Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 15. An appeal may be had from the finding and judgment of the court as provided by law in other civil cases. [Pre-1995 Recodification Citation: 13-2-15-2 part.] As added by P.L.1-1995, SEC.19.

Sec. 16. A person, firm, limited liability company, or corporation that violates or threatens to violate this chapter is subject to an injunction upon a complaint filed by any of the following: (1) Any person whose land or interest in land may be damaged by the violation. (2) The…

Sec. 17. A person who knowingly violates section 3 of this chapter commits a Class B infraction. [Pre-1995 Recodification Citation: 13-2-15-1(e).] As added by P.L.1-1995, SEC.19. Amended by P.L.71-2004, SEC.8.

Sec. 2. As used in this chapter, "normal water level of a lake" means: (1) the water level of the lake established by law; or (2) if the water level has not been established, the level where the presence and action of the water has been so constant as to give to the bed of the la…

exception Sec. 3. (a) This section does not apply to a ditch or drain if: (1) water from the ditch or drain empties into a lake before activities referred to in subsection (b) begin; (2) water from the ditch or drain continues to empty into the lake at the same location after the…

Sec. 4. (a) A request for a permit may be made by any person interested in the proposed work by filing with the department the following: (1) A brief statement and description of the work. (2) Plans and specifications for the work. (3) An investigation fee of a minimum of twenty-…

Sec. 5. The department shall promptly consider a request by making an investigation of the land, water, lakes, fish, wildlife, and botanical resources that may be affected by the proposed work. [Pre-1995 Recodification Citation: 13-2-15-1(b) part.] As added by P.L.1-1995, SEC.19.…

Sec. 6. If the department finds that the proposed work will not: (1) endanger: (A) the legally established water level of a lake; or (B) the normal water level of a lake whose water level has not been legally established; or (2) result in unreasonably detrimental effects upon fis…

Sec. 7. If the department finds that the proposed work could be done provided certain safeguards are included in the proposed work, the department shall designate the safeguards that will in the department's opinion protect the lake. [Pre-1995 Recodification Citation: 13-2-15-1(b…

Sec. 7.4. If a request for a permit is submitted under this chapter by or for a county drainage board for a project for the reconstruction or maintenance of a regulated drain under IC 36-9-27, the department shall approve or refuse the request within one hundred fifty (150) calen…

Sec. 7.6. (a) If the department refuses to issue a permit after an investigation under section 5 of this chapter, the department shall promptly cause a public notice to be given by one (1) publication in a newspaper of general circulation published in the county in which the lake…

Sec. 8. A permit issued under this chapter expires two (2) years after the permit is issued. [Pre-1995 Recodification Citation: 13-2-15-1(c).] As added by P.L.1-1995, SEC.19.

Sec. 9. The person to whom a permit is issued under this chapter shall do the following: (1) Post the permit at the site of the activity authorized by the permit. (2) Keep the permit posted at the site where the activity is authorized until the activity is completed. [Pre-1995 Re…

Sec. 1. This chapter applies to the following: (1) A levee association incorporated before March 10, 1967, under Acts 1913, c.165, or a successor of the association. (2) An association existing before March 10, 1967, under IC 23-7-1 (repealed September 2, 1971) for the purpose of…

Sec. 10. If the board of directors: (1) decides not to enter into a loan agreement with a federal agency by installment note or series of notes; and (2) instead prepares a bond issue, in whole or in part; the board of directors may offer the bond issue for sale to a federal agenc…

Sec. 11. A loan made under this chapter or under IC 13-2-29-1 (before its repeal) shall be repaid by levy of the special assessment authorized on the real property within the proposed project. The assessment against the landowners must be in the proportion that the benefits asses…

Sec. 2. The board of directors of an association described in section 1 of this chapter may apply to the federal Farmers Home Administration, the United States Department of Housing and Urban Development, or any other agency of the federal government authorized by federal law to …

Sec. 3. A loan may be: (1) evidenced by one (1) installment note or by a series of notes; and (2) secured by the collection of a special assessment levied as provided in section 11 of this chapter. [Pre-1995 Recodification Citation: 13-2-29-1(a) part.] As added by P.L.1-1995, SEC…

Sec. 4. The following are subject to the agreement of the board of directors and the federal agency and applicable federal law: (1) The time repayment of a loan must begin. (2) The term within which the loan is repaid. (3) The amount of interest. (4) The time of making payments o…

Sec. 5. Before making financial commitments described in this chapter with a federal agency, the board of directors must file a petition for approval of the proposed action in the circuit court, superior court, or probate court of the county in which the most land affected by the…

Sec. 6. The court shall do the following: (1) Set a date for a hearing. (2) Allow at least twenty-one (21) days for an interested person to file objections. (3) Order notice for the hearing that the court considers necessary. However, publication must at least be made in each of …

Sec. 7. If at the hearing the court finds that: (1) the loan as proposed in the petition is necessary for the accomplishment of the purposes set forth in this chapter; and (2) the terms and conditions are reasonable and probably are as beneficial to accomplish the purposes as wou…

Sec. 8. Upon approval by the court, the board of directors may levy the special assessments necessary for the repayment of the loan. [Pre-1995 Recodification Citation: 13-2-29-1(b) part.] As added by P.L.1-1995, SEC.20.

Sec. 9. The board of directors may secure part or all of the money necessary for the project under this chapter. The board of directors may make the loan for any of the board's needs to cover the expenses for which the loan is sought and maintaining and operating the works of imp…

Sec. 1. (a) The governing bodies or agencies of the state charged with the duties of the construction, maintenance, and repair of public highways may, to the extent money is available and subject to subsection (b), do the following: (1) Change the course of a stream, watercourse,…

Sec. 2. (a) If work under this chapter involves the protection of an existing highway not under construction, the work shall be performed and the costs paid under Indiana law governing the maintenance of highways applicable to the public agency or authorities having charge of the…

Sec. 3. The governing or administrative bodies charged with the control of highways may do the following: (1) If it becomes necessary to procure rights-of-way or interests in land or property outside the limits of a highway under section 2 of this chapter, procure the rights or i…

Sec. 1. (a) A district constitutes a governmental subdivision of the state and a public body corporate and politic exercising public powers. (b) A district may do the following: (1) Carry out soil erosion and water runoff preventive and control measures within the district, inclu…

Sec. 2. A provision concerning the acquisition, operation, or disposition of property by other public bodies does not apply to a district unless the provision specifically states that the provision applies. [Pre-1995 Recodification Citation: 13-3-1-8(b).] As added by P.L.1-1995, …

Sec. 3. If: (1) a district disposes of real property or awards a contract for the procurement of property by acceptance of bids, proposals, or quotations; and (2) a bid, proposal, or quotation is submitted by a trust (as defined in IC 30-4-1-1(a)); the bid, proposal, or quotation…

establishment of district Sec. 3.5. (a) In an action or proceeding that: (1) relates to; or (2) involves the validity or enforcement of; a contract, proceeding, or action of a district, proof of the issuance of a certificate of organization to the district by the secretary of sta…

Sec. 4. (a) As used in this section, "landfill" means a facility where solid waste is to be disposed of through placement on or beneath the surface of the ground. However, the term does not include any of the following: (1) A land application operation regulated under 327 IAC 6. …

Sec. 5. A district may not do any of the following: (1) Exercise the right of eminent domain. (2) Incur indebtedness beyond available money. (3) Issue bonds. (4) Take contributions by exactions or persuasions. However, the district may accept voluntary contributions from any sour…

Sec. 6. Districts organized under this article or IC 13-3-1 (before its repeal) may cooperate with each other in carrying on the work of the districts. However, this section does not permit the transfer of authority or powers from one (1) district to another. [Pre-1995 Recodifica…

districts Sec. 7. (a) An: (1) agency of the state; or (2) county or other governmental subdivision of the state; that has jurisdiction over or is charged with the administration of publicly owned land lying within the boundaries of a district shall cooperate to the fullest extent…

Sec. 8. The fiscal body of each county that contains a district in whole or in part may appropriate money for the use of the district serving the county from which the appropriation is to be made. [Pre-1995 Recodification Citation: 13-3-1-11.] As added by P.L.1-1995, SEC.25.…

As added by P.L.185-1995, SEC.1. Repealed by P.L.95-2006, SEC.10.

Sec. 1. (a) Within twenty (20) days after an order establishing a district, the board of commissioners of the county shall appoint the initial board of directors. A director shall be appointed for each of the areas in the district established by the court. (b) A director must hav…

Sec. 10. (a) Notwithstanding other provisions of this chapter, this section applies to all districts described in IC 14-33-9-4. (b) The following shall serve as advisory members of the board and have all privileges of membership except the right to vote: (1) The city engineer of …

Sec. 11. (a) The board of commissioners of the county shall appoint the initial directors for the following terms: (1) If there are three (3) or five (5) directors, the terms are as follows: (A) One (1) term expires at the next annual meeting. (B) One (1) term expires at the seco…

Sec. 12. (a) If a vacancy occurs on the board, the board shall vote to appoint a member to serve until the next annual meeting. (b) If the vote held under subsection (a) results in a tie, a judge of the circuit court of the county in which the district was established shall desig…

Sec. 13. The board shall by resolution fix the time for holding regular meetings, but the board shall meet at least quarterly each year. [Pre-1995 Recodification Citation: 13-3-3-37.] As added by P.L.1-1995, SEC.26.

Sec. 14. (a) Special meetings of the board may be called by the chairman or by two (2) members upon written request to the secretary. The secretary shall send to all members, at least three (3) days before a special meeting, a written notice fixing the time and place of the meeti…

Sec. 15. A majority of the board constitutes a quorum. An action of the board is official, however, only if authorized by a majority of the board at a regular or properly called special meeting. [Pre-1995 Recodification Citation: 13-3-3-39.] As added by P.L.1-1995, SEC.26.

Sec. 16. (a) Except as provided in subsection (b), upon approval of the initial district plan, the directors are entitled to compensation in an amount that the court orders, but not to exceed: (1) one hundred dollars ($100) for not more than two (2) regular or specially called bo…

Sec. 17. Immediately following appointment and immediately following each annual meeting of the district, the directors shall meet and elect a chairman and a vice chairman. The vice chairman may act as chairman during the absence or disability of the chairman. The chairman shall …

Sec. 18. (a) The board may appoint, prescribe the duties, and fix the compensation of the following: (1) A secretary. (2) A financial clerk. (3) An engineer. (4) Employees that are necessary for the discharge of duties and responsibilities of the board. (5) A district marshal and…

Sec. 19. (a) At the first meeting of the first board, the board shall adopt by majority vote a resolution designating the location in or near the district where the district will maintain an office. The board may adopt a resolution by majority vote at any meeting of the board to …

Sec. 2. (a) At each annual meeting of the district, directors shall be elected to fill vacancies on the board due to expiration of terms, resignation, or otherwise. The election shall be conducted by written ballots. Except as provided in subsection (c), to be elected an individu…

Sec. 20. The board shall do the following: (1) Exercise general supervision of and make regulations for the administration of the affairs of the district. (2) Prescribe uniform rules pertaining to investigations and hearings. (3) Supervise the fiscal affairs and responsibilities …