Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

defined Sec. 8. (a) As used in this section, "natural river" means a river that, free of impoundments, is generally unpolluted, undeveloped, and inaccessible. (b) The director may study and periodically submit to the commission proposals for the inclusion of a section of a river …

Sec. 9. (a) Based upon the study and recommendations of the director, the commission may adopt rules under IC 4-22-2 to designate a river for inclusion into the system. (b) Before adopting rules, the director shall do the following: (1) Notify each adjoining or abutting landowner…

Sec. 1. (a) Immediately after the organizational meeting of the board, the board must commence the preparation of the district plan to accomplish the purpose for which the district is established. The board may request and receive from a state agency information that: (1) the age…

Sec. 10. At the hearing the board shall by resolution: (1) confirm, with or without modification; or (2) revoke; the board's tentative resolution adopting the drawings, specifications, and cost estimates. [Pre-1995 Recodification Citation: 13-3-3-56(d) part.] As added by P.L.1-19…

Sec. 11. If the board confirms the drawings, specifications, and cost estimates, the board shall let contracts or otherwise construct the works of improvement provided in the drawings, specifications, and cost estimates. The board may not let a contract for an amount that exceeds…

Sec. 12. (a) As the result of: (1) experience gained in the construction or operation of the works of a district; or (2) changed conditions; the district plan may be amended in any way as long as the amended district plan conforms to the other requirements of this chapter. (b) Th…

Sec. 13. (a) The board shall place the district plan in operation by constructing all works and maintaining the works in accordance with the district plan. (b) If necessary to discharge these responsibilities, the board may do the following: (1) Except as provided in IC 14-33-24-…

Sec. 14. (a) A board may establish an association of Indiana conservancy districts and have the district become a member. The association must have as purposes the following: (1) To assist in the assembly and dissemination of information in all aspects of the organization, financ…

Sec. 2. (a) A district plan consists of an engineering report that sets forth the general, comprehensive plan for the accomplishment of each purpose for which the district was established. A district plan must contain the following: (1) Descriptions of the following: (A) The phys…

Sec. 3. The board shall present the district plan to the commission within one hundred twenty (120) days after the date of the appointment of the members of the board, unless the board requests and receives additional time from the commission. [Pre-1995 Recodification Citation: 1…

Sec. 4. (a) The commission shall do the following: (1) Review each district plan. (2) Request the technical assistance of any other state agency, including: (A) the environmental rules board; (B) the Indiana department of health; and (C) the department of environmental management…

Sec. 5. (a) After receiving the approval of the commission, the board shall file the district plan with the court. (b) Upon receipt the court shall set a date for a hearing. The court shall give priority to the hearing in determining the date, but the court must allow at least tw…

Sec. 6. (a) At the hearing the court shall make findings on the following: (1) Whether the district plan is necessary, proper, and feasible for the accomplishment of each purpose for which the district is established. (2) If the purpose of the district is other than water supply …

Sec. 7. The board or an interested person adversely affected by the plan may appeal an order: (1) referring the district plan back to the board; or (2) approving the district plan; to the supreme court within thirty (30) days. [Pre-1995 Recodification Citation: 13-3-3-55.] As add…

Sec. 8. (a) To implement a district plan, the board shall order the preparation of the detailed construction drawings, specifications, and refined cost estimates as soon as practicable after the approval of the district plan by the court if the work has not been submitted as a pa…

Sec. 9. (a) Upon receipt of the written approval of the commission, the board shall schedule a hearing on the drawings, specifications, and cost estimates at which any interested person must be heard. The hearing shall be held: (1) in the office of the district; or (2) at another…

Sec. 1. (a) After a surface coal mining and reclamation permit application is approved but before the permit is issued, the applicant must file with the director, on a form prescribed and furnished by the director, a bond for performance payable to the state and conditional upon …

Sec. 10. (a) This section applies to the following: (1) A person with a legal interest that might be adversely affected by release of a bond. (2) The responsible officer or head of a federal, state, or local governmental agency that: (A) has jurisdiction by law or special experti…

Sec. 11. (a) If written objections are filed and a hearing requested under section 10 of this chapter, the director shall do the following: (1) Inform all the interested parties of the date, time, and location of the hearing. (2) Publish notice of the information one (1) time eac…

Sec. 12. Without prejudice to the rights of the objectors under section 10 of this chapter or the applicant, the director may provide for an informal conference to resolve the written objections. [Pre-1995 Recodification Citation: 13-4.1-6-7(f).] As added by P.L.1-1995, SEC.27.…

Sec. 13. The director may release the bond, deposit, or letter of credit in whole or in part if the director is satisfied that the reclamation covered by the bond or deposit or part of the bond or deposit has been accomplished as required by this article according to the followin…

Sec. 14. (a) If a public hearing requested under section 10 of this chapter is not held, the director shall notify the permittee in writing of the decision on the application or bond release within sixty (60) days of the filing of the application. (b) If the director disapproves …

Sec. 14.3. The director may release the bond, deposit, or letter of credit covering an area that has not been disturbed by surface coal mining activities. A release under this subsection is not subject to the public notice and hearing requirements set forth in sections 7 through …

Sec. 14.6. (a) This section applies when an applicant or permittee submits a bond, deposit, or letter of credit covering an area that: (1) has been disturbed by surface coal mining activities; and (2) is covered by another bond, deposit, or letter of credit previously submitted b…

Sec. 15. (a) As used in this section, "fund" refers to the post-1977 abandoned mine reclamation fund established by this section. (b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapte…

Sec. 16. (a) The director may order the forfeiture of all or part of a bond for a permit area or an increment of a permit area, regardless of whether the entire area has been disturbed by surface mining activities, if: (1) the permittee does not conduct reclamation operations in …

Sec. 2. (a) The director shall determine the amount of the bond required for each bonded area. The amount of the bond must be sufficient to assure the completion of the reclamation plan if the work had to be performed by the director if forfeiture occurs. However, the bond amount…

Sec. 3. Liability under the bond extends for: (1) the duration of the surface coal mining and reclamation operation; and (2) a period coincident with the operator's responsibility for revegetation requirements in IC 14-34-10. [Pre-1995 Recodification Citation: 13-4.1-6-3.] As add…

Sec. 4. The operator and a corporate surety: (1) licensed to do business in Indiana; and (2) recognized by the treasurer of state as holding a certificate of authority from the United States Department of the Treasury as an acceptable surety on federal bonds; shall execute the bo…

Sec. 5. (a) Instead of a bond, an operator may elect to deposit: (1) cash; (2) negotiable bonds of the United States government or of Indiana; or (3) negotiable certificates of deposit or letters of credit of a bank organized or transacting business in the United States; in an am…

Sec. 6. The director shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond periodically as: (1) affected land acreages are increased or decreased; (2) changes occur in the cost of future reclamation; or (3) significant ch…

Sec. 7. (a) After a permit is issued, the permittee may apply to the director for the release of all or part of the bond or deposit. As part of the bond release application, the permittee must do the following: (1) Submit copies of letters that the permittee has sent by certified…

Sec. 8. If an application for total or partial bond release is filed with the director, the director shall notify appropriate: (1) local governmental bodies; (2) planning agencies; (3) sewage and water treatment authorities; or (4) water companies; in the county in which the surf…

Sec. 9. Within thirty (30) days of receipt of a bond release application, the director shall conduct an inspection and evaluation of the reclamation work involved. The evaluation must include the following: (1) The degree of difficulty to complete a remaining reclamation. (2) Whe…

Sec. 1. (a) Except as otherwise provided in this chapter, this section applies to the following: (1) An applicant for a permit under this article who has never been granted a permit for a well for oil and gas purposes under this article. (2) A person who has demonstrated a patter…

Sec. 2. Instead of the bond required by section 1 of this chapter, the department may accept cash or a certificate of deposit. [Pre-1995 Recodification Citation: 13-8-8-2.] As added by P.L.1-1995, SEC.30. Amended by P.L.32-2021, SEC.33.

Sec. 3. Each blanket bond for wells created, modified, or acquired during the duration of a bond that was accepted by the commission before March 11, 1971, must be replaced by a new blanket bond in the amount of thirty thousand dollars ($30,000) before January 2, 2002. The new re…

gas well Sec. 4. Instead of a bond required by section 1 of this chapter, the commission may require a well owner or operator to provide proof of financial ability to abandon a noncommercial natural gas well. The proof must be established by a financial statement and personal gua…

Sec. 5. The director shall order forfeiture of a bond or alternative security provided under this chapter when a permit is revoked under IC 14-37-13. [Pre-1995 Recodification Citation: 13-8-8-5.] As added by P.L.1-1995, SEC.30.

[Pre-1995 Recodification Citation: 13-8-8-6.] As added by P.L.1-1995, SEC.30. Repealed by P.L.80-2005, SEC.8.

Sec. 1. (a) For purposes of this section, "undeveloped public land" does not include the following: (1) State parks established under IC 14-19. (2) Nature preserves established under IC 14-31. (3) Other public lands that must be used for purposes other than flood damage reduction…

Sec. 2. (a) Before undertaking a flood damage reduction, drainage, storm water management, recreation, or water infrastructure public works project (or, if a watershed development commission has water quality purposes under IC 14-30.5-3-1(b), a water quality public works project)…

Sec. 3. (a) A watershed development commission may give a preference to an Indiana business that submits a bid under this article in connection with a public works project if both of the following apply: (1) An out-of-state business also submits a bid. (2) The out-of-state busine…

subcontractor goal Sec. 4. (a) Each contractor entering a bid for a public works project of a watershed development commission must provide the watershed development commission with information on: (1) the number of residents of Indiana who will be employed by the contractor; and…

[Pre-1995 Recodification Citation: 14-3-3-12(a), (b), (c).] As added by P.L.1-1995, SEC.2. Repealed by P.L.100-2012, SEC.36.

Sec. 2. The department shall develop the necessary procedures to ensure that the required knowledge, ability, education, and experience qualifications are met by the employees of the department. [Pre-1995 Recodification Citation: 14-3-3-12(d).] As added by P.L.1-1995, SEC.2. Amen…

employees Sec. 3. Notwithstanding any provision of this article to the contrary, IC 14-9-8 applies to employees of the law enforcement division. [Pre-1995 Recodification Citation: 14-3-3-12(e).] As added by P.L.1-1995, SEC.2.

[Pre-1995 Recodification Citation: 14-3-1-2.] As added by P.L.1-1995, SEC.2. Repealed by P.L.100-2012, SEC.38.

As added by P.L.220-2011, SEC.290. Repealed by P.L.100-2012, SEC.39.

Sec. 1. Perry County, Spencer County, Crawford County, and Harrison County are designated as "The Lincoln Hills of Indiana". [Pre-1995 Recodification Citation: 14-6-13-1.] As added by P.L.1-1995, SEC.6.