Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 7. (a) At the close of an election, the clerks appointed under section 3(h) of this chapter shall count the ballots cast and make a report of the results. The secretary of the district shall record the results reported by the clerks in the records of the district. (b) After …

Sec. 8. Promptly after being appointed or elected under this chapter, a director shall take the following oath: "I do solemnly swear that I shall, to the best of my ability, strive to accomplish the purposes for which the district is established and properly to operate and mainta…

Sec. 9. (a) The annual meeting of the district must be held at the time designated by the court under IC 14-33-2-27. (b) The location of the annual meeting must be: (1) the office of the district; or (2) a place in or near the district as determined by resolution of the board ado…

Sec. 1. As used in this chapter, "program" refers to the Indiana rural fire protection initiative established in section 4 of this chapter. As added by P.L.55-1999, SEC.4.

Sec. 2. As used in this chapter, "rural community" means a city, town, village, or community having a population of ten thousand (10,000) or less. As added by P.L.55-1999, SEC.4.

Sec. 3. As used in this chapter, "rural fire department" means a recognized organization providing primary fire protection to a rural area or rural community. As added by P.L.55-1999, SEC.4.

Sec. 4. The Indiana rural fire protection initiative is established. As added by P.L.55-1999, SEC.4.

Sec. 5. The program must include the following components: (1) Financial assistance to rural fire departments for organizing, training, and equipment. (2) Financial assistance to enable rural fire departments to continue to provide fire protection service. (3) Assistance to rural…

Sec. 6. The program must complement grant programs established by the United States government for the program. As added by P.L.55-1999, SEC.4.

Sec. 7. The department shall do the following: (1) Administer the program. (2) Administer grants provided by the United States government for the program. As added by P.L.55-1999, SEC.4.

Sec. 1. (a) Land occupiers of a district may file a petition with the board requesting either of the following: (1) That the boundaries of the district be changed to encompass territory described in the petition. (2) That the district cease to operate and be dissolved. (b) A peti…

if not denied Sec. 10. (a) If, after the hearing and consideration of the factors set forth in section 7(a) of this chapter, the board determines that a petition to change the boundaries of a district should not be denied, the board shall, when appropriate, do the following: (1) …

ballots Sec. 11. (a) The ballot provided for an election on whether to change the boundaries of a district must contain the following: (1) A definition, by metes and bounds or by legal subdivisions, of the territory within the proposed reconfigured district. (2) Two (2) propositi…

Sec. 12. (a) All land occupiers whose tracts of land are located within: (1) the boundaries of the district as they would be changed to encompass the territory proposed for inclusion; or (2) the district proposed for dissolution; are eligible to vote in the election on the local …

majority required to deny Sec. 13. If at least a simple majority of the votes cast on the local public question are against the request set forth in the petition, the board shall, when appropriate, do the following: (1) Certify the results of the election in the records of the bo…

majority required to implement request Sec. 14. (a) In an election on the local public question of whether to change the boundaries of a district, the board shall proceed under subsection (c) if at least a simple majority: (1) of all the votes cast; and (2) of the votes cast in e…

Sec. 15. (a) To incorporate the described territory within the district, the board shall do the following not more than thirty (30) days after certifying the election: (1) Appoint two (2) individuals who meet the qualifications set forth in IC 14-32-4-1(c) as supervisors of the d…

contents Sec. 16. (a) Not more than thirty (30) days after being appointed under section 15(a) of this chapter, the two (2) appointed supervisors shall present to the secretary of state the following: (1) A notarized letter of application, signed by the two (2) appointed supervis…

Sec. 17. (a) After receiving, examining, and approving a letter of application and the accompanying documents that are presented under section 16 of this chapter, the secretary of state shall do the following: (1) Issue to the appointed supervisors a certificate of organization i…

Sec. 18. (a) After the secretary of state issues a certificate of organization to the supervisors of a newly reestablished district under section 17 of this chapter, the board shall, when appropriate, circulate petitions for the nomination of candidates for the three (3) elected …

Sec. 19. (a) The ballot provided for the initial election of supervisors of a newly reestablished district must contain the following: (1) The names, in alphabetical order of the surnames, of all the nominees on behalf of whom valid nominating petitions have been filed. (2) A squ…

Sec. 2. In the case of a petition filed under section 1(a)(1) of this chapter to change the boundaries of a district, the following conditions apply: (1) The territory proposed for inclusion in the reconfigured district may consist of two (2) or more separate tracts, and the trac…

Sec. 20. (a) The three (3) candidates who receive the largest number of votes cast in the initial election of supervisors of a newly reestablished district are elected. (b) The terms of office of the elected supervisors are as follows: (1) The individual receiving the highest num…

Sec. 21. (a) The five (5) initial supervisors of a newly reestablished district shall assume the duties of office upon taking and signing an oath of office. The oath shall be administered: (1) to the two (2) appointed supervisors at the date of their appointment by the board; and…

Sec. 22. (a) To proceed with the dissolution of a district under section 14(b) of this chapter in accordance with the results of an election, the supervisors of the district, upon notification of the results of the election, shall do the following: (1) Begin immediately to termin…

Sec. 23. (a) Despite the issuance of a certificate of dissolution of a district under section 22 of this chapter, all contracts to which the district is a party remain in force and effect for the period provided in the contracts. (b) The board: (1) is substituted for the district…

similar request considered Sec. 24. If a valid petition requesting a change in the boundaries of a district or the dissolution of a district has been denied due to: (1) the determination of the board after a public hearing; or (2) the results of an election held on the local publ…

dissolved district Sec. 25. If a district is dissolved under this chapter, the board may prescribe the procedure under which a new district may be organized within the territory encompassed by the dissolved district. As added by P.L.136-1997, SEC.35.

proposed for inclusion Sec. 3. (a) If: (1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and (2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more existing…

required Sec. 4. (a) If: (1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and (2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more other existing distric…

Sec. 5. If a petition filed under section 1 of this chapter does not meet the requirements set forth in sections 1 through 4 of this chapter, the board shall: (1) declare the petition invalid; (2) in writing, inform the person who filed the petition that the petition is invalid, …

Sec. 6. (a) If a petition filed under section 1 of this chapter meets the requirements set forth in sections 1 through 4 of this chapter, the board shall do the following: (1) Not more than sixty (60) days after the filing of the petition, give due notice that a hearing will be h…

considerations Sec. 7. (a) When considering a petition to change the boundaries of a district, the board shall consider and give due weight to the following: (1) The information presented at the hearing held under section 6 of this chapter. (2) The attitudes toward the change in …

Sec. 9. If, after the hearing and consideration of the factors set forth in section 7 of this chapter, the board determines that a petition should be denied, the board shall, when appropriate, do the following: (1) Record the determination. (2) Deny the petition. (3) Notify a rep…

Sec. 1. This chapter does not apply to a dam that is regulated by the Federal Energy Regulatory Commission or owned by the Army Corps of Engineers. As added by P.L.104-2020, SEC.3.

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. (b) Nothing in this chapter limits an owner's liability for any damage, loss, or injury that is caused by a low head dam. As added by P.L.1…

Sec. 12. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.104-2020, SEC.3.

Sec. 13. A person who violates this chapter commits a Class C infraction. As added by P.L.104-2020, SEC.3.

Sec. 14. (a) A person may appeal an administrative decision or penalty assessed under this chapter to the commission. (b) IC 4-21.5 applies to proceedings by the commission under this section. As added by P.L.104-2020, SEC.3.

As added by P.L.104-2020, SEC.3. Expired 7-1-2021 by P.L.104-2020, SEC.3.

Sec. 2. As used in this chapter, "low head dam" means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25)…

Sec. 3. As used in this chapter, "roster" refers to the roster of low head dams adopted under section 4 of this chapter. As added by P.L.104-2020, SEC.3.

Sec. 4. (a) Not later than July 1, 2021, the commission shall adopt a roster of low head dams located in the state that are capable of creating hazardous currents that pose safety issues to swimmers, waders, or boaters. The roster must be updated periodically. (b) The roster of l…

Sec. 5. The department shall do the following: (1) Establish warning standards for low head dams that are on the roster. (2) Provide information on low head dam safety. (3) Provide contact information for the department so that a low head dam owner can discuss options for low hea…

Sec. 6. A person who owns a low head dam that is on the roster shall do the following: (1) Except as provided in section 7 of this chapter, comply with the warning standards established by the department under section 5(1) of this chapter. (2) Inform the department of any change …

Sec. 7. A person who owns at least two (2) low head dams is exempted from the requirements under section 6(1) of this chapter if: (1) that person has previously installed warning signs in coordination with the department; and (2) that person maintains and repairs the signs that e…

upon premises Sec. 8. (a) The owner of a low head dam that is on the roster and that has been damaged or breached shall notify the department within four (4) business days of becoming aware of the damage or breach. (b) The department and the department's agents, engineers, geolog…

Sec. 9. (a) A person may not access a low head dam or wade, boat, swim, or access the waters within fifty (50) feet of the low head dam when warning signs are present. (b) Notwithstanding subsection (a), a person who is performing: (1) an assessment, inspection, or maintenance on…

Sec. 1. (a) This chapter does not apply to the following: (1) A structure that meets the following conditions: (A) Is built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife. (B) Has a drainage area above …

fees Sec. 10. (a) The department shall make an engineering inspection of: (1) a significant hazard structure at least one (1) time every three (3) years; and (2) a low hazard structure at least one (1) time every five (5) years; or at more frequent intervals if the exigencies of …