, SEC.31; P.…

As added by P.L.219-2005, SEC.17. Amended by P.L.259-2013, SEC.33. Expired 1-1-2017 by P.L.259-2013, SEC.33.

Sec. 1. The department may buy real property at a real property tax sale for any purpose for which the department is authorized to acquire real property. [Pre-1995 Recodification Citation: 4-20.5-3-5(a).] As added by P.L.1-1995, SEC.10.

Sec. 2. The department may acquire real property under this chapter with any money appropriated or available to the department for the acquisition of real property. [Pre-1995 Recodification Citation: 4-20.5-3-5(b).] As added by P.L.1-1995, SEC.10.

Sec. 3. The department may take any action not inconsistent with IC 4-20.5 to acquire real property under this chapter. [Pre-1995 Recodification Citation: 4-20.5-3-5(c).] As added by P.L.1-1995, SEC.10.

Sec. 1. The department shall, with the advice and approval of the appropriate advisory committee, prepare, formally adopt, and publish a projected ten (10) year plan for the following: (1) Land acquisition. (2) Capital improvement. (3) The development of facilities of the departm…

Sec. 0.5. (a) "Motorized cart" means a conveyance that is: (1) motor driven, either by gas or electricity; (2) used to carry passengers or equipment; and (3) smaller than the types of motor vehicles required to be registered by the bureau of motor vehicles such as a: (A) passenge…

Sec. 1. The department shall do the following: (1) Have the custody of and maintain the parks, preserves, forests, reservoirs, and memorials owned by the state. (2) Adopt the necessary rules under IC 4-22-2 to secure enforcement of this title, which must include provisions for th…

Sec. 1.5. (a) Before March 1, 2016, the department shall develop guidelines concerning recreational trails and amend the guidelines as necessary or advisable thereafter. The guidelines must address at least the following issues: (1) Clear statement of ownership and management of …

Sec. 2. The department may do the following: (1) Make available to the public under rules adopted by the department public parks and other suitable places for recreation, conservation, and management of natural and cultural resources. The rules may include a procedure for the est…

Sec. 3. (a) The department may lease property located in a state park to a lessee for a period longer than four (4) years if the requirements of this section are satisfied. (b) A lease described in subsection (a) does not take effect unless all of the following conditions have be…

Sec. 1. This chapter does not apply to the human remains of individuals who die after December 31, 1939. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.

Sec. 10. As used in this chapter, "review board" refers to the historic preservation review board established by this chapter. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.

Sec. 10.4. As used in this chapter, "state college or university project" means a project of a state college or university that involves the construction, renovation, or demolition of one (1) or more buildings. As added by P.L.135-1996, SEC.2.

Sec. 11. The division of historic preservation and archeology shall administer and develop the programs and policies established by this chapter. [Pre-1995 Recodification Citation: 14-3-3.4-2 part.] As added by P.L.1-1995, SEC.14.

Sec. 12. The division shall do the following: (1) Develop a program of historical, architectural, and archeological research and development, including continuing surveys, excavations, scientific recording, interpretation, and publication of the state's historical, architectural,…

Sec. 13. The division may do the following: (1) Recommend the purchase, lease, or gift of historic property of archeological importance and make recommendations to the director, council, and commission regarding policies affecting the operation and administration of these sites a…

Sec. 13.5. (a) The division may conduct a program to survey and register in a registry of Indiana cemeteries and burial grounds that the division establishes and maintains all cemeteries and burial grounds in each county in Indiana. The division may conduct the program alone or b…

Sec. 14. (a) This section does not apply to real property that is owned by a state educational institution. (b) The Indiana department of administration shall notify the division of a proposed transfer of real property owned by the state at the earliest planning stage and not lat…

Sec. 15. The division shall do the following: (1) Undertake a statewide survey to identify and document historic sites and historic structures. (2) Prepare and maintain a register of Indiana historic sites and historic structures and establish criteria for the listing of historic…

permit Sec. 16. (a) Except as provided in section 18 and sections 25 through 27 of this chapter, a person who, without a permit, conducts a field investigation or alters historic property within the boundaries of property owned or leased by the state commits a Class A infraction.…

Sec. 17. (a) Any person may nominate a site or structure for addition to or removal from the register. Upon approval of the nomination by the division, all affected persons shall be notified. (b) If an objection to the action is not filed with the division within thirty (30) days…

approval; exceptions; survey of historic sites and structures; advisory report; federally funded construction projects Sec. 18. (a) A: (1) historic site or historic structure owned by the state; or (2) historic site or historic structure listed on the state or national register; …

As added by P.L.135-1996, SEC.5. Amended by P.L.2-2007, SEC.173. Repealed by P.L.130-2018, SEC.76.

historic properties Sec. 18.6. (a) As used in this section, "substantial alteration" means a conspicuous, exterior material change in a historic site or historic structure which, in the good faith judgment of a state college or university, affects the historic character of the hi…

Sec. 19. The director is designated as the state historic preservation officer. [Pre-1995 Recodification Citation: 14-3-3.4-10.] As added by P.L.1-1995, SEC.14.

Sec. 2. As used in this chapter, "artifact" means: (1) a feature that is: (A) nonportable evidence of past human behavior or activity; (B) found on or in the ground, including structural remains; and (C) formed before December 31, 1870; or (2) an object made, modified, or used be…

Sec. 20. (a) The historic preservation review board is established. (b) The review board consists of nine (9) members as follows: (1) The director or the director's designee. (2) At least five (5) individuals meeting minimum professional requirements established by the United Sta…

Sec. 21. The director is chairman of the review board. The review board may select other officers that the review board determines. [Pre-1995 Recodification Citation: 14-3-3.4-12(f).] As added by P.L.1-1995, SEC.14.

Sec. 22. (a) The review board shall carry out the duties: (1) required by this chapter; and (2) as required under 16 U.S.C. 470 et seq. and the regulations relating to 16 U.S.C. 470 et seq. (b) The review board shall also advise the division and the department as requested by the…

Sec. 23. (a) Each member of the review board who is not a state employee is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) for each day that the member is engaged in the official business of the committee. The member is also entitled to reimbursement for…

Sec. 24. (a) As used in this section, "agricultural purpose" includes farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, ornamental horticulture, olericulture, pomiculture, animal husbandry, and poultry husbandry. (b) Sections 25, 26, 28, and 29 o…

plans Sec. 25. (a) The commission shall adopt rules establishing standards for plans. (b) With respect to archeological plans, the rules must impose a standard of conduct that does the following: (1) Promotes the scientific investigation and conservation of past cultures. (2) Con…

Sec. 25.5. (a) If a Native American Indian burial ground is discovered, the department shall immediately provide notice to the Native American Indian affairs commission established by IC 4-23-32. (b) If Native American Indian human remains are removed from a burial ground, the de…

human remains; penalty Sec. 26. (a) A person who disturbs the ground for the purpose of discovering, uncovering, or moving artifacts, burial objects, or human remains must do so in accordance with a plan approved by the department under section 25 of this chapter or under IC 14-3…

Sec. 26.5. (a) Notwithstanding IC 23-14-44-1, this section does not apply to the following: (1) A public utility (as defined in IC 8-1-2-1(a)). (2) A corporation organized under IC 8-1-13. (3) A municipally owned utility (as defined in IC 8-1-2-1(h)). (4) A surface coal mining an…

disturbed; penalty Sec. 27. (a) A person who disturbs buried human remains or burial grounds shall do the following: (1) Notify the department within two (2) business days of the time of the disturbance. (2) Treat or rebury the human remains in a manner and place according to rul…

Sec. 28. A person who recklessly, knowingly, or intentionally disturbs human remains or grave markers while moving, uncovering, or removing artifacts or burial objects either: (1) without a plan approved by the department under: (A) section 25 of this chapter; or (B) IC 14-3-3.4-…

Sec. 29. (a) A person who discovers, uncovers, or moves an artifact or burial object while disturbing the ground for a purpose other than the discovery, uncovering, or moving of artifacts or burial objects shall do the following: (1) Immediately cease disturbing the ground and th…