Title 14, NATURAL AND CULTURAL RESOURCES

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 …

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 utility regulatory commission for territorial …

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. 4. Notice given under section 3 of this chapter must do the following: (1) Describe the specific property from or under which the extraction will occur. (2) State the time, terms, and conditions under which a permit will be granted. (3) Call for sealed proposals or bids stat…

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…

Sec. 1. This chapter provides for the proper reclamation of areas of land subjected to surface mining of minerals in accordance with modern standards to do the following: (1) Provide improved land use practice of these areas. (2) Prevent or minimize injurious effects to the peopl…

Sec. 10. As used in this chapter, "overburden" means the soil and other materials that lie above a mineral deposit. [Pre-1995 Recodification Citation: 13-4-6-2(d).] As added by P.L.1-1995, SEC.29.

Sec. 11. As used in this chapter, "reclamation" means the rehabilitation of the area of land affected by surface mining under an approved reclamation plan. [Pre-1995 Recodification Citation: 13-4-6-2(b).] As added by P.L.1-1995, SEC.29.

Sec. 12. As used in this chapter, "reclamation plan" means the operator's written proposal approved by the commission for reclamation of the affected area. The term includes the following: (1) Land use objectives. (2) Specifications for grading. (3) Manner and type of revegetatio…

Sec. 13. (a) The commission may: (1) grant; (2) suspend; (3) revoke; (4) modify; or (5) release; permits for surface mining under this chapter. (b) The commission shall do the following: (1) Approve or disapprove the applications for permits consistent with the purposes of this c…

Sec. 14. (a) The director shall do the following: (1) Supervise the administration and enforcement of this chapter and the rules adopted under this chapter. (2) Conduct the necessary investigations and inspections for the proper administration of this chapter. (3) Order the ceasi…

Sec. 15. (a) As used in this section, "pit" means a tract of land: (1) from which the overburden has been removed or is being removed; and (2) where mine run mineral is being produced in the raw state. (b) A person who engages in surface mining must have a permit from the commiss…

Sec. 16. A permit: (1) authorizes the operator to engage in surface mining upon the area of land described in the permit; and (2) is effective for one (1) year from the date of issuance unless revoked or suspended as provided in this chapter. [Pre-1995 Recodification Citation: 13…

Sec. 17. An application for a permit must include the following: (1) The description and acreage of affected area under the requested permit. (2) The name of each owner of the surface of the area of land to be affected by the permit. (3) The name of each owner of all surface area…

Sec. 18. An application for a permit must be accompanied by maps on which are indicated the following: (1) The location of the operation. (2) The name of the applicant and date. (3) The boundaries of the area of land affected. (4) The drainage plan on and away from the area of la…

Sec. 19. The operator may amend any of the information or consent required by section 17 or 18 of this chapter with the approval of the commission at any time upon filing with the commission an amended application. [Pre-1995 Recodification Citation: 13-4-6-5(d).] As added by P.L.…

Sec. 2. Notwithstanding any other provision of this chapter, except section 3 of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 13-4-6-1…

Sec. 20. Each operator shall pay the following fees, which shall be deposited in the division of reclamation fund: (1) One hundred dollars ($100) for the first application filed each year. (2) One hundred dollars ($100) for each additional application filed in the same year. (3) …

Sec. 21. Contemporaneously with and as a condition precedent to the issuance of a permit, each operator must file with the director a bond payable to the department, conditioned that the operator will faithfully perform all requirements of the commission in accordance with this c…

Sec. 22. The commission shall determine the amount of a penalty bond subject to the following: (1) A bond may not be less than: (A) five thousand dollars ($5,000); or (B) one thousand dollars ($1,000) per acre; whichever is larger. (2) The total bond may not be greater than five …

Sec. 23. The commission shall determine the bond amount after evaluation of the following: (1) Previous compliance. (2) Business structure. (3) Previous mining experience. (4) Mining method. (5) Size of operation. (6) Depth of overburden. (7) Geological formation. (8) Attachable …

Sec. 24. An operator may execute a bond without surety if the operator deposits with the director cash or securities that meet the approval of the commission in an amount equal to the surety bond prescribed by section 22 of this chapter. [Pre-1995 Recodification Citation: 13-4-6-…

Sec. 25. The commission may increase the number of acres for which a permit is issued after the permit is issued on receipt of the prescribed fee and additional bond for the additional number of acres. [Pre-1995 Recodification Citation: 13-4-6-5(g) part.] As added by P.L.1-1995, …

Sec. 26. Reclamation of an area for which a permit is granted under this chapter shall be conducted as follows: (1) The operator shall grade the affected area to a topography consistent with the land use objectives stated in the plan of reclamation submitted by the operator and a…

Sec. 27. (a) Within sixty (60) days after the earlier of: (1) the expiration of a permit; or (2) the completion or abandonment of the operation for which a permit was issued; the operator shall file with the director a report of the operation licensed on a form prescribed by the …

Sec. 28. (a) Upon receipt of the operator's affected area report the director shall charge against the surety bonds or other securities on deposit in connection with the operation covered by the report the amount required by section 22 of this chapter for each acre of land in the…