Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES
296 chapters · 3,312 sections in this title.
Ind. Code § 14-21-1-3 "Burial ground" defined
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Sec. 3. (a) As used in this chapter, "burial ground" means ground in which human remains are buried, including the surrounding area that is either: (1) marked by a permanent visible boundary, including a fence or wall; or (2) if there is not a permanent visible boundary, determin…
Ind. Code § 14-21-1-30 Amateur groups encouraged to establish codes of ethics
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Sec. 30. The department shall actively encourage all groups of amateur archeologists to establish and maintain a code of ethics as a minimum guide for the conduct of searches for evidence from the life and culture of past ages. [Pre-1995 Recodification Citation: 14-3-3.4-19.] As …
Ind. Code § 14-21-1-31 Adoption of rules
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Sec. 31. (a) The commission shall adopt rules under IC 4-22-2 to implement this chapter. (b) When adopting rules under this chapter the commission shall consider the following: (1) The rights and interests of landowners. (2) The sensitivity of human beings for treating human rema…
Ind. Code § 14-21-1-32 Confidential archeological site information
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Sec. 32. (a) Subject to subsections (b) and (c), the division may keep reports and information concerning the location of historic and archeological sites confidential if the director of the division determines that disclosure would likely: (1) risk harm to the historic or archeo…
Ind. Code § 14-21-1-33 Persons authorized to accompany conservation officers to
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determine violations Sec. 33. An employee of the division or a person authorized by the department may accompany a conservation officer on public or private property to determine if there is a violation of this article. As added by P.L.26-2008, SEC.13.
Ind. Code § 14-21-1-34 Homeowner assistance program; archeology preservation trust
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fund Sec. 34. (a) The division may conduct a program to assist private homeowners who have accidentally discovered an artifact, a burial object, or human remains and who need assistance to comply with an approved plan to excavate or secure the site from further disturbance. The d…
Ind. Code § 14-21-1-35 Restitution orders
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Sec. 35. (a) In addition to: (1) a: (A) sentence imposed under this chapter for a felony or misdemeanor; or (B) judgment imposed under this chapter for an infraction; and (2) an order for restitution to a victim; a court may order an individual to make restitution to the archeolo…
Ind. Code § 14-21-1-36 Possession of looted property; penalty
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Sec. 36. A person who knowingly or intentionally receives, retains, or disposes of an artifact, a burial object, or human remains obtained in violation of this chapter commits possession of looted property, a Level 6 felony. However, the offense is a Level 5 felony if the fair ma…
Ind. Code § 14-21-1-4 "Burial object" defined
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Sec. 4. As used in this chapter, "burial object" means any item intentionally placed in a burial ground at or near the time of burial. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.
Ind. Code § 14-21-1-5 "Council" defined
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Sec. 5. As used in this chapter, "council" refers to the advisory council established by IC 14-9-6-1. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14. Amended by P.L.95-2006, SEC.8.
Ind. Code § 14-21-1-6 Repealed
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[Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14. Repealed by P.L.85-2008, SEC.6.
Ind. Code § 14-21-1-7 "Human remains" defined
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Sec. 7. As used in this chapter, "human remains" means any part of the body of a human being in any: (1) stage of decomposition; or (2) state of preservation. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.
Ind. Code § 14-21-1-8 "Plan", "archeological plan", and "development plan" defined
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Sec. 8. (a) As used in this chapter, "plan" refers to: (1) an archeological plan, as described in subsection (b); or (2) a development plan, as described in subsection (c). (b) As used in this chapter, "archeological plan" means a plan for the systematic recovery, analysis, and d…
Ind. Code § 14-21-1-9 "Register" defined
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Sec. 9. As used in this chapter, "register" refers to the register of Indiana historic sites and historic structures established under this chapter. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.
Ind. Code § 14-22-1-1 Wild animals property of the people; department to protect
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and manage wild animals Sec. 1. (a) All wild animals, except those that are: (1) legally owned under a license or permit as required by this article; or (2) otherwise excepted in this article; are the property of the people of Indiana. (b) The department shall provide for the pro…
Ind. Code § 14-22-1-1.5 Application of article; captive bred cervidae
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Sec. 1.5. This article does not apply to legally owned captive bred cervidae. As added by P.L.89-2016, SEC.6.
Ind. Code § 14-22-1-1.7 Application of article; captive bred bovidae
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Sec. 1.7. This article does not apply to legally owned captive bred members of the bovidae family described in IC 15-17-14.7-3. As added by P.L.89-2016, SEC.7.
Ind. Code § 14-22-1-2 Applicability of article
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Sec. 2. The regulatory provisions of this article do not apply to: (1) agents or employees of the department; or (2) police officers of the United States or Indiana; while in performance of official duty. [Pre-1995 Recodification Citation: 14-2-3-6.] As added by P.L.1-1995, SEC.1…
Ind. Code § 14-22-1-3 Repealed
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[Pre-1995 Recodification Citation: 14-2-2-2.] As added by P.L.1-1995, SEC.15. Repealed by P.L.225-2005, SEC.26.
Ind. Code § 14-23-1-1 Duties of department
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Sec. 1. The department shall do the following: (1) Have the care, custody, and control of the forest land owned by the state, exclusive of state parks. (2) Adopt necessary rules to properly enforce this chapter. (3) Establish, operate, and maintain nurseries for the production of…
Ind. Code § 14-23-1-2 Nursery stock and wildflower seed sales
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Sec. 2. (a) This section does not apply to the following: (1) The sale or distribution of nursery stock or wildflower seeds to the following: (A) An individual who resides in Indiana. (B) A governmental entity. (C) A nonprofit organization or an educational institution. (D) An ag…
Ind. Code § 14-24-1-1 Department to administer article
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Sec. 1. The department shall administer this article. [Pre-1995 Recodification Citation: 14-7-2-2.] As added by P.L.1-1995, SEC.17.
Ind. Code § 14-24-1-2 Director as administrative head
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Sec. 2. The division director, who shall be appointed by the director, is the administrative head of the division and the state entomologist. [Pre-1995 Recodification Citation: 14-7-2-4.] As added by P.L.1-1995, SEC.17.
Ind. Code § 14-24-1-3 Employment of personnel
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Sec. 3. The division director shall employ the personnel of the division. [Pre-1995 Recodification Citation: 14-7-2-5.] As added by P.L.1-1995, SEC.17.
Ind. Code § 14-24-1-4 Commission as ultimate authority for department
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Sec. 4. The commission is the ultimate authority (as defined in IC 4-21.5-1-15) for the department under this article. [Pre-1995 Recodification Citation: 14-7-2-6.] As added by P.L.1-1995, SEC.17.
Ind. Code § 14-24-1-5 Delegation of commission's powers and duties
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Sec. 5. The commission may delegate any of the commission's powers and duties under this article to the director, deputy director, division director, or another employee of the department. [Pre-1995 Recodification Citation: 14-7-2-7.] As added by P.L.1-1995, SEC.17.
Ind. Code § 14-25-1-1 Legislative findings regarding use of surface waters
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Sec. 1. The general welfare of the people of Indiana requires that: (1) surface water resources of Indiana be put to beneficial uses to the fullest extent; (2) the use of water for nonbeneficial uses be prevented; and (3) public and private money for the promotion and expansion o…
Ind. Code § 14-25-1-10 Public policy regarding regulation of public waters
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Sec. 10. The policy that surface waters of Indiana are declared to be public waters and subject to regulation by the general assembly is the accepted policy of the state. Users of surface waters who: (1) institute withdrawal of water for artificial uses from a natural stream, nat…
Ind. Code § 14-25-1-11 Findings; requirements for diversion of water outside the
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basin; rules Sec. 11. (a) The general assembly finds that a diversion of water out of the basin, unless conducted under the Great Lakes—St. Lawrence River Basin Water Resources Compact, will impair or destroy the Great Lakes. The general assembly further finds that the regulation…
Ind. Code § 14-25-1-2 Waters declared natural resource
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Sec. 2. (a) Water in a natural stream, natural lake, or another natural body of water in Indiana that may be applied to a useful and beneficial purpose is declared to be: (1) a natural resource and public water of Indiana; and (2) subject to control and regulation for the public …
Ind. Code § 14-25-1-3 Riparian rights to water for domestic purposes
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Sec. 3. (a) The owner of land contiguous to or encompassing a public watercourse may use water from the public watercourse in the quantity necessary to satisfy the owner's needs for domestic purposes, including the following: (1) Water for household purposes. (2) Drinking water f…
Ind. Code § 14-25-1-4 Impoundment of excess waters
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Sec. 4. (a) This section applies to land contiguous to or encompassing a public watercourse. (b) The: (1) owner or group of owners of the land; or (2) person, firm, limited liability company, corporation, unit of government, or association for irrigation or other purposes owning …
Ind. Code § 14-25-1-5 Use of increased flowage of waters due to release from
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impoundment Sec. 5. (a) A public utility, a person, a firm, a limited liability company, a corporation, a unit of government, or an association for irrigation or other purposes that creates additional stream volumes by releases from impoundments built and financed by the entity f…
Ind. Code § 14-25-1-6 Standards of measurement
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Sec. 6. (a) The standard units for the measurement of the flow of water are a cubic foot per second and a gallon per minute. (b) The standard units for the measurement of stored water are an acre-foot and a gallon. (c) The standards and methods for the measurement of the volume o…
Ind. Code § 14-25-1-7 Diversion of floodwaters
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Sec. 7. (a) Upon approval of the commission and subject to subsection (b), any person, whether or not the owner of land contiguous to or encompassing a watercourse, may divert the flood water of a watercourse for any useful purpose, including the purpose of storage. (b) A diversi…
Ind. Code § 14-25-1-8 Mediation of disputes
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Sec. 8. Whenever a dispute arises between the users of surface water in a watershed area, any party to the dispute may request that the commission mediate the dispute using the mediation provisions under IC 4-21.5-3.5. [Pre-1995 Recodification Citation: 13-2-1-6(2).] As added by …
Ind. Code § 14-25-1-9 Reports to commission regarding volume of water used
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Sec. 9. A person who uses ground water or surface water shall, when requested by the commission, report to the commission the volume of water used by the person in a specific period. The commission may, in the commission's rules, prescribe the method of making the reports. [Pre-1…
Ind. Code § 14-26-1-1 Legislative findings regarding need for reservoir sites
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Sec. 1. (a) It is recognized that the growth and spread of urban development and highways is encroaching upon and often eliminating many open areas that are suitable for reservoirs needed for water supply storage in the near future. Because of the varied topography and the geolog…
Ind. Code § 14-26-1-10 Source of money for commission
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Sec. 10. (a) The commission shall, when acting on behalf of the state under this chapter, derive the needed money for purchase or taking and for construction of necessary structures for impoundment from either or both of the following: (1) The water resources development fund cre…
Ind. Code § 14-26-1-11 Cooperation with federal government not authorized
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Sec. 11. (a) This section applies to the following multipurpose reservoirs that have been authorized for construction by the United States Congress: (1) Big Blue. (2) Big Pine. (3) Big Walnut. (4) Clifty Creek. (5) Lafayette. (b) Notwithstanding Acts 1967, c.100, s.3, Acts 1969, …
Ind. Code § 14-26-1-12 Cooperation with federal government authorized
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Sec. 12. (a) The department shall cooperate with the United States and the appropriate agencies of the United States in the planning, construction, operation, and maintenance of: (1) the Downeyville multiple purpose reservoir, which has been authorized for construction by the Con…
Ind. Code § 14-26-1-3 Public purpose
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Sec. 3. Storage reservoirs providing for the regulation of the flow of the rivers and water of Indiana in the interest of: (1) flood control, water supply for all beneficial purposes, water quality control, navigation, and both general and fish and wildlife recreation; or (2) any…
Ind. Code § 14-26-1-4 Purchase or condemnation of land by commission
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Sec. 4. The commission may do the following: (1) Act on behalf of the state under this chapter. (2) Purchase or condemn easements or fee simple interests, as provided in this chapter, in land necessary for reservoirs for storage of water to be used for: (A) any; (B) a combination…
Ind. Code § 14-26-1-5 Purchase or condemnation of land on behalf of public entity
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with right or duty to supply or store water Sec. 5. The commission, on behalf of the state, or a municipality, special taxing district, or public utility that by other law has the right or duty to supply or store water for any of the purposes stated in section 1 of this chapter m…
Ind. Code § 14-26-1-6 Statement regarding condemnation of property; valuation
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Sec. 6. (a) If an agreement cannot be reached by the owner of the land considered needed for the reservoir site and the taker that is authorized to condemn the site by section 5 of this chapter, the taker must set forth the following: (1) The interest to be taken in the land. (2)…
Ind. Code § 14-26-1-7 Cost of easement or interest in land
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Sec. 7. The cost of an easement or interest in the fee, either purchased or condemned, for present or for future needs, is considered to be the cost of used and useful property commencing with the date the payment for the land or an interest in the land is made. The Indiana utili…
Ind. Code § 14-26-1-8 Rights of owners from whom easements or remainder interests
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taken Sec. 8. (a) The owner of the land from which: (1) an easement is taken; or (2) the remainder interest in fee simple is taken; may use and enjoy the land in any way consistent with the rights of the holder of the easement or remainder interest in fee simple. (b) The owner ma…
Ind. Code § 14-26-1-9 Approval of complaint for condemnation
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Sec. 9. A complaint for condemnation, other than by the commission, under this chapter may not be filed in a court unless the taker has received approval from both the department and the department of environmental management. These agencies shall give approval only if the agenci…
Ind. Code § 14-27-1-1 General duties of department
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Sec. 1. The department shall do the following: (1) Investigate, compile, and disseminate information and make recommendations relative to the drainage and reclamation of land. (2) Make surveys and reconnaissance and prepare the maps, charts, statistical tables, and other document…
Ind. Code § 14-27-1-2 Notices required to be made to department
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Sec. 2. Within five (5) days after: (1) an order has been made by a circuit or superior court, board of commissioners, or county auditor referring a petition for drainage or for the establishment and construction of a levee or dike to the: (A) drainage or levee commissioners; (B)…