Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 2. A provision concerning the acquisition, operation, or disposition of property by other public bodies does not apply to a district unless the provision specifically states that the provision applies. [Pre-1995 Recodification Citation: 13-3-1-8(b).] As added by P.L.1-1995, …

Sec. 3. If: (1) a district disposes of real property or awards a contract for the procurement of property by acceptance of bids, proposals, or quotations; and (2) a bid, proposal, or quotation is submitted by a trust (as defined in IC 30-4-1-1(a)); the bid, proposal, or quotation…

establishment of district Sec. 3.5. (a) In an action or proceeding that: (1) relates to; or (2) involves the validity or enforcement of; a contract, proceeding, or action of a district, proof of the issuance of a certificate of organization to the district by the secretary of sta…

Sec. 4. (a) As used in this section, "landfill" means a facility where solid waste is to be disposed of through placement on or beneath the surface of the ground. However, the term does not include any of the following: (1) A land application operation regulated under 327 IAC 6. …

Sec. 5. A district may not do any of the following: (1) Exercise the right of eminent domain. (2) Incur indebtedness beyond available money. (3) Issue bonds. (4) Take contributions by exactions or persuasions. However, the district may accept voluntary contributions from any sour…

Sec. 6. Districts organized under this article or IC 13-3-1 (before its repeal) may cooperate with each other in carrying on the work of the districts. However, this section does not permit the transfer of authority or powers from one (1) district to another. [Pre-1995 Recodifica…

districts Sec. 7. (a) An: (1) agency of the state; or (2) county or other governmental subdivision of the state; that has jurisdiction over or is charged with the administration of publicly owned land lying within the boundaries of a district shall cooperate to the fullest extent…

Sec. 8. The fiscal body of each county that contains a district in whole or in part may appropriate money for the use of the district serving the county from which the appropriation is to be made. [Pre-1995 Recodification Citation: 13-3-1-11.] As added by P.L.1-1995, SEC.25.…

As added by P.L.185-1995, SEC.1. Repealed by P.L.95-2006, SEC.10.

Sec. 1. (a) Within twenty (20) days after an order establishing a district, the board of commissioners of the county shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district established by the court. (b) A director must hav…

Sec. 10. (a) Notwithstanding other provisions of this chapter, this section applies to all districts described in IC 14-33-9-4. (b) The following shall serve as advisory members of the board and have all privileges of membership except the right to vote: (1) The city engineer of …

Sec. 11. (a) The board of commissioners of the county shall appoint the initial directors for the following terms: (1) If there are three (3) or five (5) directors, the terms are as follows: (A) One (1) term expires at the next annual meeting. (B) One (1) term expires at the seco…

Sec. 12. (a) If a vacancy occurs on the board, the board shall vote to appoint a member to serve until the next annual meeting. (b) If the vote held under subsection (a) results in a tie, a judge of the circuit court of the county in which the district was established shall desig…

Sec. 13. The board shall by resolution fix the time for holding regular meetings, but the board shall meet at least quarterly each year. [Pre-1995 Recodification Citation: 13-3-3-37.] As added by P.L.1-1995, SEC.26.

Sec. 14. (a) Special meetings of the board may be called by the chairman or by two (2) members upon written request to the secretary. The secretary shall send to all members, at least three (3) days before a special meeting, a written notice fixing the time and place of the meeti…

Sec. 15. A majority of the board constitutes a quorum. An action of the board is official, however, only if authorized by a majority of the board at a regular or properly called special meeting. [Pre-1995 Recodification Citation: 13-3-3-39.] As added by P.L.1-1995, SEC.26.

Sec. 16. (a) Except as provided in subsection (b), upon approval of the initial district plan, the directors are entitled to compensation in an amount that the court orders, but not to exceed: (1) one hundred dollars ($100) for not more than two (2) regular or specially called bo…

Sec. 17. Immediately following appointment and immediately following each annual meeting of the district, the directors shall meet and elect a chairman and a vice chairman. The vice chairman may act as chairman during the absence or disability of the chairman. The chairman shall …

Sec. 18. (a) The board may appoint, prescribe the duties, and fix the compensation of the following: (1) A secretary. (2) A financial clerk. (3) An engineer. (4) Employees that are necessary for the discharge of duties and responsibilities of the board. (5) A district marshal and…

Sec. 19. (a) At the first meeting of the first board, the board shall adopt by majority vote a resolution designating the location in or near the district where the district will maintain an office. The board may adopt a resolution by majority vote at any meeting of the board to …

Sec. 2. (a) At each annual meeting of the district, directors shall be elected to fill vacancies on the board due to expiration of terms, resignation, or otherwise. The election shall be conducted by written ballots. Except as provided in subsection (c), to be elected an individu…

Sec. 20. The board shall do the following: (1) Exercise general supervision of and make regulations for the administration of the affairs of the district. (2) Prescribe uniform rules pertaining to investigations and hearings. (3) Supervise the fiscal affairs and responsibilities …

Sec. 20.5. (a) A board may adopt a resolution allowing money to be disbursed for lawful district purposes under this section. (b) Notwithstanding IC 5-11-10, with the prior written approval of the board, the financial clerk of the district may make claim payments in advance of bo…

Sec. 21. (a) If the board issues revenue bonds for the collection, treatment, and disposal of sewage and liquid waste, the board may do the following: (1) Subject to sections 21.1 and 21.2 of this chapter, establish just and equitable rates and charges and use the same basis for …

Sec. 21.1. (a) This section applies to a campground that: (1) is connected with the sewage works of a district established for the purpose described in IC 14-33-1-1(a)(5); or (2) uses or is served by the sewage works of a district established for the purpose described in IC 14-33…

commission Sec. 21.2. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2. (b) This section applies to an owner or operator of a campground described in section 21.1(b) or 21.1(c) of this chapter who disputes: (1) th…

Sec. 22. (a) The board may do the following: (1) Enter into agreement with and accept money from a federal or state agency or department. (2) By the agreement provide the manner in which resulting debt is evidenced, with: (A) the term; (B) the interest rate; and (C) the method an…

Sec. 23. The board may accept gifts of money or other property to be used for certain aspects of a general purpose for which the district is established. [Pre-1995 Recodification Citation: 13-3-3-47.] As added by P.L.1-1995, SEC.26.

Sec. 24. An interested person adversely affected by an action committed or omitted by the board in violation of this chapter may petition the court having jurisdiction over the district to enjoin or mandate the board. [Pre-1995 Recodification Citation: 13-3-3-48.] As added by P.L…

Sec. 3. (a) Beginning October 24 and not later than November 1, the board shall invite nominations to fill vacancies on the board at the next annual meeting by one (1) publication in a newspaper of general circulation in each county in the district. Each publication must do the f…

Sec. 4. (a) The annual meeting of the district must be held at the time designated by the court: (1) at the district's office; or (2) at a place in or near the district as determined by resolution of the board adopted before December 1 of the year. (b) Notice of the annual meetin…

Sec. 5. (a) Before the annual meeting, the board shall prepare the ballots and a list of the freeholders of the district, which must be certified by the county auditor and placed in the district's files. A deficiency in this process or an omission of the names of any freeholders …

Sec. 6. (a) At each annual meeting and before the election of directors, the chairman shall appoint three (3) freeholders of the district who are present at the annual meeting to act as clerks of and conduct the election. (b) Before the casting of a vote, each freeholder must sig…

Sec. 7. Promptly after appointment or election a director shall take the following oath: "I solemnly swear that I shall, to the best of my ability, strive to accomplish the purposes for which the district is established and properly to operate and maintain its works of improvemen…

Sec. 8. If a district fails to conduct an election of directors as provided by this chapter, any interested person of the district may petition the board of commissioners of the county to appoint a director to fill vacancies. The board of commissioners of the county shall make an…

Sec. 9. For the purposes of this chapter, if the district is composed of land from more than one (1) county, the board of commissioners of each county may participate in the following: (1) The appointment of the initial board. (2) The filling of vacancies on the board. [Pre-1995 …

Sec. 1. (a) A permit issued under IC 14-34-4 is valid for five (5) years unless the director grants a longer period under subsection (c). (b) The director may issue a permit with a validity period exceeding five (5) years if the following conditions are met: (1) The applicant dem…

Sec. 10. A permittee must submit to the department an annual report that reflects the status of the permittee's mining and reclamation activities for each permit. The form, content, and date of filing of the report required by this section shall be prescribed by rule adopted unde…

Sec. 2. (a) A permittee may not transfer, assign, or sell the rights granted under a permit without the written approval of the director. (b) A successor in interest to a permittee who: (1) applies for a new permit within thirty (30) days of succeeding to the interest; and (2) ob…

Sec. 3. (a) A permit terminates if the permittee has not commenced the surface coal mining and reclamation operations covered by the permit within three (3) years of the date of issuance of the permit. With respect to coal to be mined for use in a synthetic fuel facility or a spe…

Sec. 4. (a) A permittee may, within one hundred twenty (120) days before expiration of the current permit, apply to the director for renewal of a permit for a period not to exceed the validity period provided for in section 1 of this chapter. (b) After compliance with IC 14-34-4-…

Sec. 5. (a) During the term of the permit, the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the director. However, except for incidental boundary revisions, a new permit is required for any extensions to the permit…

[Pre-1995 Recodification Citation: 13-4.1-5-5.1.] As added by P.L.1-1995, SEC.27. Repealed by P.L.75-1998, SEC.14.)

Sec. 7. (a) A change in mining or reclamation operations from the approved mining and reclamation plans that would adversely affect the permittee's compliance with this article is a permit revision subject to review and approval as provided in this section and sections 8 through …

Sec. 8. (a) Unless an application for revision of a permit submitted under section 5 of this chapter is based only on nonsignificant revisions or minor field revisions, the application may be approved only after the notice and hearing requirements of this article for issuance of …

Sec. 8.1. For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is significant if any of the following conditions exists: (1) The changes may result in an adverse impact beyond that previously considered, affecting cultural resources that are listed on…

Sec. 8.2. For purposes of sections 7, 8, and 8.3 of this chapter, a proposed permit revision is nonsignificant if any of the following conditions exist: (1) For surface mines, changes of the: (A) direction of mining; or (B) location of mining equipment; within the permit area. (2…

Sec. 8.3. A nonsignificant revision in a mining or reclamation plan must be: (1) reviewed; and (2) approved in writing; by the director before it may be implemented. As added by P.L.75-1998, SEC.10.

Sec. 8.4. (a) For purposes of sections 7 and 8 of this chapter, a proposed revision of a permit is a minor field revision if the proposed change: (1) does not require technical review or design analysis; and (2) is capable of being evaluated in the field by the director's designa…

Sec. 8.5. An extension of the area covered by a permit, except for an incidental boundary revision under section 8.6 of this chapter, must be made by applying for a new permit. As added by P.L.75-1998, SEC.12.