Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 11. The voting place must open at 9 a.m. local time and remain open for balloting continuously until 9 p.m. local time. However, if the district contains freeholds too numerous for freeholder balloting at a single voting place while allowing each freeholder a reasonable time…

Sec. 12. (a) Before casting a vote, each freeholder must sign the list of freeholders opposite the freeholder's name in the presence of: (1) the district secretary; (2) the financial clerk; or (3) a person designated by the district secretary or financial clerk. (b) If: (1) a cle…

Sec. 13. A freeholder of the district may vote an absentee ballot. An absentee ballot: (1) must be signed; (2) must be mailed or delivered to the court; and (3) is valid if delivered or received before the scheduled date of the election. [Pre-1995 Recodification Citation: 13-3-3-…

Sec. 15. A majority of total votes cast in both districts determines the issue of merger of the districts. [Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.] As added by P.L.1-1995, SEC.26.

Sec. 16. (a) Notwithstanding IC 14-33-5-1 and IC 14-33-5-11, if a majority of those voting favors merger of the districts, the court shall, upon receiving certification of the results, appoint an initial board. The initial board consists of seven (7) members, with one (1) member …

Sec. 17. (a) Notwithstanding: (1) section 5 of this chapter; and (2) IC 14-33-2-4; the new district shall be composed of seven (7) areas established by the court. Each area must contain approximately the same number of freeholders. (b) The board consists of seven (7) members, one…

Sec. 18. The initial board of the merged district shall upon appointment prepare and submit a new district plan as provided in the initial formation of a single district. The same procedures provided for the initial submission of a district plan must be complied with for the subm…

Sec. 19. Effective upon approval of a new district plan, the court shall do the following: (1) Order the board of each of the merged districts dissolved. (2) Order the two (2) districts to merge into one (1) single district. (3) Order the transfer of all of the assets and obligat…

Sec. 2. Freeholders residing in the two (2) districts who desire the merger of the districts must initiate proceedings by filing a petition in the office of the clerk of the circuit court for the county containing the most land in the proposed merged district. [Pre-1995 Recodific…

Sec. 20. The circuit court, superior court, or probate court of the county in the merged district having the most land has exclusive jurisdiction over the merger and over all further hearings in connection with the district. [Pre-1995 Recodification Citation: 13-3-3-96.5(j).] As …

Sec. 21. A district formed from the merger of two (2) districts as provided under: (1) this chapter; or (2) IC 13-3-3-96.5 (before its repeal); is considered a district for purposes of this article. [Pre-1995 Recodification Citation: 13-3-3-96.5(k).] As added by P.L.1-1995, SEC.2…

Sec. 3. (a) A petition must be signed by not less than five percent (5%) of the freeholders owning land in each of the existing districts. (b) The court shall, before conducting an election under section 6 of this chapter, determine whether the petition bears the necessary signat…

Sec. 4. (a) The petitioners must post a bond sufficient to pay the cost of notice and all costs of the court connected with the petition and election. (b) If: (1) the court dismisses the petition; or (2) the majority of freeholders vote against merger; the petitioners shall pay a…

Sec. 5. (a) Except as provided in section 17 of this chapter: (1) IC 14-33-2-3(1); (2) IC 14-33-2-3(2); (3) IC 14-33-2-3(3); (4) IC 14-33-2-3(5); (5) IC 14-33-2-4; and (6) IC 14-33-2-6; apply to the petition filed under section 2 of this chapter. (b) The petition must also state …

Sec. 6. Within ten (10) days after receiving a petition that has met the requirements of sections 3 through 5 of this chapter, the court shall fix a convenient place and time for the election within each district to determine if the districts should merge. The election must be he…

Sec. 7. The petitioners shall give notice of the time, place, and purpose for the election: (1) by publication for two (2) consecutive weeks: (A) with each publication of notice on the same day of each week in an English language newspaper of general circulation published in the …

Sec. 8. (a) The petitioners shall do the following: (1) Prepare a list of the freeholders of the district. (2) Have the county auditor do the following: (A) Certify the list. (B) Make the list available for the inspection of a freeholder of the district. (C) Place the list in the…

Sec. 9. The court shall prepare and furnish ballots in sufficient number, in the following form: "Shall _____ Conservancy District and _____ Conservancy District be merged to form a single district?" [ ] Yes [ ] No [Pre-1995 Recodification Citation: 13-3-3-96.5(f) part.] As added…

Sec. 1. An action of the director or the commission is subject to judicial review under IC 4-21.5-5. The availability of judicial review under this chapter does not limit the operation of rights under IC 14-34-15-12 through IC 14-34-15-15. [Pre-1995 Recodification Citation: 13-4.…

Sec. 2. The commencement of a judicial review proceeding under this chapter does not operate as a stay of the action, order, or decision of the director or the commission. [Pre-1995 Recodification Citation: 13-4.1-13-2.] As added by P.L.1-1995, SEC.27.

Sec. 3. Pending final determination of the judicial review proceeding, the court may grant temporary relief if the following conditions are met: (1) All parties to the proceedings were: (A) notified; and (B) given an opportunity to be heard on a request for temporary relief. (2) …

Sec. 1. The director may, with the approval of the commission, designate not more than four (4) days in each year as free sport fishing days. If the director designates more than one (1) day in a year as free sport fishing days, the days may be consecutive or nonconsecutive. [Pre…

Sec. 2. During a free sport fishing day designated under this chapter, a resident of Indiana may, without possessing a license to fish issued under this article or paying a fee: (1) fish in: (A) waters containing state owned fish; (B) waters of the state; and (C) boundary waters …

Sec. 3. A resident who fishes during a free sport fishing day without possessing a license to fish issued under this article is subject to and is considered as agreeing to comply with the following: (1) The terms, conditions, and rules made by the director under this article and …

Sec. 4. Section 2 of this chapter does not authorize a resident to fish during a free sport fishing day in violation of the license requirements set forth in the following: (1) IC 14-22-13. (2) IC 14-22-15. (3) IC 14-22-16. [Pre-1995 Recodification Citation: 14-2-7-33(d).] As add…

Sec. 1. A subdistrict of land in the district may be established by the same procedure by which the original district was established. The petition shall be addressed to the court having jurisdiction over the district. A subdistrict may be established for any purpose for which a …

Sec. 2. A director of the district may not also be a director of the subdistrict. [Pre-1995 Recodification Citation: 13-3-3-98(c) part.] As added by P.L.1-1995, SEC.26.

Sec. 3. (a) The district plan under which the subdistrict operates may not interfere with the accomplishment of a purpose for which the district was established. (b) If the board of the district determines that operations of the subdistrict interfere with the accomplishment of a …

Sec. 4. A subdistrict operates in the same manner as a district, and the board of a subdistrict has the same powers and duties. [Pre-1995 Recodification Citation: 13-3-3-98(d).] As added by P.L.1-1995, SEC.26.

Sec. 5. (a) A subdistrict also may be established under this chapter for a purpose for which the district has been established if the board passes a resolution to that effect defining the territory of the subdistrict and each purpose. The resolution must be filed in the court hav…

Sec. 1. This chapter does not apply to the following: (1) Land on which surface coal mining operations were conducted: (A) on August 3, 1977; or (B) under a permit issued under: (i) IC 13-4.1 (before its repeal); or (ii) this article. (2) Land where substantial legal and financia…

mining operation" defined Sec. 2. As used in this chapter, "substantial legal and financial commitments in a surface coal mining operation" means significant investments that have been made on the basis of a long term coal contract in power plants, railroads, coal handling facili…

Sec. 3. (a) Subject to valid existing rights that existed before August 3, 1977, and except for those operations that existed on August 3, 1977, and as provided in subsection (c), a surface coal mining operation may not exist under any of the following conditions: (1) On land wit…

Sec. 4. (a) A person with an interest that is or may be adversely affected may petition the director to: (1) designate an area as unsuitable for surface coal mining operations; or (2) have the designation terminated. The petition must contain allegations of facts with supporting …

Sec. 5. Before designating a land area as unsuitable for surface coal mining operations, the director shall prepare a detailed statement on the following: (1) The potential coal resources of the area. (2) The demand for coal resources. (3) The impact of the designation on the fol…

Sec. 6. (a) The director may designate an area as unsuitable for coal mining if the designation is based on competent and scientifically sound data. (b) The director may designate an area as unsuitable for certain types of coal mining operations if the operation will: (1) be inco…

Sec. 1. A person must have a license issued by the department to engage in the business of buying furbearing mammals or the untanned hides or furs of furbearing mammals in Indiana. [Pre-1995 Recodification Citation: 14-2-7-7(1).] As added by P.L.1-1995, SEC.15.

Sec. 2. (a) The department may issue the following licenses to engage in the business of buying furbearing mammals or the untanned hides, skins, and furs of furbearing mammals in Indiana upon payment of the following minimum license fees: (1) A resident buyer's license, authorizi…

Sec. 3. Upon receipt of an application containing the proper information and the prescribed fee, the department shall issue a license to the applicant. The license: (1) except for a buyer's license under section 2(a)(3) of this chapter, expires June 30 after the date of issue; (2…

Sec. 4. The agents or employees of a person who is licensed are exempt from procuring a license to purchase: (1) furbearing mammals; or (2) the untanned hides, skins, or furs of furbearing mammals; at the office or place of business of the person for whom the license was issued. …

Sec. 5. Purchases direct from trappers may be made only during the open season on the furbearing mammals and the grace period provided by this article. [Pre-1995 Recodification Citation: 14-2-7-7(5).] As added by P.L.1-1995, SEC.15.

Sec. 6. Every licensed fur buyer shall make a report in writing to the department of all purchases of furbearing mammals made during the preceding open season. The report must be submitted to the department not later than June 30 following the open season. [Pre-1995 Recodificatio…

Sec. 1. This chapter applies to a levee district or levee association existing under: (1) Acts 1911, c.127; (2) Acts 1911, c.280; (3) Acts 1911, c.103; (4) Acts 1913, c.165; (5) Acts 1917, c.105; (6) Acts 1919, c.26; (7) Acts 1927, c.38; (8) Acts 1933, c.42; (9) Acts 1937, c.42; …

Sec. 2. A levee district or levee association may become a district under this article in accord with this chapter. [Pre-1995 Recodification Citation: 13-3-3-102(a) part.] As added by P.L.1-1995, SEC.26.

Sec. 3. The elected levee committee of a levee district or board of directors of a levee association must do the following to become a district under this article: (1) Adopt a resolution to accept this article. (2) File a petition in court. [Pre-1995 Recodification Citation: 13-3…

Sec. 4. A petition filed under section 3 of this chapter must be filed as follows: (1) For a levee district, in the court establishing the levee district. (2) For an incorporated levee association formed under Acts 1913, c.165, in the circuit court, superior court, or probate cou…

Sec. 5. A petition filed under section 3 of this chapter must state the following: (1) Acceptance of this article. (2) The division of the district into areas, with the areas corresponding to the number of levee committee members or directors. (3) The number of and names of the e…

Sec. 6. (a) Upon receipt of a petition, the court shall do the following: (1) Set a date for a hearing. (2) Have a copy of the petition and notice of the time and place of the hearing given at least twenty (20) days before the hearing date as follows: (A) By publication at least …

Sec. 7. At the hearing the court shall do the following: (1) Determine the areas into which the district will be divided. (2) Determine the date of the annual meeting of the district. (3) Extend the terms of the levee committee members or board of directors to the annual meeting …

Sec. 8. Notwithstanding other provisions of this article, a levee district or levee association that constructed a levee before March 10, 1967, shall raise the annual revenue for maintenance and operation by either of the following: (1) A combination of the following: (A) A speci…