Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 7.4. (a) As used in this section, "department mapping data" means the mapping data provided by the department and located on the Indiana Floodplain Information Portal. (b) A person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in …

Sec. 8. (a) Not later than ninety (90) days after: (1) a law is enacted by the general assembly under this article; or (2) a rule (as defined by IC 4-22-2-3) is adopted by the commission; the department shall update the Indiana Floodplain Information Portal and the department's w…

Sec. 9. (a) As used in this section, "compensatory storage" includes artificial storage used to balance the loss of natural flood storage capacity as a result of placing fill material or other obstructions within a flood plain. (b) The state or a unit of local government may not …

Sec. 1. The department may issue a permit to a person to take sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana. [Pre-1995 Recodification Citation: 14-3-1-14.5(a).] As added by P.L.1-1995, SEC.22.

Sec. 2. In issuing a permit under this chapter, the department shall do the following: (1) Fix by the permit the area within which it is lawful and in the best interests of the state to permit the taking by the permittee of the mineral or substance. (2) Fix by the permit and coll…

Sec. 3. (a) A permit issued under this chapter must include the following conditions: (1) The permittee shall give bond in the amount and with surety approved by the department for full and prompt compliance with the terms and conditions of the permit. (2) The permittee shall, mo…

Sec. 4. (a) A person who knowingly takes sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana without a permit commits a Class B infraction. (b) Each day a violation continues constitutes a separate infraction. [Pre-1995 Recod…

Sec. 1. As used in this chapter, "buy" includes the following: (1) Offer to buy. (2) Trade or offer to trade. (3) Barter or offer to barter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24.

Sec. 10. (a) Wild ginseng may not be harvested except during harvest season. (b) Ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorizatio…

Sec. 11. (a) The department may revoke or suspend the license of a person who violates this chapter. All proceedings under this chapter to revoke or suspend a license are subject to IC 4-21.5. (b) If a court determines that a person has violated this chapter, the court may, in ad…

Sec. 12. The department may carry out scientific research on ginseng to determine the following: (1) The distribution and abundance of ginseng throughout Indiana. (2) The effects of current and future harvesting and cultivation practices on the survival of ginseng in Indiana. [Pr…

Sec. 13. The department may establish ginseng harvesting quotas based on the results of research and data collection. [Pre-1995 Recodification Citation: 14-4-8-8.] As added by P.L.1-1995, SEC.24.

Sec. 14. (a) The department may adopt rules under IC 4-22-2 that are necessary to carry out this chapter. (b) The commission shall adopt rules under IC 4-22-2 to do the following: (1) Establish the harvest season. (2) Establish the selling season. (3) Establish the part of a year…

Sec. 15. A ginseng dealer who: (1) purchases or sells ginseng for resale or exportation without a license; or (2) obtains a license because of a false or an incorrect statement; commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(a).] As added by P.L.1-199…

Sec. 16. A person who harvests ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(b).] As added by P.L.1-1995, SEC.24.

Sec. 17. A person who possesses unprocessed ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(c).] As added by P.L.1-1995, SEC.24.

Sec. 18. A person who harvests ginseng in an amount greater than a quota established under section 13 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 14-4-8-10(d).] As added by P.L.1-1995, SEC.24.

Sec. 19. A ginseng dealer who buys, sells, or possesses ginseng in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(e).] As added by P.L.1-1995, SEC.24.

Sec. 2. (a) As used in this chapter, "ginseng" refers to American ginseng (Panax quinquefolius L.). (b) The term does not include ginseng that is: (1) ready for consumption; and (2) sold or bought at retail. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-199…

Sec. 20. A person who, without written authorization from the department, takes or sends from Indiana ginseng that is harvested in Indiana in violation of section 9 of this chapter commits a Class A misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(f).] As added by P.L.1-…

Sec. 21. A person who knowingly or intentionally: (1) takes or sends from Indiana ginseng that was harvested in another state for export from the United States; or (2) receives ginseng that was harvested in another state for export from the United States; without written authoriz…

Sec. 3. (a) As used in this chapter, "ginseng dealer" means a person who buys or sells ginseng roots from ginseng harvesters or other ginseng dealers for resale or exportation. (b) The term does not include a person who sells solely for domestic consumption. [Pre-1995 Recodificat…

Sec. 4. As used in this chapter, "harvest season" means the season established by the commission under section 14(b)(1) of this chapter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.1.

Sec. 5. As used in this chapter, "sell" includes the following: (1) Trade. (2) Barter. (3) Offer to sell, trade, or barter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24.

Sec. 6. As used in this chapter, "wild ginseng" means ginseng in or harvested from the ginseng's native habitat, whether the ginseng: (1) occurs naturally from that habitat; or (2) was introduced or increased in abundance by: (A) sowing ginseng seed; or (B) transplanting ginseng …

Sec. 7. A person must have a license issued by the department to be a ginseng dealer in Indiana. [Pre-1995 Recodification Citation: 14-4-8-2.] As added by P.L.1-1995, SEC.24.

Sec. 8. (a) To obtain a ginseng dealer's license, a person must do the following: (1) Apply to the department for the license in the manner prescribed by the department. (2) Pay a license fee of one hundred dollars ($100) before August 15 of each year. (b) A ginseng dealer's lice…

Sec. 9. (a) As used in this section, "selling season" means the season established by the commission under section 14(b)(2) of this chapter. (b) Each ginseng dealer shall submit a summary of all ginseng purchased and sold by the ginseng dealer during the selling season to the dep…

Sec. 1. Any area may be established as a district if each part of the district is contiguous to another part. A municipality may be included in whole or in part in the district only if at least one (1) of the following conditions exist: (1) The freeholders in the municipality or …

Sec. 2. (a) This section applies to a district described in IC 14-33-9-4. (b) If one (1) purpose of the district is flood control, the commission and the court in establishing the boundaries of the district under this article shall consider all watersheds affected by the flooding…

Sec. 3. A parcel of land may be included in two (2) districts established for the same purpose only with the written consent of all the owners of the land. [Pre-1995 Recodification Citation: 13-3-3-99.] As added by P.L.1-1995, SEC.26.

Sec. 4. (a) This section applies if: (1) a conservancy district is established under IC 14-33-1-1(a)(5) for purposes that include providing for the collection, treatment, and disposal of sewage and other liquid wastes; (2) a tract of land is located partly or completely within th…

Sec. 1. A person may not open, develop, or operate a new or previously mined or abandoned site for surface coal mining operations in Indiana without holding a valid surface coal mining and reclamation permit. [Pre-1995 Recodification Citation: 13-4.1-3-1.] As added by P.L.1-1995,…

Sec. 10. (a) The director may require a permit applicant to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance with rules adopted by the commission…

Sec. 11. (a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the operator for whom the costs were assumed shall reimburse the department for the costs if any of the following conditions exist: (1) The actual and attri…

Sec. 12. (a) Each reclamation plan submitted as part of a permit application as required by section 3 of this chapter must include the following, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished: (1) The: (A) identific…

Sec. 13. To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, recreational, or public use, the director may, with the approval of the United States Secretary of the Interior, permit departures in i…

Sec. 14. The director shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the following: (1) The federal Endangered Species Act of 1973 (16 U.S.C. 1531 et se…

Sec. 2. A person must make application for a surface coal mining and reclamation permit to the director on a form prescribed by the director. [Pre-1995 Recodification Citation: 13-4.1-3-2(a).] As added by P.L.1-1995, SEC.27.

Sec. 3. An application for a surface coal mining and reclamation permit must include the following: (1) The names and addresses of the following: (A) The permit applicant. (B) Every legal owner of record of the property (surface and mineral) to be mined. (C) The holders of record…

Sec. 4. The information required by section 3 of this chapter pertaining to coal seams, test borings, core samplings, or soil samples is available for inspection by any person with an interest that is or may be adversely affected by the surface coal mining and reclamation operati…

Sec. 5. Upon the written request of the operator and if the director finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, a qualified public or private laboratory designated by th…

Sec. 6. Each applicant for a surface coal mining and reclamation permit, amendment, transfer, or renewal shall file an entire copy of the application, except for the information pertaining to the coal seam, for public inspection in the main public library in the county in which t…

Sec. 7. An applicant must pay a filing fee of fifty dollars ($50). [Pre-1995 Recodification Citation: 13-4.1-3-3(d) part.] As added by P.L.1-1995, SEC.27.

Sec. 8. An application remains on file until thirty (30) days after the director's final decision on the application, at which time the applicant may remove the application. [Pre-1995 Recodification Citation: 13-4.1-3-3(e).] As added by P.L.1-1995, SEC.27.

Sec. 9. An accurate and complete copy of an application, except as provided in section 4 of this chapter, must: (1) remain on file at the office of the division of reclamation nearest the mining operation; and (2) be available for public inspection and copying at reasonable charg…