Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may: (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and (2) enter nonflood plain land to gain access t…

Sec. 2. As used in this chapter, "commission" refers to the Upper Wabash River basin commission established by this chapter. As added by P.L.35-2001, SEC.7.

commission into a watershed development commission Sec. 20. (a) The commission: (1) may; but (2) is not required to; consider a proposal to transform the commission from a river basin commission subject to this chapter into a watershed development commission subject to IC 14-30.5…

Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter. As added by P.L.35-2001, SEC.7.

Sec. 4. As used in this chapter, "plan" refers to a plan described in section 13(1) of this chapter. As added by P.L.35-2001, SEC.7.

Sec. 5. As used in this chapter, "upper Wabash River basin" means the area located in Adams County, Huntington County, Jay County, or Wells County that is drained by the Wabash River, including the tributaries of the Wabash River. As added by P.L.35-2001, SEC.7.

Sec. 6. The upper Wabash River basin commission is established as a separate municipal corporation. As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56.

Sec. 7. Subject to section 6(b) of this chapter, the executive of a county that includes territory in the upper Wabash River basin may do the following: (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation. As …

Sec. 8. The following serve as voting members of the commission: (1) The three (3) county commissioners from each participating county. (2) The chairman of a soil and water conservation district for each participating county that: (A) is subject to IC 14-32; (B) includes territor…

Sec. 9. (a) A member of the commission may: (1) designate another individual to perform the duties of the member on the commission; and (2) revoke the designation. (b) Any designation or a revocation of a designation under this section must be filed with the commission to be effe…

Sec. 1. (a) The governing body of a district consists of five (5) supervisors as follows: (1) Two (2) who are appointed. (2) Three (3) who are elected. (b) To hold the position of elected supervisor, an individual: (1) must be an occupier of a tract of land that is located within…

term Sec. 10. (a) The term of an appointed supervisor is three (3) years. (b) Before the term of an appointed supervisor expires, the supervisor's position shall be filled as follows: (1) Not later than November 1, the district supervisors shall recommend to the board in writing …

Sec. 10.5. (a) The board may appoint associate supervisors to assist in performing duties in each district. (b) Associate supervisors are nonvoting members of the board and may not hold officer positions on the board. (c) Associate supervisors may be reimbursed for approved expen…

Sec. 11. Newly elected and appointed supervisors shall assume the duties of office upon signing an oath of office at the conclusion of the annual meeting of the district. [Pre-1995 Recodification Citation: 13-3-1-7(j).] As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC…

Sec. 12. A supervisor holds office until the supervisor's successor has been elected or appointed and qualified. [Pre-1995 Recodification Citation: 13-3-1-7(e).] As added by P.L.1-1995, SEC.25.

Sec. 13. (a) If a vacancy in the position of elected supervisor occurs during the district's operating year: (1) the district supervisors shall, within thirty (30) days after the vacancy occurs, recommend to the board in writing one (1) or more individuals qualified to fill the p…

Sec. 13.5. (a) If a vacancy in the position of appointed supervisor occurs during a district's operating year: (1) the district supervisors shall, within thirty (30) days after the vacancy occurs, recommend to the board in writing one (1) or more individuals qualified to fill the…

Sec. 14. The supervisors shall designate a chairman and may change the designation. [Pre-1995 Recodification Citation: 13-3-1-7(d).] As added by P.L.1-1995, SEC.25.

Sec. 15. The board may, upon notice and a hearing, remove a supervisor for neglect of duty or malfeasance in office, but for no other reason. [Pre-1995 Recodification Citation: 13-3-1-7(k).] As added by P.L.1-1995, SEC.25.

Sec. 16. A majority of the supervisors constitutes a quorum and the concurrence of a majority of the supervisors is required for the determination of any matter. [Pre-1995 Recodification Citation: 13-3-1-7(l).] As added by P.L.1-1995, SEC.25.

Sec. 17. (a) A supervisor may be paid a salary per diem for any part of a day that the supervisor is engaged in the official business of the district in any amount not to exceed the salary per diem that may be paid by the state under IC 4-10-11-2.1(b). (b) A supervisor may also r…

Sec. 18. (a) The supervisors of a district: (1) may employ necessary personnel, subject to IC 36-2-5-3 and IC 36-2-5-7; and (2) shall: (A) determine the qualifications and duties of the personnel; and (B) provide supervision to personnel. (b) In any district except a district con…

Sec. 19. (a) The supervisors and employees of a district are subject to IC 34-13-3. (b) The supervisors of a district may employ their own counsel and legal staff. [Pre-1995 Recodification Citation: 13-3-1-7(o).] As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.25; P.…

[Pre-1995 Recodification Citation: 13-3-1-6 part.] As added by P.L.1-1995, SEC.25. Repealed by P.L.136-1997, SEC.43.

Sec. 20. The supervisors may delegate the powers and duties that the supervisors consider proper to any of the following: (1) The chairman. (2) Any number of supervisors. (3) Any number of agents or employees. [Pre-1995 Recodification Citation: 13-3-1-7(p).] As added by P.L.1-199…

Sec. 21. The supervisors of a district shall furnish to the board, upon request, copies of rules, contracts, forms, and other information concerning the activities of the supervisors that the board requires in the performance of duties under this article. [Pre-1995 Recodification…

Sec. 22. The supervisors of a district shall do the following: (1) Provide for the execution of surety bonds for all district employees and officers who are entrusted with money or property. (2) Provide for the keeping of a full and accurate record of all district proceedings and…

Sec. 23. The supervisors may invite the legislative body of a municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors on all questions of program and policy that affect the property, …

Sec. 24. (a) Claims against a district must be allowed and approved by the governing body of the district before payment by the district's fiscal officer. However, the governing body may, subject to review and approval at the governing body's next regular meeting, authorize the f…

[Pre-1995 Recodification Citation: 13-3-1-6 part.] As added by P.L.1-1995, SEC.25. Repealed by P.L.136-1997, SEC.43.

[Pre-1995 Recodification Citation: 13-3-1-6 part.] As added by P.L.1-1995, SEC.25. Repealed by P.L.136-1997, SEC.43.

[Pre-1995 Recodification Citations: 13-3-1-6 part; 13-3-1-7(b).] As added by P.L.1-1995, SEC.25. Repealed by P.L.136-1997, SEC.43.

Sec. 6. (a) During the first quarter of each calendar year, each district shall hold an annual meeting of all land occupiers in the district. The meeting shall be held on a date designated by the supervisors. The supervisors shall give due notice of the time and place of the meet…

Sec. 7. (a) The election held at the annual meeting of land occupiers shall be conducted by an election committee appointed under this section. (b) In October, the district chairman shall do the following: (1) Appoint an election committee made up of a supervisor as chairman and …

Sec. 8. The election committee appointed under section 7 of this chapter shall do the following: (1) Select qualified individuals as prospective nominees to fill any vacancies that exist among the elected supervisors of the district. (2) Contact and ascertain the willingness and …

Sec. 9. (a) If a tie vote occurs in an election held at an annual meeting under this chapter, voting shall continue until the tie is broken. (b) The individual receiving the highest number of votes is elected a supervisor for the three (3) year term. If there is also a vacancy to…

Sec. 1. As used in this chapter, "proposed district" refers to the district and the area proposed to be added to the district. [Pre-1995 Recodification Citation: 13-3-3-6.5(b).] As added by P.L.1-1995, SEC.26.

Sec. 2. (a) This section applies to all districts. (b) To add area to a district already established: (1) the same procedure must be used as is provided for the establishment of a district with the petition addressed to the court having jurisdiction over the district; or (2) the …

[Pre-1995 Recodification Citation: 13-3-3-6.5(a), (c), (d), (e), (f), (g), (h).] As added by P.L.1-1995, SEC.26. Amended by P.L.170-2002, SEC.96. Repealed by P.L.4-2004, SEC.3.

Sec. 1. At the time of submission of an application for a permit or revision or renewal of a permit under this article, the applicant shall do the following: (1) Place the advertisement submitted as part of the application under IC 14-34-3-3(6) in a local newspaper of general cir…

limitation on enforcement of section and rules Sec. 10. (a) The director may not approve a permit application unless, in addition to the findings required by section 7 of this chapter, the director states in writing that the director has considered the effects of the proposed min…

unanticipated events or conditions Sec. 10.5. (a) A person who submits an application for a permit or for the revision or renewal of a permit under this article shall, to the extent not otherwise addressed in the permit application, make a good faith effort to identify potential …

Sec. 11. (a) If an informal conference or public hearing is held under section 5 of this chapter, the director shall furnish the applicant and all parties with written findings: (1) granting or denying the permit in whole or in part; and (2) stating the reasons for granting or de…

Sec. 12. The director shall notify an applicant of the director's decision regarding the application. If the application is disapproved, the notification must set forth specific reasons for the application's disapproval. [Pre-1995 Recodification Citation: 13-4.1-4-5(a).] As added…

Sec. 13. (a) Within thirty (30) days after an applicant is notified of the approval or disapproval of an application: (1) the applicant; or (2) any person with an interest that is or may be adversely affected; may request a hearing on the reasons for the final determination. The …

Sec. 14. The director shall issue a permit if all of the following apply: (1) The application is approved. (2) The bonding requirements of IC 14-34-6 are met. (3) The thirty (30) day period specified under section 13(a) of this chapter has expired. [Pre-1995 Recodification Citati…

Sec. 15. Notwithstanding IC 4-21.5-3-5, a permit issued under section 14 of this chapter is effective upon issuance, unless a stay of the permit has been granted under section 17 of this chapter. [Pre-1995 Recodification Citation: 13-4.1-4-5.2.] As added by P.L.1-1995, SEC.27.…

Sec. 16. (a) Within ten (10) days after a permit is issued, the director shall notify the following persons that a permit has been issued: (1) The local government officials in the county in which the area of land to be affected is located. (2) Each person identified in the permi…

Sec. 17. If a hearing is requested under section 13 of this chapter, the commission may, under the conditions that the commission prescribes, grant appropriate temporary relief pending final determination of the proceedings if the following conditions are met: (1) All parties to …

Sec. 18. (a) Each permit issued by the director is subject to conditions imposed by the director. The conditions must include at a minimum a requirement for the operator to pay to the federal Office of Surface Mining all fees owed under 30 CFR Part 870. (b) The director may issue…