Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 1. (a) It is the public policy of Indiana to protect and conserve the timber, water resources, wildlife, and topsoil in the forests owned and operated by the division of forestry for the equal enjoyment and guaranteed use of future generations. However, by the employment of …

Sec. 2. As used in this chapter, "merchantable timber" means timber, trees, and parts of trees that can be used for sawtimber, veneer, poles, posts, pulp, and any other product using wood or parts of trees. [Pre-1995 Recodification Citation: 14-5-4-2(e).] As added by P.L.1-1995, …

Sec. 3. (a) The department may issue permits, execute leases, or contract for the removal of merchantable timber from the state forests under this chapter. A permit, lease, or contract must do the following: (1) Determine and fix the area within which it is lawful and in the best…

inspections Sec. 4. (a) The state forester or the state forester's designee shall investigate the feasibility of the department entering into arrangements for removal and sale of merchantable timber, taking into consideration the following: (1) Local market conditions. (2) Adapta…

Sec. 5. (a) The net receipts derived from or by virtue of a permit, lease, or contract entered into or issued under this chapter or from or by any operations under this chapter shall be paid as follows: (1) Eighty-five percent (85%) of the net receipts shall be deposited in the s…

Sec. 6. (a) Pro rata payments to a county shall be made at the close of each fiscal year on a fiscal year basis. The payments shall be made to the county by certification on the part of the department of the specific amounts due the county upon submission by the county of state v…

Sec. 1. The division may inspect any site in Indiana where agricultural, horticultural, or sylvan products are being grown, shipped, sold, or stored to determine if a pest or pathogen is present. [Pre-1995 Recodification Citation: 14-7-5-1.] As added by P.L.1-1995, SEC.17.

Sec. 2. If as a result of an inspection under section 1 of this chapter a site is determined to be infested with a pest or pathogen that is likely to spread or communicate to adjacent or contiguous territory in an adjoining area, the director may prescribe the boundaries of an ar…

Sec. 3. All farms and premises located within an area declared to be an infested area shall be operated and managed according to standards approved by the commission. An agricultural, a horticultural, or a sylvan product capable of producing and disseminating the pest or pathogen…

Sec. 4. After written notice by the department and within the prescribed period, a person having charge of an agricultural, a horticultural, or a sylvan product described under section 3 of this chapter shall have the product destroyed, treated, or otherwise disposed of as direct…

Sec. 5. (a) If the person having charge of the product does not comply with the written notice given under section 4 of this chapter, the department or the department's agent may take the necessary action and incur the expenses required to satisfy the directive contained in the w…

Sec. 1. As used in this chapter, "construction" means the process of building a building, highway, utility, or another structure. The term includes the following: (1) The process of assembling materials. (2) Disassembling and removing a structure. (3) The preparation of the const…

Sec. 10. If the director has reasonable evidence that indicates that continued ground water withdrawals from a significant ground water withdrawal facility will exceed the recharge capability of the ground water resource of the area, the director shall, by temporary order, declar…

Sec. 11. A temporary order under section 9 or 10 of this chapter must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the ground water emergency. Following the hearing, the director may continue, amend, or terminate the gro…

Sec. 12. (a) Except as provided in subsection (b), the director may restrict the quantity of ground water that may be extracted from a significant ground water withdrawal facility when the director declares a ground water emergency under section 9 or 10 of this chapter if: (1) th…

Sec. 13. The commission may adopt rules under IC 4-22-2 to administer this chapter. The rules must be consistent with IC 25-39 and rules adopted under IC 25-39. [Pre-1995 Recodification Citation: 13-2-2.5-5.] As added by P.L.1-1995, SEC.18.

Sec. 14. (a) A declaration of a ground water emergency under this chapter is effective when a copy of a declaration is served under IC 4-21.5-3-1 upon a person who owns the significant ground water withdrawal facility that is reasonably believed to have caused the failure of the …

Sec. 15. This chapter does not: (1) create a new; or (2) abridge an existing; civil right of action. [Pre-1995 Recodification Citation: 13-2-2.5-8.] As added by P.L.1-1995, SEC.18.

Sec. 16. (a) A person who violates a rule or order adopted under this chapter concerning a ground water emergency commits a Class A infraction. (b) The commission may, without proof of irreparable injury, maintain an action to enjoin a violation of this chapter. [Pre-1995 Recodif…

Sec. 17. The owner of a significant ground water withdrawal facility shall, subject to an order issued under section 20 of this chapter or under IC 13-2-2.5-11 (before its repeal), provide timely and reasonable compensation to another person who owns a significant ground water wi…

Sec. 18. Timely and reasonable compensation under section 17 of this chapter consists of and is limited to the following: (1) The immediate temporary provision at the prior point of use of an adequate supply of potable water. (2) Reimbursement of expenses reasonably incurred by t…

Sec. 19. The refusal of an owner of an affected nonsignificant ground water withdrawal facility or significant ground water withdrawal facility to accept timely and reasonable compensation is sufficient grounds for the department to terminate an order imposed on a responsible sig…

Sec. 2. As used in this chapter, "dewatering well" means a temporary water well that: (1) is used as part of a construction project to remove water from a surface or subsurface area; and (2) ceases to be used upon completion of the construction project or shortly after completion…

Sec. 20. (a) Upon the declaration of a ground water emergency under section 9 of this chapter, the director shall, by temporary order, require the immediate temporary provision at the prior point of use of an adequate supply of potable water. A temporary order under section 9 or …

Sec. 21. (a) An owner of a new nonsignificant ground water withdrawal facility who desires to receive the protection of this chapter must construct the facility to conform to the rules adopted under section 13 of this chapter. (b) An owner of a new significant ground water withdr…

Sec. 3. As used in this chapter, "nonsignificant ground water withdrawal facility" means the ground water withdrawal facility of a person that, in the aggregate, has a withdrawal capability of less than one hundred thousand (100,000) gallons of ground water in one (1) day. [Pre-1…

Sec. 4. (a) As used in this chapter and subject to subsection (b), "owner" includes the following: (1) The owner of an interest in property. (2) A person in possession of property. (b) For a temporary dewatering well, "owner" means the person who authorized the construction that …

Sec. 5. As used in this chapter, "potable water" means water that at the point of use is acceptable for human consumption under drinking water quality standards adopted by the environmental rules board under IC 13-18-4-1. [Pre-1995 Recodification Citation: 13-2-2.5-2(k).] As adde…

Sec. 6. As used in this chapter, "significant ground water withdrawal facility" means the ground water withdrawal facility of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons of …

Sec. 7. (a) As used in this chapter, "water well" means an excavation, however constructed, that is used for the purpose of withdrawing ground water for reasonable beneficial uses. (b) The term does not include agricultural and urban drainage systems. [Pre-1995 Recodification Cit…

Sec. 8. Within: (1) twenty-four (24) hours after receiving a written complaint from the owner of a nonsignificant ground water withdrawal facility; or (2) three (3) business days after receiving a written complaint from the owner or operator of a significant ground water withdraw…

Sec. 9. If an investigation under section 8 of this chapter discloses: (1) that the well has: (A) failed to furnish the well's normal supply of water; or (B) based upon reasonable evidence of prior potability supplied by the owner, failed to furnish potable water; (2) that there …

Sec. 1. As used in this chapter, "average normal water level" of a lake means the level between high water that occurs as a result of excessive precipitation and low water that occurs during protracted dry periods that will do the following: (1) Provide the most benefit to the pu…

Sec. 10. Within one (1) year after the court has established the average normal water level or area, the department shall construct a suitable permanent monument as prescribed in the findings of the court on the shore of the lake. The monument must contain the following: (1) The …

Sec. 11. The requirements and procedure prescribed by this chapter for reports, notice, court procedure, and record apply to all dams, spillways, and control works provided for in this chapter. [Pre-1995 Recodification Citation: 13-2-13-1(a) part.] As added by P.L.1-1995, SEC.19.…

Sec. 12. The department may do the following: (1) Accept contributions or grants-in-aid from: (A) an individual; (B) a group of individuals; or (C) county, state, or federal agencies; to finance the construction of dams, spillways, or control works to maintain the average normal …

Sec. 2. The department may do the following: (1) Have established, by appropriate legal action, the average normal water level or area of all natural and artificial lakes of Indiana. (2) Construct or sponsor and supervise the construction of dams, spillways, and control works nec…

Sec. 3. A concise report containing a description of the lake and location, together with all data necessary to reveal and fix: (1) the average normal water level or area of the lake; and (2) the highest elevation to which the water has risen during the prior ten (10) years; shal…

Sec. 4. The average normal water level shall be determined by means such as the following: (1) Old surveys. (2) Testimony of old inhabitants. (3) The extent to which drainage and other artificial causes have increased or decreased the natural ground water of the area and affected…

Sec. 5. The department shall file the report with the following: (1) The commission. (2) The clerk of the circuit court with jurisdiction in the county in which the greatest area of the lake is situated. [Pre-1995 Recodification Citation: 13-2-13-1(a) part.] As added by P.L.1-199…

Sec. 6. The clerk of the circuit court shall do the following: (1) Immediately docket the report as a cause of action pending in the circuit court of the county. (2) Cause notice to be published for two (2) consecutive weeks in two (2) newspapers of general circulation in each co…

Sec. 7. The court shall, on the day fixed in the notice or on a later day to be fixed by the court, hear all of the evidence submitted respecting the matter submitted by the following: (1) The department. (2) Any other agency of government. (3) Any affected landowners. [Pre-1995 …

Sec. 8. (a) After the hearing, the court shall do the following: (1) Make findings of fact. (2) Give an appropriate judgment establishing the level and area of the lake. (b) If the judgment is favorable to the moving party, a description of: (1) a monument; (2) the location of th…

Sec. 9. (a) If the judgment is favorable to the moving party, the findings and judgment of the court properly certified by the clerk of the court shall be recorded in a lake level record to be kept in the recorder's office of each county having land draining into the lake. Each c…

Sec. 1. This chapter applies to a levee association or corporation that meets the following conditions: (1) The levee association or corporation was a levee association originally organized under Acts 1913, c.165, that: (A) accepted the provisions of: (i) IC 23-7-1 (before its re…

Sec. 2. A surviving corporation: (1) may continue and possesses all the rights, powers, duties, and privileges of any law repealed by IC 19-3-2-106 (repealed April 1, 1980); and (2) is not affected by the repeal. [Pre-1995 Recodification Citation: 13-2-28-1 part.] As added by P.L…