Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 1. A person may not sponsor, conduct, or hold a boat race or water ski event upon public water, including ice, unless a permit for a boat race or water ski event has been issued by the department. A person who has been issued a permit may not violate or fail to comply with a…

Sec. 2. Before issuing a permit for a motorboat race or water ski event, the department shall investigate as necessary. If the department finds that a motorboat race or water ski event can be conducted and held with safety and without undue interference with the lawful use of pub…

Sec. 3. A person who violates section 1 of this chapter commits a Class C infraction. [Pre-1995 Recodification Citation: 14-1-1-59 part.] As added by P.L.1-1995, SEC.8. Amended by P.L.195-2014, SEC.7.

Sec. 1. This chapter applies to land that: (1) was owned by the state as of May 16, 1927; (2) borders upon or lies adjacent to a lake or stream; and (3) is not otherwise used or occupied or intended for use or occupation by an institution, a department, or an office of the state …

Sec. 2. Subject to section 3 of this chapter, land described in section 1 of this chapter is under the charge, management, control, and supervision of the department. [Pre-1995 Recodification Citation: 14-3-10-1 part.] As added by P.L.1-1995, SEC.11.

Sec. 3. The state reserves the power to sell, transfer, and convey, as provided by law, rights-of-way in land that is subject to this chapter for railroads, street and interurban railroads, switch tracts, lateral railroads, pipelines, gas pipelines, water pipelines, sewer lines, …

Sec. 1. The commission shall receive and accept, for and on behalf of the state, the Whitewater canal system, including the feeder dam and reservoir at Laurel, Indiana, the canal, locks, aqueduct, and all other miscellaneous structures belonging to the Whitewater Canal Associatio…

Sec. 2. The real property is accepted on condition that the officers of the Whitewater Canal Association transfer the property to the state free of encumbrances. In consideration the state pledges the state's faith to maintain the real property conveyed and transferred as a publi…

Sec. 1. As used in this chapter, "family member" means a relative or descendant of a person buried in a cemetery. As added by P.L.68-2012, SEC.4.

Sec. 2. As used in this chapter, "invitee" means an individual who has been given permission by a landowner to visit a cemetery located on the landowner's property. As added by P.L.68-2012, SEC.4.

Sec. 3. The owner of land that is classified under IC 6-1.1-6.8 as cemetery land must allow family members of persons buried in the cemetery at least three (3) days each year during which the family members may gain access to and visit the cemetery. The date or dates on which fam…

access to cemetery land Sec. 4. The following apply when a landowner grants access to a cemetery that is classified under IC 6-1.1-6.8: (1) Except for an injury that is a direct result of a landowner's gross negligence or willful and wanton misconduct, the landowner is immune fro…

Sec. 1. As used in this chapter, "fund" refers to the deer research and management fund established by this chapter. [Pre-1995 Recodification Citation: 14-3-19-1.] As added by P.L.1-1995, SEC.15.

Sec. 2. The deer research and management fund is established. [Pre-1995 Recodification Citation: 14-3-19-2 part.] As added by P.L.1-1995, SEC.15.

Sec. 3. The department shall administer the fund. [Pre-1995 Recodification Citation: 14-3-19-2 part.] As added by P.L.1-1995, SEC.15.

Sec. 4. The money in the fund shall be used for deer research and management. [Pre-1995 Recodification Citation: 14-3-19-3.] As added by P.L.1-1995, SEC.15.

Sec. 5. Money remaining in the fund at the end of a state fiscal year does not revert to the state general fund. If the fund is abolished, the money in the fund reverts to the fish and wildlife fund. [Pre-1995 Recodification Citation: 14-3-19-4.] As added by P.L.1-1995, SEC.15.…

Sec. 1. The department, acting through the director and the state forester, shall establish and equip a firefighting organization within the division of forestry for the purpose of detecting, preventing, fighting, and controlling fires in state forest land. The department may ext…

Sec. 2. In fighting fires under this chapter, the officers and employees of the department have the following: (1) All the rights and immunities guaranteed to municipal firefighters by law. (2) The right to enter upon the land of an individual, a firm, a limited liability company…

Sec. 1. As used in this chapter, "vital" means that a plant is physiologically vibrant and does not suffer unreasonably from mechanical or pathological stress. [Pre-1995 Recodification Citation: 14-7-1-18.] As added by P.L.1-1995, SEC.17.

nursery stock Sec. 10. (a) A person that desires to renew a license to sell or ship nursery stock must make a written application on a commission form before July 1 of the year of renewal for an inspection of the nursery stock. (b) A person that does not comply with this section …

Sec. 2. (a) The division shall inspect each nursery in Indiana at least one (1) time each year if the nursery: (1) imports nursery stock from outside Indiana; or (2) exports nursery stock from Indiana. (b) The division director may authorize nursery inspections in addition to tho…

Sec. 3. (a) The division shall issue a certificate following an inspection that discloses that the nursery stock is apparently free from pests and pathogens. (b) The certificate shall be prepared on a commission form and must state the following: (1) That the nursery stock has be…

Sec. 4. Every package of nursery stock shipped into Indiana from another state must be labeled on the outside with the following: (1) The name of the consignor. (2) The name of the consignee. (3) A certificate from the other state showing that the contents have been examined and …

Sec. 5. (a) A person that receives nursery stock from a foreign country shall notify the division of the arrival and contents of the shipment and the name of the consignor. (b) The person shall hold the shipment unopened until inspected or released by the division. [Pre-1995 Reco…

Sec. 6. The division may enter upon any premises in Indiana and examine the trees, plants, shrubs, vines, fruit, and propagated material on the premises in the discharge of the division's duties under this chapter. [Pre-1995 Recodification Citation: 14-7-6-5.] As added by P.L.1-1…

Sec. 7. (a) If a pest or pathogen is discovered by an inspection under this chapter, the division shall provide a written notice to the person that owns or controls the premises or plant where the pest or pathogen is located. (b) The notice must include the following: (1) A descr…

Sec. 8. (a) The division may issue a notice of violation to a person against whom a written notice is directed under section 7 of this chapter if the person does not: (1) comply with the directives contained in the notice; or (2) request a hearing under section 7(d) of this chapt…

Sec. 9. (a) If as a result of an inspection under this chapter, a plant is discovered that is not vital, the division may direct that the plant not be sold or given away. (b) A person that rehabilitates a plant described in subsection (a) may request the division to reinspect the…

Sec. 1. This chapter applies to each freshwater lake that contains at least ten (10) acres at the body of water's normal level. [Pre-1995 Recodification Citation: 13-2-2.6-5 part.] As added by P.L.1-1995, SEC.18.

Sec. 10. (a) Except as provided under subsection (b), the operator of a significant water withdrawal facility may obtain relief from a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) by filing with the director a financial respon…

Sec. 11. (a) After a bond is filed under section 10 of this chapter, the operator of a significant water withdrawal facility and a complaining lake owner may enter into a written agreement for compensation to the lake owner instead of bond forfeiture. (b) If: (1) the operator and…

Sec. 12. A significant water withdrawal facility and a lake owner may enter into an agreement to compensate the lake owner for the diminution in value of the lake owner's property caused by significant lowering of the lake level. If a significant water withdrawal facility and a l…

Sec. 13. (a) A temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) must include a notice of hearing to be held under IC 4-21.5-4 as soon as practicable after the declaration of the freshwater lake emergency. Following the hearing, th…

Sec. 14. Upon application by the director or a lake owner, the commission may cause a temporary order issued under section 7 of this chapter or under IC 13-2-2.6-10 (before its repeal) to be made a permanent order. A permanent order is subject to IC 4-21.5-3-6. [Pre-1995 Recodifi…

Sec. 15. (a) A person who violates an order concerning a freshwater lake emergency declared under section 7 of this chapter commits a Class A infraction. (b) The commission may, without proof of irreparable injury, maintain an action to enjoin a violation of this chapter. [Pre-19…

Sec. 2. As used in this chapter, "financial responsibility bond" means a surety bond, a certificate of deposit, a cashier's check, or a letter of credit. [Pre-1995 Recodification Citation: 13-2-2.6-4.] As added by P.L.1-1995, SEC.18.

Sec. 3. (a) As used in this chapter, "freshwater lake" means a body of standing surface water that: (1) is of natural origin; or (2) was: (A) originally constructed to permanently retain water; and (B) in existence at least five (5) years before the commencement of water withdraw…

Sec. 4. As used in this chapter, "lake owner" means a person in possession of property that includes: (1) a physical part of; or (2) a legal interest in; a freshwater lake. [Pre-1995 Recodification Citation: 13-2-2.6-6.] As added by P.L.1-1995, SEC.18.

Sec. 5. As used in this chapter, "significant water withdrawal facility" means a water pumping installation or other equipment of a person that, in the aggregate from all sources and by all methods, has the capability of withdrawing at least one hundred thousand (100,000) gallons…

Sec. 6. Not later than five (5) days after receiving a written complaint from a lake owner that: (1) the level of a freshwater lake has been lowered: (A) significantly below the lake's normal level as legally established under IC 14-26-4 or under IC 13-2-13 (before its repeal); o…

Sec. 7. (a) If an onsite investigation under section 6 of this chapter discloses that: (1) the operation of at least one (1) significant water withdrawal facility has caused the freshwater lake to be lowered significantly below a level described in section 6(1) of this chapter; a…

Sec. 8. A temporary order under section 7 of this chapter is effective when a copy of the order is served under IC 4-21.5-3-1 upon a person that owns or operates the significant water withdrawal facility. [Pre-1995 Recodification Citation: 13-2-2.6-11.] As added by P.L.1-1995, SE…

poor maintenance Sec. 9. If an onsite investigation under section 6 of this chapter discloses that the complaining lake owner has, through improper management or poor maintenance of the lake, caused or contributed to the lowering of the freshwater lake to a level significantly be…

Sec. 1. This chapter applies to freshwater lakes having an area of at least ten (10) acres. [Pre-1995 Recodification Citation: 13-2-15-1(a) part.] As added by P.L.1-1995, SEC.19.

Sec. 10. (a) Except as provided in subsection (b), a person, firm, limited liability company, or corporation that is adversely affected by a decision of the department may appeal the decision by filing a complaint in the circuit or superior court of the county in which the lake o…

Sec. 11. A complaint must do the following: (1) State the interest of the person filing the appeal, whether the person is: (A) proposing to construct, reconstruct, repair, or reclean a ditch or drain on the person's own land; or (B) a petitioner or other party or public officer i…

Sec. 12. A complaint must be filed in the court within thirty (30) days from the date of the decision of the department by causing summons to be issued and served upon the director as summons are served in other civil cases. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As …

Sec. 13. Any person, firm, limited liability company, or corporation interested in or affected by the proposed work may intervene in the proceedings before the court. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.

Sec. 14. The court shall hear de novo all evidence relevant to the issues determined by the department. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.