Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 11. (a) The board may call upon the attorney general for the legal services that the board requires. (b) For the purpose of carrying out any of the board's functions, the supervising officers of a state agency or of a state educational institution shall, upon request of the …

Sec. 12. The board shall do the following: (1) Provide for the execution of surety bonds for all board employees and officers who are entrusted with money or property. (2) Provide for the keeping of a full and accurate record of all board proceedings and of all resolutions and ru…

Sec. 13. The board may perform the acts and hold the public hearings that are necessary for the execution of the board's functions under this article. [Pre-1995 Recodification Citation: 13-3-1-4(a) part.] As added by P.L.1-1995, SEC.25.

Sec. 2. The board consists of the following seven (7) members: (1) Four (4) members who must be land occupiers with farming interests, appointed by the governor. (2) Three (3) members who must be land occupiers with nonfarming interests, appointed by the governor. [Pre-1995 Recod…

Sec. 3. (a) A majority of the seven (7) appointed members of the board must have experience as district supervisors. (b) In making appointments to the board, the governor may invite and consider the recommendations of the following: (1) The Purdue University cooperative extension…

Sec. 4. The term of an appointed member of the board is four (4) years. An appointed member shall serve until a successor is appointed and has qualified. The terms shall be staggered so that at least three (3) members are appointed every two (2) years. [Pre-1995 Recodification Ci…

Sec. 5. The appointed members of the board are entitled to the following: (1) Reimbursement for travel, lodging, meals, and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget ag…

Sec. 7. (a) The governor may appoint advisory members from other organizations that promote conservation, including local, state, and federal agencies upon the recommendation of the board. (b) The governor shall appoint members to the advisory board that represent the following: …

Sec. 8. (a) The members of the board shall elect a member as the chairman of the board. (b) The director of the division of soil conservation established within the Indiana state department of agriculture by IC 15-11-4-1 is the secretary of the board. [Pre-1995 Recodification Cit…

Sec. 9. A majority of the members of the board constitutes a quorum. The concurrence of a majority of the members is required for the board to take any action. [Pre-1995 Recodification Citation: 13-3-1-4(c) part.] As added by P.L.1-1995, SEC.25.

Sec. 1. Freeholders who desire the establishment of a district must initiate proceedings by filing a petition in the office of the clerk of the circuit court with jurisdiction in the county containing the most land within the proposed district. [Pre-1995 Recodification Citation: …

Sec. 10. (a) A court in which a petition is filed shall order the proceedings transferred to the court having jurisdiction under section 9 of this chapter if: (1) the petition was filed in the wrong court by mistake; or (2) the petition is amended so that another county has more …

Sec. 11. Upon receipt of a petition for the establishment of a district, the court shall docket the petition as a civil case and set a date for hearing. The court shall give priority to the hearing in determining the date, but the court must allow at least thirty (30) days for in…

Sec. 12. (a) This subsection applies only to a petition by freeholders. The petitioners shall give notice of hearing on the petition as follows: (1) By publication in two (2) newspapers of general circulation in each county having land in the proposed district, three (3) times at…

Sec. 13. Notice of the hearing on a petition serves as notice of all further proceedings in connection with the district. [Pre-1995 Recodification Citation: 13-3-3-18.] As added by P.L.1-1995, SEC.26.

Sec. 14. The notice of the hearing on the petition, in addition to all other requirements, must contain the following: (1) A statement that a petition for a district is before the court. (2) A statement of each purpose for which the district is proposed. (3) A statement as to whi…

Sec. 15. (a) A petition against the establishment of a district may be presented to the court: (1) at the hearing on a petition; or (2) at any time thereafter before the fifth day before the hearing day initially ordered by the court after the receipt of the commission's report. …

Sec. 16. (a) At the hearing on a petition for the establishment of a district, the court shall determine whether the petition: (1) bears the necessary signatures; and (2) complies with the requirements as to form and content. (b) The court may not dismiss a petition with the requ…

Sec. 17. (a) This section applies to all districts, except for districts described in section 18 of this chapter. (b) If the court determines that a petition conforms to the requirements, the court shall enter an order referring the petition to the commission. (c) The commission …

Sec. 18. (a) This section applies only to a district to be located in a county having a population of more than one hundred seventy-four thousand (174,000) and less than one hundred eighty thousand (180,000). (b) If the court determines that a petition conforms to the requirement…

Sec. 19. (a) In determining the facts, the division of water, on behalf of the commission, shall do the following: (1) Hold hearings at which the division of water shall give any interested person the right to be heard. (2) At the request of an interested person, hold hearings at…

Sec. 2. A petition filed under section 1 of this chapter must be signed by freeholders owning land in the proposed district. The signatures of freeholders on the petition must be sufficient to satisfy both of the following requirements: (1) The freeholders signing the petition mu…

Sec. 20. The expenses of the hearings and other expenses of necessary investigations and surveys, together with any expense incurred by the commission in subsequent studies of district plans, are payable initially out of the general money of the commission. The district shall rep…

Sec. 21. (a) If a proposed purpose is within the administrative jurisdiction of another state agency, the commission shall request technical assistance of the agency and give full weight to the agency in making a report to the court. (b) State agencies shall furnish assistance to…

Sec. 22. The commission, in coordination with the department, shall make a report of the commission's findings to the court, including findings on the territorial limits of the proposed district. The commission shall make this report within one hundred twenty (120) days after the…

Sec. 23. The factfinding report of the commission on the proposed district is prima facie evidence of the facts stated in the report in all subsequent proceedings. [Pre-1995 Recodification Citation: 13-3-3-27.] As added by P.L.1-1995, SEC.26.

Sec. 24. (a) The court may permit amendments to a petition to conform to the findings of the commission. (b) If a petition is amended to include additional land other than the land published in the notice for hearing on the petition, the court may make a final determination on th…

Sec. 25. (a) Upon receipt of the commission's report, the court shall set a date for a hearing. The court shall give priority to this hearing in determining the date, but the court must allow at least twenty-one (21) days for interested persons, including petitioners, to file exc…

Sec. 26. (a) If the court finds at the hearing that: (1) the only purpose of the district is water supply or sewage disposal, or both; and (2) the public health is not served immediately or prospectively by the establishment of the district; the court shall dismiss the petition. …

Sec. 27. (a) If the court orders a district established, the court shall in the order establishing the district determine the following: (1) The number of directors to serve on the board and the procedures for the election of the directors. (2) The division of the district into a…

Sec. 28. An order: (1) dismissing a petition; or (2) establishing a district; may be appealed to the supreme court within thirty (30) days. [Pre-1995 Recodification Citation: 13-3-3-31.] As added by P.L.1-1995, SEC.26.

Sec. 29. If: (1) a district is established by order of the court and an appeal is not taken within thirty (30) days; or (2) an order establishing a district is affirmed by the supreme court; the establishment of the district is final and may not be directly or collaterally questi…

Sec. 3. To determine the number of freeholds in the proposed district and the number or proportion of freeholders owning land in the district qualified to sign a petition for establishment, the following apply: (1) Only one (1) freeholder's signature may be counted for any one (1…

Sec. 30. If a petition is dismissed: (1) because the court finds the evidence does not support the petition according to section 26 of this chapter; or (2) according to section 15 of this chapter; a new petition may not be addressed to any court to establish a district with essen…

Sec. 4. A petition must contain the following: (1) The name for the proposed district, which should be in the form of "_________ Conservancy District". (2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the …

Sec. 5. If: (1) a petition is conditioned upon a promise of federal money; and (2) the responsible federal agency informs the court that federal money is not available for the district as proposed by the petition or amendments to the petition; the petitioners may move that the pe…

Sec. 6. A petition may be circulated in several counterparts and still constitute a single petition. [Pre-1995 Recodification Citation: 13-3-3-11.] As added by P.L.1-1995, SEC.26.

Sec. 7. A municipality (as defined in IC 36-1-2) may file a petition to initiate a proposed district by ordinance adopted by the legislative body (as defined in IC 36-1-2). The proposed district may include land: (1) solely inside the municipality; or (2) partially inside and par…

Sec. 8. (a) The petitioners must post a bond sufficient to pay the cost of notice and all legal costs of the court connected with the proceedings in case the court refuses to establish the district and dismisses the petition. (b) The petitioners shall pay the cost of notice and a…

Sec. 9. The circuit court, superior court, or probate court with jurisdiction in the county having the most land in the proposed district has exclusive jurisdiction over the establishment of the district. If the district is established, this court also has exclusive jurisdiction …

Sec. 1. The commission shall do the following: (1) Adopt rules under IC 4-22-2 that do the following: (A) Effectuate the purposes of this article. (B) Take into account the following: (i) The terrain, climate, biologic, chemical, and other physical conditions in those areas of In…

Sec. 2. (a) An administrative law judge with the office of administrative law proceedings is the ultimate authority for the department for an administrative adjudication proceeding under this article. (b) An order made by an administrative law judge with the office of administrat…

Sec. 3. The director shall do the following: (1) Supervise the administration and enforcement of the following: (A) This article. (B) The rules adopted under this article. (2) Conduct the necessary investigations and inspections for the proper administration of this article. (3) …

Sec. 4. (a) The director may do the following: (1) Apply for, accept, and use money from any legal source to aid in carrying out the purposes of this article. (2) Conduct research related to coal mining activities. (3) Collect and distribute information relating to mining activit…

Sec. 5. The director may delegate any powers and duties assigned to the director in this article to other employees of the department. [Pre-1995 Recodification Citation: 13-4.1-2-2(c).] As added by P.L.1-1995, SEC.27.

Sec. 6. (a) An employee of the department who has a duty under this article may not have a direct or an indirect financial interest in a surface coal mining operation. (b) In addition to the filings required under IC 35-44.1, each member of the commission shall file annually with…