Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 26. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to: (1) develop a plan to improve water quality or mitigate flooding in the pa…

Sec. 27. In developing a plan to improve water quality or mitigate flooding in the part of the basin described in a cooperative agreement entered into under section 26 of this chapter, the commission shall determine the best method and manner of improving water quality or mitigat…

mitigate flooding Sec. 28. (a) The commission shall schedule a public meeting in accordance with IC 5-14-1.5 in each participating county containing a political subdivision that has entered into a cooperative agreement under section 26(1) of this chapter authorizing the commissio…

Sec. 29. Before a plan is implemented by a political subdivision, the plan must be approved by the state in accordance with IC 14-25 through IC 14-29. As added by P.L.138-2018, SEC.10.

Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 6 of this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-1(f).] As added by P.L.1-1995, SEC.23.

Sec. 3.5. As used in this chapter, "plan" refers to a plan described in section 26(1) of this chapter. As added by P.L.138-2018, SEC.3.

Sec. 30. The commission may adopt rules to do the following: (1) Require that increased water runoff resulting from new construction be impounded on the construction site. (2) Permit the requirement of onsite water impoundment under subdivision (1) to be waived upon payment of a …

flood plains Sec. 31. (a) For the purposes of this chapter, the commission may do the following: (1) Acquire by grant, gift, purchase, or devise, and dispose of, conservation easements under IC 32-23-5 in land within the one hundred (100) year flood plains and the wetlands in the…

Sec. 32. (a) The commission, the executive board, or 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 in the basin; and (2) enter land lying outside t…

into a watershed development commission Sec. 33. (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. (b) For t…

Sec. 4. As used in this chapter, "St. Joseph River basin" means the area in Elkhart County, Kosciusko County, LaGrange County, Noble County, St. Joseph County, and Steuben County that drains into the St. Joseph River. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As add…

Sec. 5. The St. Joseph River basin commission is established as a separate municipal corporation. [Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.] As added by P.L.1-1995, SEC.23.

Sec. 6. The executive of a county that includes territory in the basin may do the following: (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation. [Pre-1995 Recodification Citation: 36-7-6.2-1(e).] As added by …

Sec. 7. After consultation with the surveyor of each county in the basin, the director shall certify the boundaries of the basin. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As added by P.L.1-1995, SEC.23.

Sec. 8. The commission consists of the following individuals: (1) From each participating county the following: (A) The executive of each second class city or the executive's designee. (B) If the county does not have a second class city, the executive of the municipality with the…

Sec. 9. The term of office of an appointed member of the commission is three (3) years and continues until a successor is appointed and certified. [Pre-1995 Recodification Citation: 36-7-6.2-2(b).] As added by P.L.1-1995, SEC.23.

Sec. 1. As used in this chapter, "buy" includes the following: (1) Offer to buy. (2) Trade or offer to trade. (3) Barter or offer to barter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24.

Sec. 10. (a) Wild ginseng may not be harvested except during harvest season. (b) Ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorizatio…

Sec. 12. The department may carry out scientific research on ginseng to determine the following: (1) The distribution and abundance of ginseng throughout Indiana. (2) The effects of current and future harvesting and cultivation practices on the survival of ginseng in Indiana. [Pr…

Sec. 13. The department may establish ginseng harvesting quotas based on the results of research and data collection. [Pre-1995 Recodification Citation: 14-4-8-8.] As added by P.L.1-1995, SEC.24.

Sec. 14. (a) The department may adopt rules under IC 4-22-2 that are necessary to carry out this chapter. (b) The commission shall adopt rules under IC 4-22-2 to do the following: (1) Establish the harvest season. (2) Establish the selling season. (3) Establish the part of a year…

Sec. 15. A ginseng dealer who: (1) purchases or sells ginseng for resale or exportation without a license; or (2) obtains a license because of a false or an incorrect statement; commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(a).] As added by P.L.1-199…

Sec. 16. A person who harvests ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(b).] As added by P.L.1-1995, SEC.24.

Sec. 17. A person who possesses unprocessed ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(c).] As added by P.L.1-1995, SEC.24.

Sec. 18. A person who harvests ginseng in an amount greater than a quota established under section 13 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 14-4-8-10(d).] As added by P.L.1-1995, SEC.24.

Sec. 19. A ginseng dealer who buys, sells, or possesses ginseng in violation of section 10 of this chapter commits a Class B misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(e).] As added by P.L.1-1995, SEC.24.

Sec. 2. (a) As used in this chapter, "ginseng" refers to American ginseng (Panax quinquefolius L.). (b) The term does not include ginseng that is: (1) ready for consumption; and (2) sold or bought at retail. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-199…

Sec. 20. A person who, without written authorization from the department, takes or sends from Indiana ginseng that is harvested in Indiana in violation of section 9 of this chapter commits a Class A misdemeanor. [Pre-1995 Recodification Citation: 14-4-8-10(f).] As added by P.L.1-…

Sec. 21. A person who knowingly or intentionally: (1) takes or sends from Indiana ginseng that was harvested in another state for export from the United States; or (2) receives ginseng that was harvested in another state for export from the United States; without written authoriz…

Sec. 3. (a) As used in this chapter, "ginseng dealer" means a person who buys or sells ginseng roots from ginseng harvesters or other ginseng dealers for resale or exportation. (b) The term does not include a person who sells solely for domestic consumption. [Pre-1995 Recodificat…

Sec. 4. As used in this chapter, "harvest season" means the season established by the commission under section 14(b)(1) of this chapter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.1.

Sec. 5. As used in this chapter, "sell" includes the following: (1) Trade. (2) Barter. (3) Offer to sell, trade, or barter. [Pre-1995 Recodification Citation: 14-4-8-1 part.] As added by P.L.1-1995, SEC.24.

Sec. 6. As used in this chapter, "wild ginseng" means ginseng in or harvested from the ginseng's native habitat, whether the ginseng: (1) occurs naturally from that habitat; or (2) was introduced or increased in abundance by: (A) sowing ginseng seed; or (B) transplanting ginseng …

Sec. 7. A person must have a license issued by the department to be a ginseng dealer in Indiana. [Pre-1995 Recodification Citation: 14-4-8-2.] As added by P.L.1-1995, SEC.24.

Sec. 8. (a) To obtain a ginseng dealer's license, a person must do the following: (1) Apply to the department for the license in the manner prescribed by the department. (2) Pay a license fee of one hundred dollars ($100) before August 15 of each year. (b) A ginseng dealer's lice…

Sec. 9. (a) As used in this section, "selling season" means the season established by the commission under section 14(b)(2) of this chapter. (b) Each ginseng dealer shall submit a summary of all ginseng purchased and sold by the ginseng dealer during the selling season to the dep…

Sec. 1. Any area may be established as a district if each part of the district is contiguous to another part. A municipality may be included in whole or in part in the district only if at least one (1) of the following conditions exist: (1) The freeholders in the municipality or …

Sec. 2. (a) This section applies to a district described in IC 14-33-9-4. (b) If one (1) purpose of the district is flood control, the commission and the court in establishing the boundaries of the district under this article shall consider all watersheds affected by the flooding…

Sec. 3. A parcel of land may be included in two (2) districts established for the same purpose only with the written consent of all the owners of the land. [Pre-1995 Recodification Citation: 13-3-3-99.] As added by P.L.1-1995, SEC.26.

district under certain circumstances Sec. 4. (a) This section applies if: (1) a conservancy district is established under IC 14-33-1-1(a)(5) for purposes that include providing for the collection, treatment, and disposal of sewage and other liquid wastes; (2) a tract of land is l…

Sec. 1. A person may not open, develop, or operate a new or previously mined or abandoned site for surface coal mining operations in Indiana without holding a valid surface coal mining and reclamation permit. [Pre-1995 Recodification Citation: 13-4.1-3-1.] As added by P.L.1-1995,…

limitation on enforcement of section and rules Sec. 10. (a) The director may require a permit applicant to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in …

Sec. 11. (a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the operator for whom the costs were assumed shall reimburse the department for the costs if any of the following conditions exist: (1) The actual and attri…

Sec. 12. (a) Each reclamation plan submitted as part of a permit application as required by section 3 of this chapter must include the following, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished: (1) The: (A) identific…

Sec. 13. To encourage advances in coal mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, recreational, or public use, the director may, with the approval of the United States Secretary of the Interior, permit departures in i…

Sec. 14. The director shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the following: (1) The federal Endangered Species Act of 1973 (16 U.S.C. 1531 et se…

Sec. 2. A person must make application for a surface coal mining and reclamation permit to the director on a form prescribed by the director. [Pre-1995 Recodification Citation: 13-4.1-3-2(a).] As added by P.L.1-1995, SEC.27.

Sec. 3. An application for a surface coal mining and reclamation permit must include the following: (1) The names and addresses of the following: (A) The permit applicant. (B) Every legal owner of record of the property (surface and mineral) to be mined. (C) The holders of record…

test borings, core samplings, or soil samples Sec. 4. The information required by section 3 of this chapter pertaining to coal seams, test borings, core samplings, or soil samples is available for inspection by any person with an interest that is or may be adversely affected by t…

samplings Sec. 5. Upon the written request of the operator and if the director finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, a qualified public or private laboratory design…