Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 9. The commission may conduct hearings at which at least one (1) of the commission members shall preside. Each commissioner may administer oaths. The commission may obtain information for the commission's purposes from any person, including issuing subpoenas to require the a…

Sec. 1. The board of county commissioners of each county may declare any stream or watercourse in the county navigable on the petition of at least twenty-four (24) freeholders of the county residing in the vicinity of the stream. [Pre-1995 Recodification Citation: 13-2-4-1.] As a…

Sec. 2. (a) On the filing of a petition under section 1 of this chapter, the board of county commissioners shall have an examination of the stream or watercourse made by a suitable person to ascertain and report to the board of county commissioners the following: (1) The length o…

Sec. 3. A person who obstructs a stream or watercourse declared navigable is subject to the same penalties as a person who obstructs a public highway. General Indiana law governing: (1) public highways; and (2) the laying out and working of public highways in all other respects; …

Sec. 4. (a) Subject to subsection (b), a riparian owner of land in Indiana bordering upon a navigable stream may do the following: (1) Build and maintain: (A) within the premises bordering on the stream; and (B) upon the submerged land beneath the water; a pier, wharf, dock, or h…

stream Sec. 5. The declaration of a watercourse as navigable by a board of county commissioners does not affect a mill, a dam, an aqueduct, a viaduct, a bridge, or machinery on the stream, except if the mill, dam, aqueduct, viaduct, bridge, or machinery has been abandoned for at …

Sec. 6. The board of county commissioners may use the money: (1) that is appropriated from the county treasury; and (2) as the board of county commissioners considers necessary; to remove obstructions from streams that are declared navigable under this chapter. [Pre-1995 Recodifi…

Sec. 7. A person living on or owning property along a watercourse that is navigable for boats of a large size may hang gates: (1) at or near the top of the bank; and (2) across a road leading down the bank and terminating at the watercourse; except within the limits of a city or …

Sec. 8. (a) A person, other than a public or municipal water utility, may not: (1) place, fill, or erect a permanent structure in; (2) remove water from; or (3) remove material from; a navigable waterway without a permit from the department. (b) An application for a permit under …

Sec. 9. The department may adopt rules under IC 4-22-2 to identify the location of the ordinary high water mark on the land adjoining the waters of Lake Michigan for purposes of administering this chapter. As added by P.L.164-2020, SEC.59.

Sec. 1. (a) As part of the continuing growth of the population and the development of the economy of Indiana, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before the areas hav…

Sec. 10. (a) The department may, on behalf of the state, acquire nature preserves by gift, devise, purchase, exchange, condemnation, or any other method of acquiring real property or an estate, an interest, or a right in real property. However, an interest owned by the state or b…

Sec. 11. (a) An estate, an interest, or a right in an area may be dedicated by any of the following: (1) A state agency having jurisdiction of the area. (2) Any other unit of government within Indiana having jurisdiction of the area. (3) A private owner of the area. (b) A dedicat…

Sec. 12. Articles of dedication may do the following: (1) Contain restrictions and other provisions relating to the following: (A) Management. (B) Use. (C) Development. (D) Transfer. (E) Public access. (F) Other restrictions and provisions that are necessary or advisable to furth…

Sec. 13. With the approval of the governor and upon the terms and conditions that the department determines, the department may, after the giving of notice and the holding of a public hearing under section 16 of this chapter, enter into amendments of articles of dedication upon a…

Sec. 14. To further the purposes of and to implement this chapter, the department shall do the following: (1) Formulate policies for the selection, acquisition, use, management, and protection of nature preserves. (2) Formulate policies for the selection of areas suitable for reg…

Sec. 15. (a) The nature preserves within the system: (1) are to be held in trust for the benefit of the people of Indiana of present and future generations for those uses and purposes expressed in this chapter that are not prohibited by the articles of dedication; (2) are declare…

Sec. 16. (a) Before the commission: (1) makes a finding of the existence of an imperative and unavoidable public necessity under section 15 of this chapter; (2) grants an estate, an interest, or a right in a nature preserve under section 15 of this chapter; (3) disposes of a natu…

urged to dedicate suitable areas Sec. 17. All units, departments, agencies, and instrumentalities of the state, including: (1) counties; (2) townships; (3) municipalities; (4) public corporations; (5) boards; (6) commissions; (7) colleges; and (8) universities; may and are urged …

Sec. 18. (a) Except as provided in subsection (b), this chapter does not interfere with: (1) the purposes stated in the establishment of or pertaining to; or (2) the proper management and development of: a state or local park, preserve, wildlife refuge, or other area. (b) An agen…

Sec. 2. As used in this chapter, "area" means an area of land, water, or both land and water, whether in public or private ownership, that meets one (1) or both of the following conditions: (1) Retains or has reestablished the area's natural character, although the area need not …

Sec. 3. As used in this chapter, "articles of dedication" means the writing by which an estate, an interest, or a right in an area is formally dedicated as permitted by section 14 of this chapter. [Pre-1995 Recodification Citation: 14-4-5-2(d).] As added by P.L.1-1995, SEC.24.…

Sec. 4. As used in this chapter, "dedicate" and "dedication" mean the transfer to the department, for and on behalf of the state, of an estate, an interest, or a right in an area in any manner permitted by sections 10 through 13 of this chapter. [Pre-1995 Recodification Citation:…

Sec. 5. As used in this chapter, "nature preserve" means an area in which an estate, an interest, or a right has been formally dedicated under this chapter. [Pre-1995 Recodification Citation: 14-4-5-2(b).] As added by P.L.1-1995, SEC.24.

Sec. 6. As used in this chapter, "system" means the nature preserves held under this chapter. [Pre-1995 Recodification Citation: 14-4-5-2(e).] As added by P.L.1-1995, SEC.24.

Sec. 7. To secure for the people of Indiana of present and future generations the benefits of an enduring resource of areas, the state shall, acting through the department, acquire and hold in trust for the benefit of the people an adequate system of nature preserves for the foll…

Sec. 8. To give recognition to natural areas, the department shall establish and maintain a registry of natural areas of unusual significance. However, a registered area is not a nature preserve unless the area has been dedicated under this chapter. [Pre-1995 Recodification Citat…

Sec. 9. The division of nature preserves shall administer this chapter. [Pre-1995 Recodification Citation: 14-4-5-4 part.] As added by P.L.1-1995, SEC.24.

Sec. 1. The following are declared as a matter of legislative determination: (1) That the land and water resources of Indiana are among the basic assets of Indiana and that the proper management of these resources is necessary to protect and promote the health, safety, and genera…

Sec. 2. In light of the determination set forth in section 1 of this chapter, it is the policy of the general assembly to provide for the proper management of soil and water resources, the control and prevention of soil erosion, the prevention of flood water and sediment damage, …

Sec. 1. (a) A conservancy district may be established for any of the following purposes: (1) Flood prevention and control. (2) Improving drainage. (3) Providing for irrigation. (4) Providing water supply, including treatment and distribution, for domestic, industrial, and public …

in services outside territory boundaries Sec. 2. (a) A district established for the purpose of section 1(a)(5) of this chapter that proposes to collect, treat, or dispose of sewage and other liquid wastes produced outside of the district boundaries must petition the Indiana utili…

Sec. 3. Powers granted by this article may be used only to accomplish each purpose set forth by the court in the order establishing the district. However, a district plan or act of the board necessary to accomplish a purpose for which the district is established is not invalid be…

Sec. 4. To add a purpose to an established district: (1) the same procedure may be used as is provided for the establishment of a district; or (2) the board may pass a resolution adding an additional authorized purpose to the district already established if the board has received…

Sec. 5. (a) If a petition is filed and a resolution passed under section 4 of this chapter, the board shall file the resolution and petition with the court. (b) Upon receipt, the court shall do the following: (1) Order a hearing. (2) Have a copy of the resolution and the date of …

Sec. 1. This article applies to the following: (1) A person who engages in surface coal mining operations, whether or not the person has a permit. (2) An agency, a unit, or an instrumentality of federal, state, or local government, including a publicly owned utility or publicly o…

Sec. 2. This article does not apply to any of the following activities: (1) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner. (2) The extraction of coal as an incidental part of federal, state, or local gov…

Sec. 3. It is the purpose of this article to do the following: (1) Implement and enforce the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328). (2) Establish a statewide program to protect society and the environment from the adverse effects…

Sec. 4. (a) It is the purpose of this article to establish requirements that are not more stringent than the requirements required to meet the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328). (b) The director and the commission may not ado…

Sec. 5. Notwithstanding IC 4-21.5-3-25(d), under this article an administrative law judge may not impose conditions upon the participation or testimony of a party or limit discovery, cross-examination, or argument that would cause implementation of this article to be inconsistent…

Sec. 1. (a) This section does not apply to lands under the navigable waters of Indiana. (b) The department may, whenever the department considers it to be in the public interest, grant permits for the: (1) extraction; (2) removal; and (3) disposition; of deposits of coal, limesto…

Sec. 10. Each proposal and bid must be accompanied by sufficient bond in an amount to be determined by the department for the restoration of land or water disturbed by exploration and mining. [Pre-1995 Recodification Citation: 14-3-2-6 part.] As added by P.L.1-1995, SEC.28.

Sec. 11. The department and the governor may require other covenants, terms, and conditions in addition to those provided in this chapter. [Pre-1995 Recodification Citation: 14-3-2-6 part.] As added by P.L.1-1995, SEC.28.

Sec. 2. A permit may be granted under this chapter only to the following: (1) An individual who is a resident of Indiana. (2) A corporation that is domiciled in Indiana or qualified to do business in Indiana. [Pre-1995 Recodification Citation: 14-3-2-5 part.] As added by P.L.1-19…

Sec. 3. Except as otherwise provided by this chapter, a permit may not be granted by the department under this chapter unless the department has done the following: (1) Published notice one (1) time each week for at least two (2) weeks in the following: (A) At least one (1) newsp…

Sec. 5. (a) A proposal or bid made in response to a request under section 4 of this chapter must offer the following: (1) A royalty on a percentage basis, based on the commodity value at the mine, pit, or quarry. (2) A bonus, or fixed fee per acre, in addition to royalty. (b) A r…

Sec. 6. The department may receive sealed proposals or bids not earlier than thirty (30) days after the date of first publication. [Pre-1995 Recodification Citation: 14-3-2-6 part.] As added by P.L.1-1995, SEC.28.

Sec. 7. The department may grant a permit to the qualified bidder who submits the highest and best bid. However, the department may reject any or all bids. [Pre-1995 Recodification Citation: 14-3-2-6 part.] As added by P.L.1-1995, SEC.28.

Sec. 8. A permit must be approved by the commission and signed by the governor. [Pre-1995 Recodification Citation: 14-3-2-5 part.] As added by P.L.1-1995, SEC.28.

Sec. 9. (a) The department shall determine the initial term of a permit, not to exceed ten (10) years. The department shall automatically continue a permit: (1) if commercial production and accompanying royalty payments are established by the end of the initial term; and (2) as l…