Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 1. This chapter does not apply to the human remains of individuals who die after December 31, 1939. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.

Sec. 10. As used in this chapter, "review board" refers to the historic preservation review board established by this chapter. [Pre-1995 Recodification Citation: 14-3-3.4-1 part.] As added by P.L.1-1995, SEC.14.

Sec. 10.4. As used in this chapter, "state college or university project" means a project of a state college or university that involves the construction, renovation, or demolition of one (1) or more buildings. As added by P.L.135-1996, SEC.2.

Sec. 11. The division of historic preservation and archeology shall administer and develop the programs and policies established by this chapter. [Pre-1995 Recodification Citation: 14-3-3.4-2 part.] As added by P.L.1-1995, SEC.14.

Sec. 12. The division shall do the following: (1) Develop a program of historical, architectural, and archeological research and development, including continuing surveys, excavations, scientific recording, interpretation, and publication of the state's historical, architectural,…

Sec. 13. The division may do the following: (1) Recommend the purchase, lease, or gift of historic property of archeological importance and make recommendations to the director, council, and commission regarding policies affecting the operation and administration of these sites a…

Sec. 13.5. (a) The division may conduct a program to survey and register in a registry of Indiana cemeteries and burial grounds that the division establishes and maintains all cemeteries and burial grounds in each county in Indiana. The division may conduct the program alone or b…

Sec. 14. (a) This section does not apply to real property that is owned by a state educational institution. (b) The Indiana department of administration shall notify the division of a proposed transfer of real property owned by the state at the earliest planning stage and not lat…

Sec. 15. The division shall do the following: (1) Undertake a statewide survey to identify and document historic sites and historic structures. (2) Prepare and maintain a register of Indiana historic sites and historic structures and establish criteria for the listing of historic…

Sec. 16. (a) Except as provided in section 18 and sections 25 through 27 of this chapter, a person who, without a permit, conducts a field investigation or alters historic property within the boundaries of property owned or leased by the state commits a Class A infraction. (b) No…

Sec. 17. (a) Any person may nominate a site or structure for addition to or removal from the register. Upon approval of the nomination by the division, all affected persons shall be notified. (b) If an objection to the action is not filed with the division within thirty (30) days…

Sec. 18. (a) A: (1) historic site or historic structure owned by the state; or (2) historic site or historic structure listed on the state or national register; may not be altered, demolished, or removed by a project funded, in whole or in part, by the state unless the review boa…

Sec. 18.6. (a) As used in this section, "substantial alteration" means a conspicuous, exterior material change in a historic site or historic structure which, in the good faith judgment of a state college or university, affects the historic character of the historic site or histo…

Sec. 19. The director is designated as the state historic preservation officer. [Pre-1995 Recodification Citation: 14-3-3.4-10.] As added by P.L.1-1995, SEC.14.

Sec. 2. As used in this chapter, "artifact" means: (1) a feature that is: (A) nonportable evidence of past human behavior or activity; (B) found on or in the ground, including structural remains; and (C) formed before December 31, 1870; or (2) an object made, modified, or used be…

Sec. 20. (a) The historic preservation review board is established. (b) The review board consists of nine (9) members as follows: (1) The director or the director's designee. (2) At least five (5) individuals meeting minimum professional requirements established by the United Sta…

Sec. 21. The director is chairman of the review board. The review board may select other officers that the review board determines. [Pre-1995 Recodification Citation: 14-3-3.4-12(f).] As added by P.L.1-1995, SEC.14.

Sec. 22. (a) The review board shall carry out the duties: (1) required by this chapter; and (2) as required under 16 U.S.C. 470 et seq. and the regulations relating to 16 U.S.C. 470 et seq. (b) The review board shall also advise the division and the department as requested by the…

Sec. 23. (a) Each member of the review board who is not a state employee is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) for each day that the member is engaged in the official business of the committee. The member is also entitled to reimbursement for…

Sec. 24. (a) As used in this section, "agricultural purpose" includes farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, ornamental horticulture, olericulture, pomiculture, animal husbandry, and poultry husbandry. (b) Sections 25, 26, 28, and 29 o…

Sec. 25. (a) The commission shall adopt rules establishing standards for plans. (b) With respect to archeological plans, the rules must impose a standard of conduct that does the following: (1) Promotes the scientific investigation and conservation of past cultures. (2) Considers…

Sec. 25.1. An application for approval of a development plan under section 26.5 of this chapter must be filed with the division and include the following: (1) A signed cover letter from the applicant on letterhead with the following information: (A) The identity of the person who…

Sec. 26. (a) A person who disturbs the ground for the purpose of discovering, uncovering, or moving artifacts, burial objects, or human remains must do so in accordance with a plan approved by the department under section 25 of this chapter or under IC 14-3-3.4-14 (before its rep…

Sec. 26.5. (a) Notwithstanding IC 23-14-44-1, this section does not apply to the following: (1) A public utility (as defined in IC 8-1-2-1(a)). (2) A corporation organized under IC 8-1-13. (3) A municipally owned utility (as defined in IC 8-1-2-1(h)). (4) A surface coal mining an…

Sec. 27. (a) A person who disturbs buried human remains or burial grounds shall do the following: (1) Notify the department within two (2) business days of the time of the disturbance. (2) Treat or rebury the human remains in a manner and place according to rules adopted by the c…

Sec. 28. A person who recklessly, knowingly, or intentionally disturbs human remains or grave markers while moving, uncovering, or removing artifacts or burial objects either: (1) without a plan approved by the department under: (A) section 25 of this chapter; or (B) IC 14-3-3.4-…

Sec. 29. (a) A person who discovers, uncovers, or moves an artifact or burial object while disturbing the ground for a purpose other than the discovery, uncovering, or moving of artifacts or burial objects shall do the following: (1) Immediately cease disturbing the ground and th…

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…

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 …

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…

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…

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.

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 divisi…

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…

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…

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.

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.

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.

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…

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.

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…

Sec. 1.5. This article does not apply to legally owned captive bred cervidae. As added by P.L.89-2016, SEC.6.

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.

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…

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…

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…