Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 18. (a) Each permit issued by the director is subject to conditions imposed by the director. The conditions must include at a minimum a requirement for the operator to pay to the federal Office of Surface Mining all fees owed under 30 CFR Part 870. (b) The director may issue…

Sec. 2. (a) The director shall give notice to the following: (1) Various local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies in the county in which the proposed surface coal mining operation will take place. (2) All federal or …

Sec. 3. (a) The local bodies, agencies, authorities, or companies notified under section 2 of this chapter may, within thirty (30) days of notification, submit written comments concerning the permit applications with respect to the effect of the proposed surface coal mining opera…

Sec. 4. (a) A person with an interest that is or may be adversely affected by a proposed surface coal mining operation or the officer or head of a federal, state, or local governmental agency or authority may: (1) file written objections to the proposed initial or revised applica…

Sec. 5. (a) If written objections are filed and an informal conference or a public hearing is requested, the director shall hold the conference or public hearing in the locality of the proposed surface coal mining operation within a reasonable time of receipt of the objections or…

Sec. 6. A public hearing shall be held on the proposed initial or revised application for a permit if any of the following conditions exist: (1) The applicant requests a public hearing under section 4 of this chapter. (2) A petition is filed with the director requesting a public …

Sec. 7. (a) The applicant has the burden of establishing that the application complies with all the requirements of this article. The director may not approve a permit or revision application unless the application affirmatively demonstrates and the director finds the following: …

Sec. 8. (a) As used in this section, "applicant" or "operator" includes the following: (1) The officers, partners, or directors of the applicant or operator. (2) The officers, partners, or directors of applicants or operators under IC 14-36-1. (b) The director may not issue a per…

Sec. 8.5. The: (1) finding required by section 7(a)(6) of this chapter; and (2) prohibition on the issuance of a permit in section 8 of this chapter; do not apply to a violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligibl…

Sec. 9. (a) This section does not apply to an existing surface coal mining operation that held a valid permit on August 3, 1977, with continuous permits since that date. (b) In addition to finding the application in compliance with section 7 of this chapter, if the proposed minin…

Sec. 1. The interstate mining compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE 1 Findings and Purposes (a) The party states find that: (1) Mining and the contributions thereof to…

Sec. 2. The natural resources commission is the advisory body referred to in Article 5(a) of the Interstate Mining Compact. [Pre-1995 Recodification Citation: 14-4-2.2-2.] As added by P.L.1-1995, SEC.28.

Sec. 3. In accordance with Article 5(i) of the Interstate Mining Compact, the Interstate Mining Commission shall file copies of its bylaws and amendments to the bylaws with the following: (1) The office of the governor. (2) The division of reclamation. (3) The department of natur…

Sec. 1. A person may not drill, deepen, operate, or convert a well for oil and gas purposes without a permit issued by the department. [Pre-1995 Recodification Citation: 13-8-5-1.] As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.2; P.L.78-2010, SEC.4; P.L.42-2011, SEC…

Sec. 10. A permit for a well for oil and gas purposes, other than a permit for a Class II well, continues until: (1) the well is plugged and abandoned; (2) the well is converted to another type of well for oil and gas purposes; or (3) the permit is revoked. [Pre-1995 Recodificati…

Sec. 11. A permit for a well for oil and gas purposes expires one (1) year from the date of issuance unless the drilling of the well has commenced. [Pre-1995 Recodification Citation: 13-8-5-11.] As added by P.L.1-1995, SEC.30. Amended by P.L.80-2005, SEC.4.

Sec. 12. A permit for a Class II well continues until the well is plugged and abandoned, unless the permit is revoked, expired, or otherwise terminated. [Pre-1995 Recodification Citation: 13-8-5-12.] As added by P.L.1-1995, SEC.30.

Sec. 13. (a) The director may issue an emergency permit for a well for oil and gas purposes if an imminent and substantial danger to the health of persons will result unless an emergency permit is granted. An emergency permit under this subsection is effective no longer than nece…

Sec. 14. To transfer the ownership of a permit for a well for oil or gas purposes, a person must submit the following: (1) A transfer fee of fifteen dollars ($15) payable to the department for each well. However, if an applicant submits more than fifty (50) applications simultane…

Sec. 15. (a) The department may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates section 1 or 2 of this chapter. (b) A person who knowingly or intentionally violates section 1 or 2 of this chapter commits a Level 6 felony if the…

Sec. 2. (a) An owner or operator: (1) shall comply with the conditions of a permit as determined by the department; (2) may not raise as a defense to an enforcement action by the department that compliance with the conditions of the permit constitutes an economic hardship; (3) sh…

Sec. 3. A permit does not convey to the owner or operator a property right or an exclusive privilege. [Pre-1995 Recodification Citation: 13-8-5-3.] As added by P.L.1-1995, SEC.30.

Sec. 4. A person must apply for a permit under this chapter on a form prescribed by the commission. [Pre-1995 Recodification Citation: 13-8-5-4.] As added by P.L.1-1995, SEC.30.

Sec. 5. An application for a permit must include the following: (1) A plat of the land or lease upon which the well is to be located, together with all property and lease lines and the acreage within the tract. (2) The location of the proposed well as certified by a professional …

Sec. 6. (a) A person must submit the following with an application for a permit: (1) A bond under IC 14-37-6. (2) A permit fee of two hundred fifty dollars ($250) payable to the department. However, a person may apply for an expedited review of the application for a permit, excep…

Sec. 7. An application must be signed by: (1) the person; or (2) an authorized agent of the person; who is the operator named in the proposed permit. [Pre-1995 Recodification Citation: 13-8-5-7.] As added by P.L.1-1995, SEC.30.

Sec. 8. (a) Except as provided in section 9 of this chapter and subject to subsections (b) and (c), if an applicant for a permit complies with: (1) this article; and (2) the rules adopted under this article; the director shall issue a permit. (b) The division shall: (1) maintain …

Sec. 8.5. (a) For purposes of this section, "waste" means locating, spacing, drilling, equipping, operating, or producing a well for coal bed methane purposes in a manner that unreasonably reduces or tends to unreasonably reduce the quantity of commercially minable coal resources…

Sec. 9. The department may refuse to issue a permit if an applicant or an officer, a partner, or a director of the applicant: (1) is in violation of this article or would be in violation if the permit were issued; or (2) controls or has controlled a well for oil and gas purposes …

Sec. 1. The department may revoke a permit issued under an article to which this article applies if the department finds any of the following: (1) The permit was issued through fraud or misrepresentation. (2) The person to whom the permit was issued has violated an article to whi…

Sec. 2. (a) If a permit is revoked under this chapter, the department may do either or both of the following: (1) Order the person to mitigate the violation. (2) Mitigate the violation. (b) The revocation of a permit under this chapter does not relieve the person to whom the perm…

Sec. 3. (a) If the department has authority to assess a civil penalty for the violation of a statute in an article described in IC 14-25.5-1-1, the department also has authority to assess a civil penalty for the violation of a rule adopted in connection with that statute. (b) Eac…

Sec. 4. (a) A civil penalty assessed for a violation described in section 3 of this chapter is subject to IC 4-21.5-3-6 and becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative adjudication under IC 4-21.5 not later than thirty (30) …

Sec. 5. The division director may request the attorney general to institute an action in an appropriate court for the following: (1) The recovery of civil penalties owed for a violation described in section 3 of this chapter. (2) To restrain a person from commencing to violate or…

Sec. 1. (a) The board of a watershed development commission consists of the following individuals: (1) If the designated watershed includes the Maumee River basin the following: (A) The director of the department or the director's designee. (B) The county surveyor of each county …

Sec. 2. (a) The voting members of the board of a watershed development commission shall elect the following officers: (1) A chair. (2) A vice chair. (3) A secretary-treasurer. (b) When one (1) or more additional counties that are entitled to representation on the board of a water…

Sec. 3. (a) The board of a watershed development commission shall meet: (1) at least four (4) times per calendar year; and (2) on the call of either of the following: (A) The chair. (B) A quorum of the members of the board. (b) A majority of the voting members of a board constitu…

Sec. 4. A member of the board of a watershed development commission is not entitled to receive any compensation for performance of the member's duties except that a member is entitled to a minimum salary per diem from the watershed development commission for the member's particip…

Sec. 5. (a) There is established for each watershed development commission an advisory committee to provide counsel to the board of the commission. (b) Except as provided in subsection (c), a watershed development commission advisory committee established under this section consi…

Sec. 6. (a) The board of a watershed development commission may establish an ad hoc advisory committee other than the advisory committee established under section 5 of this chapter to advise the board on one (1) or more particular subjects. (b) The board may appoint to an ad hoc …

Sec. 7. A member of an advisory committee established under section 5 of this chapter or a member of an ad hoc advisory committee established under section 6 of this chapter is not entitled to compensation for the member's services. As added by P.L.251-2023, SEC.13.

Sec. 1. As used in this chapter, "fund" refers to the revolving fund of a division. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.2.

Sec. 2. All money accruing to the use of a division, other than a regular or specific appropriation made by the general assembly, is considered to constitute a revolving fund for the use of the division. [Pre-1995 Recodification Citation: 14-3-1-18 part.] As added by P.L.1-1995, …

Sec. 3. Money in a fund does not revert to the state general fund at the end of a state fiscal year. [Pre-1995 Recodification Citation: 14-3-1-18 part.] As added by P.L.1-1995, SEC.2. Amended by P.L.66-2008, SEC.2.

Sec. 4. (a) As used in this section, "account" means the Indiana sportsmen's benevolence account established by subsection (b). (b) The Indiana sportsmen's benevolence account is established within the fund for the division of law enforcement to encourage citizen participation in…

Sec. 1. The attorney general and prosecuting attorneys shall rigidly enforce this title. [Pre-1995 Recodification Citation: 14-3-1-23.] As added by P.L.1-1995, SEC.4.