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IC 14TITLE 14. NATURAL AND CULTURAL RESOURCES

 

           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.GENERAL PROVISIONS AND DEFINITIONS
           Art. 9.DEPARTMENT OF NATURAL RESOURCES
           Art. 10.NATURAL RESOURCES COMMISSION
           Art. 11.POWERS AND DUTIES OF DEPARTMENT
           Art. 12.STATE RESOURCE DEVELOPMENT
           Art. 13.LOCAL RESOURCE DEVELOPMENT
           Art. 14.RECREATIONAL DEVELOPMENT
           Art. 15.REGULATION OF WATER RECREATION
           Art. 16.REGULATION OF LAND RECREATION
           Art. 17.PROPERTY ACQUISITION
           Art. 18.STATE LAND
           Art. 19.STATE PARKS AND RECREATION AREAS
           Art. 20.STATE MUSEUMS AND HISTORIC SITES
           Art. 21.HISTORIC PRESERVATION AND ARCHEOLOGY
           Art. 22.FISH AND WILDLIFE
           Art. 23.FORESTRY
           Art. 24.ENTOMOLOGY AND PLANT PATHOLOGY
           Art. 25.WATER RIGHTS AND RESOURCES
           Art. 25.5.ENFORCEMENT ACTIONS BY THE DIVISION OF WATER
           Art. 26.LAKES AND RESERVOIRS
           Art. 27.LEVEES, DAMS, AND DRAINAGE
           Art. 28.FLOOD CONTROL
           Art. 29.RIVERS, STREAMS, AND WATERWAYS
           Art. 30.RIVER BASIN COMMISSIONS
           Art. 31.NATURE PRESERVES
           Art. 32.SOIL AND WATER CONSERVATION
           Art. 33.CONSERVANCY DISTRICTS
           Art. 34.SURFACE COAL MINING AND RECLAMATION
           Art. 35.MINING
           Art. 36.RECLAMATION
           Art. 37.OIL AND GAS
           Art. 38.OTHER PETROLEUM REGULATION
           Art. 39.CARBON DIOXIDE

 

IC 14-1ARTICLE 1. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-2ARTICLE 2. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-3ARTICLE 3. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-4ARTICLE 4. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-5ARTICLE 5. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-6ARTICLE 6. REPEALED

[Pre-Local Government Recodification Citations:

14-6-1.5-1formerly 17-2-55-1
14-6-1.5-2formerly 17-2-55-2
14-6-1.5-3formerly 17-2-55-3
14-6-30-1formerly 19-7-31-1
14-6-30-2formerly 19-7-31-2
14-6-31-1formerly 17-1-14-11(1)(B)
14-6-31-2formerly 17-1-14-11(1)(C)
14-6-31-3New.]

Repealed by P.L.1-1995, SEC.91.

 

IC 14-7ARTICLE 7. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 14-8ARTICLE 8. GENERAL PROVISIONS AND DEFINITIONS

 

           Ch. 1.General Provisions
           Ch. 2.Definitions
           Ch. 3.Effect of Recodification by the Act of the 1995 Regular Session of the General Assembly

 

IC 14-8-1Chapter 1. General Provisions

 

           14-8-1-1Applicability of definitions
           14-8-1-2Inapplicability of definitions

 

IC 14-8-1-1Applicability of definitions

     Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-1-2Inapplicability of definitions

     Sec. 2. The definitions in this article do not apply to the following:

(1) IC 14-25-13.

(2) IC 14-35-4.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2Chapter 2. Definitions

 

           14-8-2-1"Abandon"
           14-8-2-1.5"Acquiescence"
           14-8-2-2"Adjacent land"
           14-8-2-3"Affected area"
           14-8-2-4"Agency"
           14-8-2-5"Agricultural purpose"
           14-8-2-5.5"Alcoholic beverage"
           14-8-2-5.7"All-terrain vehicle"
           14-8-2-6"Alteration to the shoreline"
           14-8-2-7"Animal"
           14-8-2-7.5"Annual pass"
           14-8-2-8"Apiary"
           14-8-2-9"Applicant"
           14-8-2-10"Appraised value"
           14-8-2-11"Approximate original contour"
           14-8-2-12"Aquatic vegetation"
           14-8-2-13"Aquifer"
           14-8-2-13.5"Archeological plan"
           14-8-2-14"Area"
           14-8-2-15"Articles of dedication"
           14-8-2-16"Artifact"
           14-8-2-16.4Repealed
           14-8-2-16.5"Automated point of sale licensing system"
           14-8-2-17"Average normal water level"
           14-8-2-18"Bag limit"
           14-8-2-19Repealed
           14-8-2-19.5"Base fluid"
           14-8-2-20"Basin"
           14-8-2-21Repealed
           14-8-2-22"Beneficial use"
           14-8-2-23Repealed
           14-8-2-24"Board"
           14-8-2-25"Boat"
           14-8-2-26"Bond pool"
           14-8-2-26.2"Boundary river"
           14-8-2-26.3"Boundary river floodway"
           14-8-2-27"Boundary waters"
           14-8-2-27.5"Bow"
           14-8-2-28Repealed
           14-8-2-29"Buildings and grounds"
           14-8-2-29.7"Bureau"
           14-8-2-30"Burial ground"
           14-8-2-31"Burial object"
           14-8-2-32"Burns Waterway"
           14-8-2-33"Buy"
           14-8-2-34"Campaign"
           14-8-2-35"Carnivore"
           14-8-2-36"Carry passengers for hire"
           14-8-2-37"Cast overburden"
           14-8-2-37.5"Cemetery"
           14-8-2-37.6Repealed
           14-8-2-37.7Repealed
           14-8-2-37.8Repealed
           14-8-2-38"Channel"
           14-8-2-39"Chase"
           14-8-2-40Repealed
           14-8-2-41"Class II well"
           14-8-2-42Repealed
           14-8-2-42.2"Coal bed methane"
           14-8-2-42.5"Collateral"
           14-8-2-43"Commence to drill a well"
           14-8-2-44"Commercial fishing"
           14-8-2-45"Commercial fishing gear"
           14-8-2-46"Commercial fishing license"
           14-8-2-47"Commercially minable coal resource"
           14-8-2-48"Commission"
           14-8-2-49"Committee"
           14-8-2-49.2"Compact"
           14-8-2-49.5"Comparative balance sheet"
           14-8-2-49.6"Comparative income statement"
           14-8-2-50"Compensate"
           14-8-2-51"Conservancy district"
           14-8-2-52"Conservation easement"
           14-8-2-53"Conservation officer"
           14-8-2-54Repealed
           14-8-2-55"Construction"
           14-8-2-56Repealed
           14-8-2-57"Corporation"
           14-8-2-58"Corps"
           14-8-2-59"Corridor"
           14-8-2-60Repealed
           14-8-2-61"Council"
           14-8-2-62Repealed
           14-8-2-62.1"Credit card"
           14-8-2-63"Current assets"
           14-8-2-64"Current liabilities"
           14-8-2-65"Dealer"
           14-8-2-65.5"Decoy"
           14-8-2-66"Dedicate" and "dedication"
           14-8-2-66.5"Delinquent"
           14-8-2-67"Department"
           14-8-2-68"Deputy director"
           14-8-2-68.5"Development plan"
           14-8-2-69"Dewatering well"
           14-8-2-70"Diffused surface water"
           14-8-2-71"Director"
           14-8-2-72"District"
           14-8-2-73"District plan"
           14-8-2-74"Ditch" or "drain"
           14-8-2-75"Diver"
           14-8-2-76"Divers down flag"
           14-8-2-77"Division"
           14-8-2-77.5Repealed
           14-8-2-78"Dock or harbor line"
           14-8-2-79Repealed
           14-8-2-79.5"Domiciled"
           14-8-2-80"Due notice"
           14-8-2-81Repealed
           14-8-2-82"Elements of beekeeping"
           14-8-2-83Repealed
           14-8-2-84Repealed
           14-8-2-85"Endangered species"
           14-8-2-86"Exceptional benefits"
           14-8-2-86.5Repealed
           14-8-2-87"Exotic mammal"
           14-8-2-87.5"Exotic weed"
           14-8-2-87.6"Family member"
           14-8-2-87.7"Farmland"
           14-8-2-88"Field"
           14-8-2-89"Field trial"
           14-8-2-90"Financial clerk"
           14-8-2-91"Financial responsibility bond"
           14-8-2-91.5"Firearm"
           14-8-2-92"Fixed assets"
           14-8-2-93"Flood" or "flood water"
           14-8-2-94"Flood control"
           14-8-2-95Repealed
           14-8-2-96"Flood easement"
           14-8-2-97"Flood flow"
           14-8-2-98"Flood hazard areas"
           14-8-2-99"Flood plain"
           14-8-2-100"Flood protection grade"
           14-8-2-101"Flood water of a watercourse"
           14-8-2-102"Floodway"
           14-8-2-103"Foundation"
           14-8-2-104"Freeholder"
           14-8-2-105"Fresh water"
           14-8-2-106"Freshwater lake"
           14-8-2-107"Fund"
           14-8-2-108"Furbearing mammal"
           14-8-2-109"Fur buyer"
           14-8-2-110"Game animal"
           14-8-2-111"Game bird"
           14-8-2-112"Gate"
           14-8-2-113"Geology"
           14-8-2-114Repealed
           14-8-2-115"Ginseng"
           14-8-2-116"Ginseng dealer"
           14-8-2-116.5"Golf cart"
           14-8-2-117Repealed
           14-8-2-117.3"Governmental entity"
           14-8-2-118"Ground water" or "subterranean water"
           14-8-2-118.5"Guide services"
           14-8-2-119"Gypsum"
           14-8-2-120"Hardiness zone"
           14-8-2-121"Harvest season"
           14-8-2-121.3"Hazard classification"
           14-8-2-121.5"Height"
           14-8-2-122"Higher or better uses"
           14-8-2-122.5"Highway"
           14-8-2-123"Highway, street, or right-of-way"
           14-8-2-123.5Repealed
           14-8-2-124"Historic property"
           14-8-2-125"Historic site"
           14-8-2-126"Historic structure"
           14-8-2-127"Human remains"
           14-8-2-128"Hunt"
           14-8-2-128.2"Hunter orange"
           14-8-2-128.4"Hydraulic fracturing"
           14-8-2-129"Idle speed"
           14-8-2-130"Imminent danger to the health or safety of the public"
           14-8-2-131"Improvement location permit"
           14-8-2-131.5"Includes"
           14-8-2-131.7"Inland water"
           14-8-2-132"Inn"
           14-8-2-133"Instream use"
           14-8-2-134"Interested person"
           14-8-2-135Repealed
           14-8-2-135.2"Invitee"
           14-8-2-136"Kankakee River basin"
           14-8-2-137"Lake"
           14-8-2-138"Lake Michigan"
           14-8-2-139"Lake owner"
           14-8-2-140"Land"
           14-8-2-141"Land conservation"
           14-8-2-142"Landfill"
           14-8-2-143"Land occupier" or "occupier of land"
           14-8-2-144Repealed
           14-8-2-144.5"Lands eligible for remining"
           14-8-2-145"Landscape"
           14-8-2-146"Landscape survey"
           14-8-2-147"Land use easement"
           14-8-2-148"Law enforcement officer"
           14-8-2-149Repealed
           14-8-2-150"Levee"
           14-8-2-151"Liabilities"
           14-8-2-152"License"
           14-8-2-153"Litter"
           14-8-2-154"Little Calumet River basin"
           14-8-2-154.5"Local unit of government"
           14-8-2-155Repealed
           14-8-2-156"Log"
           14-8-2-157Repealed
           14-8-2-158"Management"
           14-8-2-159"Maumee River basin"
           14-8-2-160"Member"
           14-8-2-161"Merchantable timber"
           14-8-2-162"Migratory birds"
           14-8-2-163"Migratory water fowl"
           14-8-2-164"Mineral"
           14-8-2-165"Mining"
           14-8-2-166"Mining refuse"
           14-8-2-167"Minnow"
           14-8-2-168"Mollusk"
           14-8-2-169"Motorboat"
           14-8-2-169.5"Motorized cart"
           14-8-2-170"Municipal corporation"
           14-8-2-171"Mussel"
           14-8-2-172"Natural gas"
           14-8-2-173"Nature preserve"
           14-8-2-174"Natural resources"
           14-8-2-175"Natural river"
           14-8-2-176"Natural scenic beauty"
           14-8-2-177"Net revenues"
           14-8-2-178"Net worth"
           14-8-2-179"Nongame species"
           14-8-2-179.5"Nonresident"
           14-8-2-180"Nonsignificant ground water withdrawal facility"
           14-8-2-181"Normal water level of a lake"
           14-8-2-182"Nursery"
           14-8-2-183"Nurseryman"
           14-8-2-184"Nursery stock"
           14-8-2-185"Off-road vehicle"
           14-8-2-186"Oil"
           14-8-2-187"Open burning"
           14-8-2-188"Operate"
           14-8-2-189"Operation"
           14-8-2-190"Operator"
           14-8-2-191Repealed
           14-8-2-192"Other state"
           14-8-2-193Repealed
           14-8-2-194"Overburden"
           14-8-2-195"Owner"
           14-8-2-196Repealed
           14-8-2-197Repealed
           14-8-2-198"Participating county"
           14-8-2-199"Permit"
           14-8-2-200"Permit area"
           14-8-2-201"Permittee"
           14-8-2-202"Person"
           14-8-2-202.5"Personal watercraft"
           14-8-2-203"Pest or pathogen"
           14-8-2-204"Petroleum"
           14-8-2-205"Pit"
           14-8-2-206"Plan"
           14-8-2-207"Plug" or "plugging"
           14-8-2-208"Political subdivision"
           14-8-2-209"Pool"
           14-8-2-210"Potable water"
           14-8-2-211"Premises"
           14-8-2-212Repealed
           14-8-2-213"Prime farmland"
           14-8-2-214"Prior natural resources law"
           14-8-2-215"Private waters"
           14-8-2-216"Program"
           14-8-2-217"Project"
           14-8-2-218"Project committee"
           14-8-2-219"Property"
           14-8-2-220"Proposed district"
           14-8-2-221"Proven territory"
           14-8-2-222"Public freshwater lake"
           14-8-2-222.5"Public highway"
           14-8-2-223"Public land"
           14-8-2-224"Public or private property"
           14-8-2-225"Public property"
           14-8-2-226"Public waters"
           14-8-2-227"Pumping station"
           14-8-2-228"Pursue"
           14-8-2-228.3"Qualified individual"
           14-8-2-228.5"Raptor"
           14-8-2-229"Rated capacity of a pump"
           14-8-2-230"Real property"
           14-8-2-231"Reasonable beneficial use"
           14-8-2-232"Reclamation"
           14-8-2-233"Reclamation plan"
           14-8-2-233.5"Recreational off-road vehicle"
           14-8-2-234"Recreational purpose"
           14-8-2-235"Recreational river"
           14-8-2-236"Register"
           14-8-2-237"Registry"
           14-8-2-238Repealed
           14-8-2-239"Repair"
           14-8-2-239.5Repealed
           14-8-2-240"Reservoir"
           14-8-2-241"Reservoir impoundment"
           14-8-2-242"Resident"
           14-8-2-242.5Repealed
           14-8-2-243"Restore" or "restoration"
           14-8-2-244"Review board"
           14-8-2-245"River"
           14-8-2-245.2"Roe"
           14-8-2-245.3"Rural community"
           14-8-2-245.5"Rural fire department"
           14-8-2-246"Scenic easement"
           14-8-2-247"Scenic river"
           14-8-2-248"Season"
           14-8-2-249"Sell"
           14-8-2-250"Selling season"
           14-8-2-251Repealed
           14-8-2-252"Sewage"
           14-8-2-253"Sewerage system"
           14-8-2-254"Ship"
           14-8-2-254.5"Shooting range"
           14-8-2-255"Shoreline or water line"
           14-8-2-256"Significant ground water withdrawal facility"
           14-8-2-257"Significant water withdrawal facility"
           14-8-2-258"Site"
           14-8-2-259"Small lake"
           14-8-2-260"Small state park"
           14-8-2-261"Snowmobile"
           14-8-2-262"Soil"
           14-8-2-263"St. Joseph River basin"
           14-8-2-264"Stamp"
           14-8-2-265"State"
           14-8-2-266Repealed
           14-8-2-266.8"State college or university project"
           14-8-2-267"Stream"
           14-8-2-268"Structure"
           14-8-2-268.5"Substantial alteration"
           14-8-2-269"Substantial legal and financial commitments in a surface coal mining operation"
           14-8-2-270Repealed
           14-8-2-271"Supervisor"
           14-8-2-272"Surface coal mining and reclamation operations"
           14-8-2-273"Surface coal mining operations"
           14-8-2-274"Surface mining"
           14-8-2-274.5"Surface Mining Control and Reclamation Act"
           14-8-2-275"Surface water"
           14-8-2-276"Surplus water"
           14-8-2-277"System"
           14-8-2-278"Take"
           14-8-2-279"Tangible net worth"
           14-8-2-279.5Repealed
           14-8-2-280"Taxidermist"
           14-8-2-281"Test hole"
           14-8-2-281.5"Total length"
           14-8-2-282Repealed
           14-8-2-283Repealed
           14-8-2-284"Trust I"
           14-8-2-285"Trust II"
           14-8-2-285.5"Unanticipated event or condition"
           14-8-2-286Repealed
           14-8-2-287"Underground injection"
           14-8-2-288"Underwater breathing apparatus"
           14-8-2-289"Unit of local government"
           14-8-2-290"United States"
           14-8-2-291"Unwarranted failure to comply"
           14-8-2-291.5"Upper Wabash River basin"
           14-8-2-292"Urban geology survey"
           14-8-2-293"User"
           14-8-2-294Repealed
           14-8-2-294.5"Utility"
           14-8-2-295Repealed
           14-8-2-296"Vehicle"
           14-8-2-297"Visible"
           14-8-2-298"Vital"
           14-8-2-298.5"Volume"
           14-8-2-299"Wabash River"
           14-8-2-300"Wabash River heritage corridor"
           14-8-2-301"Wake" or "wash"
           14-8-2-302"Waste" or "wasted"
           14-8-2-303"Water containing state owned fish"
           14-8-2-304"Watercourse"
           14-8-2-305"Watercraft"
           14-8-2-306"Water facilities" and "water supply"
           14-8-2-307"Water of the state"
           14-8-2-308"Water resource"
           14-8-2-309"Water resources"
           14-8-2-310"Watershed"
           14-8-2-311"Water supply"
           14-8-2-312"Water supply reservoir"
           14-8-2-313"Water supply storage"
           14-8-2-314"Water use easement"
           14-8-2-315"Waterway"
           14-8-2-315.2"Wear hunter orange"
           14-8-2-316"Weed"
           14-8-2-317"Well for oil and gas purposes"
           14-8-2-318"Wild animal"
           14-8-2-319"Wild ginseng"
           14-8-2-320"Wildlife"
           14-8-2-321"Withdrawal use"
           14-8-2-322"Works"
           14-8-2-323"Zoological park"

 

IC 14-8-2-1"Abandon"

     Sec. 1. "Abandon", for purposes of IC 14-37, means to:

(1) terminate operations of a well for oil and gas purposes; and

(2) reclaim and restore the site of the well in a manner that will protect the waters and lands of Indiana against pollution.

[Pre-1995 Recodification Citation: 13-8-2-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-1.5"Acquiescence"

     Sec. 1.5. "Acquiescence", for the purposes of IC 14-26-2, has the meaning set forth in IC 14-26-2-1.2.

As added by P.L.6-2008, SEC.1.

 

IC 14-8-2-2"Adjacent land"

     Sec. 2. "Adjacent land", for purposes of IC 14-29-6, has the meaning set forth in IC 14-29-6-1.

[Pre-1995 Recodification Citation: 13-2-26-3(g).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-3"Affected area"

     Sec. 3. "Affected area", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-4.

[Pre-1995 Recodification Citation: 13-4-6-2(h).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-4"Agency"

     Sec. 4. "Agency", for purposes of IC 14-23-8, has the meaning set forth in IC 14-23-8-2.

[Pre-1995 Recodification Citation: 14-5-8-2.]

As added by P.L.1-1995, SEC.1. Amended by P.L.132-1996, SEC.1; P.L.39-2018, SEC.1.

 

IC 14-8-2-5"Agricultural purpose"

     Sec. 5. "Agricultural purpose", for purposes of IC 14-21-1-24, has the meaning set forth in IC 14-21-1-24.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-5.5"Alcoholic beverage"

     Sec. 5.5. "Alcoholic beverage", for purposes of IC 14-16-1, has the meaning set forth in IC 14-16-1-1.5.

As added by P.L.219-2005, SEC.15.

 

IC 14-8-2-5.7"All-terrain vehicle"

     Sec. 5.7. "All-terrain vehicle", for purposes of IC 14-8-2-185, means a motorized, off-highway vehicle that:

(1) is fifty (50) inches or less in width;

(2) has a dry weight of twelve hundred (1,200) pounds or less;

(3) is designed for travel on at least three (3) nonhighway or off-highway tires; and

(4) is designed for recreational use by one (1) or more individuals.

The term includes parts, equipment, or attachments sold with the vehicle.

As added by P.L.86-2010, SEC.2. Amended by P.L.219-2014, SEC.5.

 

IC 14-8-2-6"Alteration to the shoreline"

     Sec. 6. "Alterations to the shoreline", for purposes of IC 14-26-2-15, has the meaning set forth in IC 14-26-2-15.

[Pre-1995 Recodification Citation: 13-2-11.1-11 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-7"Animal"

     Sec. 7. "Animal", for purposes of IC 14-22, includes all mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-7.5"Annual pass"

     Sec. 7.5. "Annual pass", for the purposes of IC 14-19-3-5, has the meaning set forth in IC 14-19-3-5(a).

As added by P.L.134-1997, SEC.1.

 

IC 14-8-2-8"Apiary"

     Sec. 8. "Apiary", for purposes of IC 14-24, means a place where at least one (1) hive or colony of bees is kept.

[Pre-1995 Recodification Citation: 14-7-1-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-9"Applicant"

     Sec. 9. "Applicant", for purposes of IC 14-34-4-8, has the meaning set forth in IC 14-34-4-8.

[Pre-1995 Recodification Citation: 13-4.1-4-3(c) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-10"Appraised value"

     Sec. 10. "Appraised value", for purposes of IC 14-31-2, has the meaning set forth in IC 14-31-2-2.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-11"Approximate original contour"

     Sec. 11. "Approximate original contour", for purposes of IC 14-34-10, has the meaning set forth in IC 14-34-10-1.

[Pre-1995 Recodification Citation: 13-4.1-1-3(1).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-12"Aquatic vegetation"

     Sec. 12. "Aquatic vegetation", for purposes of IC 14-22, means completely submerged or partially emerged:

(1) moss;

(2) algae; or

(3) rooted aquatic vegetation.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-13"Aquifer"

     Sec. 13. "Aquifer", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-1.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-13.5"Archeological plan"

     Sec. 13.5. "Archeological plan", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-8(b).

As added by P.L.46-2000, SEC.1.

 

IC 14-8-2-14"Area"

     Sec. 14. "Area" has the following meaning:

(1) For purposes of IC 14-23-7, the meaning set forth in IC 14-23-7-1.

(2) For purposes of IC 14-31-1, the meaning set forth in IC 14-31-1-2.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-5-7-3; subdivision (2) formerly 14-4-5-2(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-15"Articles of dedication"

     Sec. 15. "Articles of dedication", for purposes of IC 14-31-1, has the meaning set forth in IC 14-31-1-3.

[Pre-1995 Recodification Citation: 14-4-5-2(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-16"Artifact"

     Sec. 16. "Artifact", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-2.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-16.4Repealed

As added by P.L.155-2015, SEC.5. Repealed by P.L.189-2018, SEC.128.

 

IC 14-8-2-16.5"Automated point of sale licensing system"

     Sec. 16.5. "Automated point of sale licensing system", for purposes of IC 14-22, has the meaning set forth in IC 14-22-12-7.5(a).

As added by P.L.186-2003, SEC.27.

 

IC 14-8-2-17"Average normal water level"

     Sec. 17. "Average normal water level", for purposes of IC 14-26-4, has the meaning set forth in IC 14-26-4-1.

[Pre-1995 Recodification Citation: 13-2-13-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-18"Bag limit"

     Sec. 18. "Bag limit", for purposes of IC 14-22, means the quantity of individual wild animals that may be taken:

(1) in one (1) day of the specified season for a specified wild animal; or

(2) during the entire season;

as stated in IC 14-22.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-19Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-1.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-19.5"Base fluid"

     Sec. 19.5. "Base fluid", for purposes of IC 14-37-3-8, means a fluid into which additives are mixed to form the hydraulic fracturing fluid that transports proppants into a geologic formation.

As added by P.L.16-2012, SEC.1.

 

IC 14-8-2-20"Basin"

     Sec. 20. "Basin" has the following meaning:

(1) For purposes of IC 14-25-1, the meaning set forth in section 1.2 of IC 14-25-15-1.

(2) For purposes of IC 14-30-1, the meaning set forth in IC 14-30-1-1.

(3) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-1.

(4) For purposes of IC 14-30-3, the meaning set forth in IC 14-30-3-1.

(5) For purposes of IC 14-30-4, the meaning set forth in IC 14-30-4-1.

[1995 Recodification Citation: subdivision (1) New; Pre-1995 Recodification Citation: subdivision (2) New; subdivision (3) formerly 36-7-6.2-1(b) part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.35-2001, SEC.1; P.L.4-2008, SEC.1.

 

IC 14-8-2-21Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-2.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-22"Beneficial use"

     Sec. 22. "Beneficial use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-2.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-23Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-3.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-24"Board"

     Sec. 24. "Board" has the following meaning:

(1) For purposes of IC 14-27-6, the meaning set forth in IC 14-27-6-2.

(2) For purposes of IC 14-32, the soil conservation board established by IC 14-32-2-1.

(3) For purposes of IC 14-33, the board of directors of a conservancy district.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-31-1 part; subdivision (2) formerly 13-3-1-3(3); subdivision (3) formerly 13-2-6-2(a) part; 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-25"Boat"

     Sec. 25. "Boat", for purposes of IC 14-15, means watercraft.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-26"Bond pool"

     Sec. 26. "Bond pool", for purposes of IC 14-34-8, has the meaning set forth in IC 14-34-8-1.

[Pre-1995 Recodification Citation: 13-4.1-6.5-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-26.2"Boundary river"

     Sec. 26.2. "Boundary river", for purposes of IC 14-28-1, has the meaning set forth in IC 14-28-1-1.2.

As added by P.L.135-1997, SEC.1.

 

IC 14-8-2-26.3"Boundary river floodway"

     Sec. 26.3. "Boundary river floodway", for purposes of IC 14-28-1, has the meaning set forth in IC 14-28-1-1.3.

As added by P.L.135-1997, SEC.2.

 

IC 14-8-2-27"Boundary waters"

     Sec. 27. "Boundary waters", for purposes of IC 14-9-9 and IC 14-22, means the following:

(1) The part of the Wabash River that forms the boundary between Illinois and Indiana.

(2) The part of the Ohio River that forms the boundary between Kentucky and Indiana.

(3) The part of the Great Miami River that forms the boundary between Ohio and Indiana.

(4) The part of Lake Michigan that is under the jurisdiction of Indiana.

(5) The lakes other than Lake Michigan that are on the boundary between Indiana and bordering states.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.219-2014, SEC.6.

 

IC 14-8-2-27.5"Bow"

     Sec. 27.5. "Bow", for purposes of IC 14-22-40, has the meaning set forth in IC 14-22-40-1.

As added by P.L.133-1996, SEC.1.

 

IC 14-8-2-28Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-4.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-29"Buildings and grounds"

     Sec. 29. "Buildings and grounds", for purposes of IC 14-20-7, has the meaning set forth in IC 14-20-7-1.

[Pre-1995 Recodification Citation: 14-6-27-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-29.7"Bureau"

     Sec. 29.7. "Bureau", for purposes of IC 14-11-3, has the meaning set forth in IC 14-11-3-0.3.

As added by P.L.257-1997(ss), SEC.24.

 

IC 14-8-2-30"Burial ground"

     Sec. 30. "Burial ground", for purposes of IC 14-21, has the meaning set forth in IC 14-21-1-3.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.46-2000, SEC.2.

 

IC 14-8-2-31"Burial object"

     Sec. 31. "Burial object", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-4.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-32"Burns Waterway"

     Sec. 32. "Burns Waterway", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-1.

[Pre-1995 Recodification Citation: 14-6-29.5-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-33"Buy"

     Sec. 33. "Buy", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-1.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-34"Campaign"

     Sec. 34. "Campaign", for purposes of IC 14-31-2, has the meaning set forth in IC 14-31-2-3.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-35"Carnivore"

     Sec. 35. (a) "Carnivore", for purposes of IC 14-22, means a flesh-eating mammal. The term includes the following:

(1) A wild animal of the following families:

(A) Canine.

(B) Feline.

(C) Ursine.

(2) A wild animal that is a result of crossbreeding between the following:

(A) An animal listed in subdivision (1).

(B) Another animal listed in subdivision (1) or a domestic animal.

     (b) The term does not include a domestic animal.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-36"Carry passengers for hire"

     Sec. 36. (a) "Carry passengers for hire", for purposes of IC 14-15, means the carrying or transportation of passengers for a passage or trip in consideration of a fare or charge.

     (b) The term does not include the following:

(1) The carrying or transportation of passengers or guests without charge.

(2) The leasing or rental of a watercraft to a lessee to be operated by the lessee as the lessee's own for an hour, a day, a week, or other fixed period.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-37"Cast overburden"

     Sec. 37. "Cast overburden", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-5.

[Pre-1995 Recodification Citation: 13-4-6-2(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-37.5"Cemetery"

     Sec. 37.5. "Cemetery", for purposes of IC 14-21, has the meaning set forth in IC 23-14-33-7.

As added by P.L.46-2000, SEC.3.

 

IC 14-8-2-37.6Repealed

As added by P.L.93-2005, SEC.1. Repealed by P.L.89-2016, SEC.1.

 

IC 14-8-2-37.7Repealed

As added by P.L.93-2005, SEC.2. Repealed by P.L.89-2016, SEC.2.

 

IC 14-8-2-37.8Repealed

As added by P.L.93-2005, SEC.3. Repealed by P.L.89-2016, SEC.3.

 

IC 14-8-2-38"Channel"

     Sec. 38. "Channel" has the following meaning:

(1) For purposes of IC 14-28-1 and IC 14-28-3, the natural or artificial channel of a river or stream.

(2) For purposes of IC 14-29-4, the meaning set forth in IC 14-29-4-1.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-22-3(10); subdivision (2) formerly 13-2-18.5-1(1).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-39"Chase"

     Sec. 39. "Chase", for purposes of IC 14-22, means following wildlife without the intent to take.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-40Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.7.

 

IC 14-8-2-41"Class II well"

     Sec. 41. "Class II well", for purposes of IC 14-37, means a well that injects fluids:

(1) that are brought to the surface in connection with conventional oil or gas production and can be commingled with wastewaters (other than wastewaters classified as hazardous waste at the time of injection) from gas plants that are an integral part of production operations;

(2) for the enhanced recovery of oil or gas; or

(3) for the storage of hydrocarbons that are liquid at standard temperature and pressure.

[Pre-1995 Recodification Citation: 13-8-2-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-42Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-5.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-42.2"Coal bed methane"

     Sec. 42.2. "Coal bed methane", for purposes of section 317 of this chapter and IC 14-37, means gaseous substances of whatever character lying within or emanating from:

(1) unmined coal seams, either naturally or as a result of stimulation of the coal seam;

(2) the void created by mining out coal seams; or

(3) the gob created by longwall or other extraction methods of coal mining.

As added by P.L.78-2010, SEC.1. Amended by P.L.140-2011, SEC.1.

 

IC 14-8-2-42.5"Collateral"

     Sec. 42.5. "Collateral", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-0.5.

As added by P.L.176-1995, SEC.1.

 

IC 14-8-2-43"Commence to drill a well"

     Sec. 43. "Commence to drill a well", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-1.

[Pre-1995 Recodification Citation: 14-4-3-1(1).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-44"Commercial fishing"

     Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has the meaning set forth in IC 14-22-14-1.

[Pre-1995 Recodification Citation: 14-2-12-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-45"Commercial fishing gear"

     Sec. 45. "Commercial fishing gear", for purposes of IC 14-22-14, has the meaning set forth in IC 14-22-14-2.

[Pre-1995 Recodification Citation: 14-2-12-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-46"Commercial fishing license"

     Sec. 46. "Commercial fishing license", for purposes of IC 14-22-14, has the meaning set forth in IC 14-22-14-3.

[Pre-1995 Recodification Citation: 14-2-12-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-47"Commercially minable coal resource"

     Sec. 47. (a) "Commercially minable coal resource", for purposes of IC 14-37, means a seam of coal that:

(1) can be mined using generally accepted underground practices and suitable equipment; and

(2) consists of coal in sufficient quantities and of sufficient quality to be commercially saleable.

     (b) The term includes a seam of coal to which one (1) or more of the following apply:

(1) The seam is:

(A) associated with an underground mine permitted under IC 14-34; and

(B) specifically intended to be mined under the permit.

(2) The seam is associated with an inactive underground mining operation at which mining operations:

(A) have temporarily ceased; and

(B) are anticipated to be resumed by the person with the right to develop the seam.

(3) The seam is identified as a commercially minable coal resource by the owner or lessee of the seam by a map accompanied by an affidavit that:

(A) is filed with the division of oil and gas; and

(B) states that the coal in the seam is being held for later commercial production.

(4) The seam is:

(A) at least thirty-six (36) inches thick; and

(B) located not more than eight hundred (800) feet below the surface.

[Pre-1995 Recodification Citation: 13-8-2-4.]

As added by P.L.1-1995, SEC.1. Amended by P.L.78-2010, SEC.2; P.L.42-2011, SEC.31.

 

IC 14-8-2-48"Commission"

     Sec. 48. (a) "Commission", except as provided in this section, refers to the natural resources commission.

     (b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.

     (c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.

     (d) "Commission", for purposes of IC 14-13-4, has the meaning set forth in IC 14-13-4-1.

     (e) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.

     (f) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.

     (g) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.

     (h) "Commission", for purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-1.

     (i) "Commission", for purposes of IC 14-30-1, has the meaning set forth in IC 14-30-1-2.

     (j) "Commission", for purposes of IC 14-30-2, has the meaning set forth in IC 14-30-2-2.

     (k) "Commission", for purposes of IC 14-30-3, has the meaning set forth in IC 14-30-3-2.

     (l) "Commission", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-2.

     (m) "Commission", for purposes of IC 14-33-20, has the meaning set forth in IC 14-33-20-2.

[Pre-1995 Recodification Citations: subsection (a) formerly 13-2-2.5-2(b); 13-2-2.6-1; 13-2-6.1-1 part; 13-2-9-2 part; 13-2-18.5-1(3); 13-2-20-1(1); 13-2-22-3(1); 13-2-23-1(3); 13-2-26-3(a); 13-2-33-1; 13-3-3-1 part; 13-3-5-1(a) part; 13-3-6-2(a) part; 13-4-3-3(b); 13-4-5-2(2); 13-4-6-2(k); 13-4.1-1-3(2); 13-8-2-5; 14-1-1-1 part; 14-3-3.3-1(b); 14-3-3.4-1 part; 14-3-17-1; 14-3-18-2; 14-3-20-2; 14-4-3-1(7); 14-4-5-2(h); 14-4-5.1-2 part; 14-6-35-1; 14-7-1-4, subsection (b) New; subsection (c) New; subsection (d) formerly 14-6-32-1; subsection (e) formerly 14-6-33-1; subsection (f) formerly 14-6-37-1; subsection (g) formerly 14-6-36-2; subsection (h) formerly 14-3-12-3(a); subsection (i) formerly 14-6-14.1-2(a) part; subsection (j) New; subsection (k) formerly 13-3-7-1 part; subsection (l) formerly 13-2-22.6-1 part; subsection (m) New; subsection (n) formerly 36-7-6.1-1; subsection (o) formerly 36-7-6.2-1(a) part; subsection (p) formerly 13-3-4-1(b).]

As added by P.L.1-1995, SEC.1. Amended by P.L.35-2001, SEC.2; P.L.85-2008, SEC.1; P.L.197-2011, SEC.46; P.L.133-2012, SEC.162; P.L.189-2018, SEC.129.

 

IC 14-8-2-49"Committee"

     Sec. 49. "Committee", for purposes of IC 14-34-8, has the meaning set forth in IC 14-34-8-2.

[Pre-1995 Recodification Citation: 13-4.1-6.5-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-49.2"Compact"

     Sec. 49.2. "Compact", for purposes of IC 14-25-15, has the meaning set forth in IC 14-25-15-1.

As added by P.L.225-2005, SEC.1. Amended by P.L.4-2008, SEC.2; P.L.113-2014, SEC.87; P.L.219-2014, SEC.7.

 

IC 14-8-2-49.5"Comparative balance sheet"

     Sec. 49.5. "Comparative balance sheet", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-0.6.

As added by P.L.176-1995, SEC.2.

 

IC 14-8-2-49.6"Comparative income statement"

     Sec. 49.6. "Comparative income statement", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-0.7.

As added by P.L.176-1995, SEC.3.

 

IC 14-8-2-50"Compensate"

     Sec. 50. "Compensate", for purposes of IC 14-34-11-3, has the meaning set forth in IC 14-34-11-3.

[Pre-1995 Recodification Citation: 13-4.1-9-2.5(b).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-51"Conservancy district"

     Sec. 51. "Conservancy district", for purposes of IC 14-25-2-11, has the meaning set forth in IC 14-25-2-11.

[Pre-1995 Recodification Citation: 13-2-1-7.1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-52"Conservation easement"

     Sec. 52. "Conservation easement", for purposes of IC 14-29-6-13, has the meaning set forth in IC 14-29-6-13.

[Pre-1995 Recodification Citation: 13-2-26-3(l).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-53"Conservation officer"

     Sec. 53. "Conservation officer" refers to an officer employee of the law enforcement division organized under IC 14-9-8.

[Pre-1995 Recodification Citation: 14-3-4-1(a).]

As added by P.L.1-1995, SEC.1. Amended by P.L.26-2008, SEC.1.

 

IC 14-8-2-54Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-6.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-55"Construction"

     Sec. 55. "Construction" has the following meaning:

(1) For purposes of IC 14-25-4, the meaning set forth in IC 14-25-4-1.

(2) For purposes of IC 14-26-2-15, the meaning set forth in IC 14-26-2-15.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-2.5-2(c); subsection (2) formerly 13-2-11.1-11 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-56Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.8.

 

IC 14-8-2-57"Corporation"

     Sec. 57. "Corporation", for purposes of IC 14-12-3, has the meaning set forth in IC 14-12-3-1.

[Pre-1995 Recodification Citations: 14-6-35-2; 14-6-35-5.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-58"Corps"

     Sec. 58. "Corps", for purposes of IC 14-23-8, has the meaning set forth in IC 14-23-8-3.

[Pre-1995 Recodification Citation: 14-5-8-3 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-59"Corridor"

     Sec. 59. "Corridor" has the following meaning:

(1) For purposes of IC 14-13-4, the meaning set forth in IC 14-13-4-2.

(2) For purposes of IC 14-13-5, the meaning set forth in IC 14-13-5-2.

(3) For purposes of IC 14-13-6, the meaning set forth in IC 14-13-6-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-6-32-2; subdivision (2) formerly 14-6-33-2; subdivision (3) formerly 14-6-37-2; subdivision (4) formerly 14-6-36-3.]

As added by P.L.1-1995, SEC.1. Amended by P.L.197-2011, SEC.47.

 

IC 14-8-2-60Repealed

[Pre-1995 Recodification Citation: 14-3-12-3(d).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.189-2018, SEC.130.

 

IC 14-8-2-61"Council"

     Sec. 61. "Council", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-5.

[1995 Recodification Citation: subdivisions (1), (2), (3), (4) New; Pre-1995 Recodification Citation: subdivision (5) formerly 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.197-2011, SEC.48.

 

IC 14-8-2-62Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-7.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-62.1"Credit card"

     Sec. 62.1. "Credit card", for purposes of IC 14-11-1-7, has the meaning set forth in IC 14-11-1-7.

As added by P.L.95-1998, SEC.1.

 

IC 14-8-2-63"Current assets"

     Sec. 63. "Current assets", for purposes of IC 14-34-7-4, has the meaning set forth in IC 14-34-7-4.

[Pre-1995 Recodification Citation: 13-4.1-6.3-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-64"Current liabilities"

     Sec. 64. "Current liabilities", for purposes of IC 14-34-7-4, has the meaning set forth in IC 14-34-7-4.

[Pre-1995 Recodification Citation: 13-4.1-6.3-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-65"Dealer"

     Sec. 65. "Dealer" has the following meaning:

(1) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-2.

(2) For purposes of IC 14-24, the term means a person who grows or buys nursery stock for the purpose of reselling or reshipping the stock in Indiana.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-3-1(h); subdivision (2) formerly 14-1-3.5-1 part; subdivision (3) formerly 14-7-1-5.]

As added by P.L.1-1995, SEC.1. Amended by P.L.186-2003, SEC.28.

 

IC 14-8-2-65.5"Decoy"

     Sec. 65.5. "Decoy", for purposes of IC 14-22-40, has the meaning set forth in IC 14-22-40-2.

As added by P.L.133-1996, SEC.2.

 

IC 14-8-2-66"Dedicate" and "dedication"

     Sec. 66. "Dedicate" and "dedication", for purposes of IC 14-31-1, have the meaning set forth in IC 14-31-1-4.

[Pre-1995 Recodification Citation: 14-4-5-2(c).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-66.5"Delinquent"

     Sec. 66.5. "Delinquent", for purposes of IC 14-11-3, has the meaning set forth in IC 14-11-3-0.5.

As added by P.L.257-1997(ss), SEC.25.

 

IC 14-8-2-67"Department"

     Sec. 67. (a) "Department", except for purposes of IC 14-20-7 and IC 14-32, refers to the department of natural resources.

     (b) "Department", for purposes of IC 14-20-7, refers to the Indiana department of veterans' affairs established by IC 10-17-1-2.

     (c) "Department", for purposes of IC 14-32, refers to the Indiana state department of agriculture established by IC 15-11-2-1.

[Pre-1995 Recodification Citations: 13-2-2-1 part; 13-2-2.5-2(d); 13-2-2.6-2; 13-2-6.1-1 part; 13-2-11.1-1 part; 13-2-22-3(2); 13-2-22.2-8; 13-2-26-1 part; 13-3-1-3(13); 13-3-7-1 part; 13-4-3-3(a); 13-4-5-2(1); 13-4-6-2(l); 13-8-2-6; 14-1-1-1 part; 14-1-3-1(j); 14-1-3.5-1 part; 14-2-2-1; 14-2-4.5-1(b); 14-2-4.6-1 part; 14-2-8.5-1(a); 14-3-3.3-1(d); 14-3-3.4-1 part; 14-3-17-2; 14-3-18-3; 14-3-20-3; 14-4-5-2(g); 14-4-5.1-2 part; 14-4-8-1 part; 14-5-4-2(b); 14-5-5-1 part; 14-5-8-3 part; 14-6-2-2; 14-6-2.5-1; 14-6-35-3; 14-7-1-6.]

As added by P.L.1-1995, SEC.1. Amended by P.L.1-2006, SEC.206; P.L.2-2008, SEC.28; P.L.120-2008, SEC.5; P.L.113-2010, SEC.95.

 

IC 14-8-2-68"Deputy director"

     Sec. 68. "Deputy director" refers to the deputy director of the bureau that supervises a division.

[Pre-1995 Recodification Citation: 14-7-1-7.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-68.5"Development plan"

     Sec. 68.5. "Development plan", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-8(c).

As added by P.L.46-2000, SEC.4.

 

IC 14-8-2-69"Dewatering well"

     Sec. 69. "Dewatering well", for purposes of IC 14-25-4, has the meaning set forth in IC 14-25-4-2.

[Pre-1995 Recodification Citation: 13-2-2.5-2(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-70"Diffused surface water"

     Sec. 70. "Diffused surface water", for purposes of IC 14-25 through IC 14-29, means water that comes from falling rain or melting snow or ice and that:

(1) is diffused over the surface of the ground or that temporarily flows vagrantly on or over the surface of the ground as the natural elevations and depressions of the surface of the earth guide the water; and

(2) has no definite banks or channel.

[Pre-1995 Recodification Citation: 13-2-1-4(3).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-71"Director"

     Sec. 71. "Director" refers to the director of the department of natural resources.

[Pre-1995 Recodification Citations: 13-2-2.5-2(f); 13-2-2.6-3; 3-2-11.1-1 part; 13-2-26-3(b); 13-4-6-2(m); 13-4.1-1-3(3); 13-8-2-8; 14-1-3-1(k); 14-1-3.5-1 part; 14-2-2-1 part; 14-2-8.5-1(b); 14-3-3.3-1(e); 14-3-3.4-1 part; 14-3-18-4; 14-4-8-1 part; 14-6-36-4; 14-7-1-8; 14-8-2-72; New.]

As added by P.L.1-1995, SEC.1. Amended by P.L.132-1996, SEC.2; P.L.39-2018, SEC.2.

 

IC 14-8-2-72"District"

     Sec. 72. "District" has the following meaning:

(1) For purposes of IC 14-27-8, the meaning set forth in IC 14-27-8-2.

(2) For purposes of IC 14-32, the term refers to a soil and water conservation district that was:

(A) organized under IC 13-3-1 (before its repeal) or IC 14-32-3 (before its repeal); or

(B) reestablished under IC 14-32-6.5 to incorporate additional territory.

(3) For purposes of IC 14-33, a conservancy district established under or accepting:

(A) IC 13-3-3 (before its repeal);

(B) IC 14-33; or

(C) IC 19-3-2 (before its repeal on April 1, 1980), including a conservancy district established before April 20, 1956, for any purpose provided in IC 14-33-1-1.

[Pre-1995 Recodification Citations: subdivision (1) New; subdivision (2) formerly 13-3-1-3(1); subdivision (3) formerly 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.136-1997, SEC.1.

 

IC 14-8-2-73"District plan"

     Sec. 73. "District plan", for purposes of IC 14-33, means the plan made after a conservancy district is established for accomplishing the purpose of the district.

[Pre-1995 Recodification Citations: 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-74"Ditch" or "drain"

     Sec. 74. "Ditch" or "drain", for purposes of IC 14-27-8, has the meaning set forth in IC 14-27-8-3.

[Pre-1995 Recodification Citation: 13-2-21-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-75"Diver"

     Sec. 75. "Diver", for purposes of IC 14-15-9, has the meaning set forth in IC 14-15-9-1.

[Pre-1995 Recodification Citation: 14-1-7-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-76"Divers down flag"

     Sec. 76. "Divers down flag", for purposes of IC 14-15-9, has the meaning set forth in IC 14-15-9-2.

[Pre-1995 Recodification Citation: 14-1-7-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-77"Division"

     Sec. 77. "Division" has the following meaning:

(1) For purposes of IC 14-9-8, the meaning set forth in IC 14-9-8-2.

(2) For purposes of IC 14-21, the division of historic preservation and archeology.

(3) For purposes of IC 14-22, the division of fish and wildlife.

(4) For purposes of IC 14-24, the division of entomology and plant pathology.

(5) For purposes of IC 14-25.5, the division of water.

(6) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-4.

(7) For purposes of IC 14-32, the division of soil conservation of the Indiana state department of agriculture established by IC 15-11-4-1.

(8) For purposes of IC 14-37, the division of oil and gas.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-4-1(b); subdivision (2) formerly 14-3-3.3-1(f); subdivision (3) formerly 14-3-3.4-1 part; subdivision (4) formerly 14-2-2-1 part; subdivision (5) formerly 14-7-1-9; subdivision (6) formerly 14-4-5.1-2 part; subdivision (7) formerly 13-8-2-9.]

As added by P.L.1-1995, SEC.1. Amended by P.L.145-2002, SEC.1; P.L.1-2006, SEC.207; P.L.2-2008, SEC.29; P.L.85-2008, SEC.2; P.L.120-2008, SEC.6; P.L.69-2009, SEC.1; P.L.167-2011, SEC.2.

 

IC 14-8-2-77.5Repealed

As added by P.L.132-1996, SEC.3. Repealed by P.L.39-2018, SEC.3.

 

IC 14-8-2-78"Dock or harbor line"

     Sec. 78. "Dock or harbor line", for purposes of IC 14-18-6, has the meaning set forth in IC 14-18-6-1.

[Pre-1995 Recodification Citation: 4-20.5-8-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-79Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-9.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-79.5"Domiciled"

     Sec. 79.5. "Domiciled", for purposes of section 242 of this chapter, means to be living in a place that:

(1) is a person's true, fixed, and permanent home and principal residence to which, whenever the person is temporarily absent, the person intends to return; and

(2) is a permanent building or a part of a building:

(A) including a house, a condominium, an apartment, a room in a house or complex, or a mobile home; and

(B) not including a vacant lot, second home, camp, cottage, or premises used solely for business.

As added by P.L.155-2002, SEC.2 and P.L.158-2002, SEC.1.

 

IC 14-8-2-80"Due notice"

     Sec. 80. "Due notice", for purposes of IC 14-32, means a notice given through publication at least two (2) times, with an interval of at least six (6) days between the two (2) publication dates, in a newspaper or other publication of general circulation within the appropriate area.

[Pre-1995 Recodification Citation: 13-3-1-3(12).]

As added by P.L.1-1995, SEC.1. Amended by P.L.136-1997, SEC.2.

 

IC 14-8-2-81Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-10.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-82"Elements of beekeeping"

     Sec. 82. "Elements of beekeeping", for purposes of IC 14-24, includes bees, hives, combs, combless packages of bees or queens, and beekeeping equipment or appurtenances.

[Pre-1995 Recodification Citation: 14-7-1-11.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-83Repealed

[Pre-1995 Recodification Citation: 14-3-20-33.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.172-2016, SEC.2.

 

IC 14-8-2-84Repealed

[Pre-1995 Recodification Citation: 13-3-7-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.133-2012, SEC.163.

 

IC 14-8-2-85"Endangered species"

     Sec. 85. (a) "Endangered species", for purposes of IC 14-9-2-5, has the meaning set forth in IC 14-9-2-5(a).

     (b) "Endangered species", for purposes of IC 14-22-34, has the meaning set forth in IC 14-22-34-1.

[Pre-1995 Recodification Citation: 14-2-8.5-1(c).]

As added by P.L.1-1995, SEC.1. Amended by P.L.155-2015, SEC.6.

 

IC 14-8-2-86"Exceptional benefits"

     Sec. 86. "Exceptional benefits", for purposes of IC 14-33, means benefits to real property in a conservancy district greater than the benefits uniformly received throughout the district from:

(1) the establishment of the district; and

(2) the execution of the district plan.

[Pre-1995 Recodification Citations: 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-86.5Repealed

As added by P.L.225-2005, SEC.2. Repealed by P.L.113-2014, SEC.88; P.L.219-2014, SEC.8.

 

IC 14-8-2-87"Exotic mammal"

     Sec. 87. "Exotic mammal", for purposes of IC 14-22, means a species that is:

(1) not native to Indiana; or

(2) extirpated from Indiana and either:

(A) a wild animal; or

(B) a feral animal other than a dog or cat.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-87.5"Exotic weed"

     Sec. 87.5. "Exotic weed" means a weed that is not native to Indiana.

As added by P.L.177-1995, SEC.1.

 

IC 14-8-2-87.6"Family member"

     Sec. 87.6. "Family member", for purposes of IC 14-21-5, has the meaning set forth in IC 14-21-5-1.

As added by P.L.68-2012, SEC.2.

 

IC 14-8-2-87.7"Farmland"

     Sec. 87.7. "Farmland", for purposes of IC 14-22-11-1, has the meaning set forth in IC 14-22-11-1.

As added by P.L.186-2003, SEC.29.

 

IC 14-8-2-88"Field"

     Sec. 88. "Field", for purposes of IC 14-37-9-3, has the meaning set forth in IC 14-37-9-3.

[Pre-1995 Recodification Citation: 13-8-2-11.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-89"Field trial"

     Sec. 89. "Field trial", for purposes of IC 14-22, means a trial of sporting dogs under field conditions where dogs chase or pursue wild animals under specified rules of national or regional recognized hunting dog associations approved by the director.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-90"Financial clerk"

     Sec. 90. "Financial clerk", for purposes of IC 14-33, means a bonded employee of the board of directors of a conservancy district charged with the faithful receipt and disbursement of the money of the district.

[Pre-1995 Recodification Citations: 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-91"Financial responsibility bond"

     Sec. 91. "Financial responsibility bond", for purposes of IC 14-25-5, has the meaning set forth in IC 14-25-5-2.

[Pre-1995 Recodification Citation: 13-2-2.6-4.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-91.5"Firearm"

     Sec. 91.5. "Firearm", for purposes of IC 14-22-40, has the meaning set forth in IC 14-22-40-3.

As added by P.L.133-1996, SEC.3.

 

IC 14-8-2-92"Fixed assets"

     Sec. 92. "Fixed assets", for purposes of IC 14-34-7-4, has the meaning set forth in IC 14-34-7-4.

[Pre-1995 Recodification Citation: 13-4.1-6.3-4.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-93"Flood" or "flood water"

     Sec. 93. "Flood" or "flood water", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-28-4, means the water:

(1) of a river, stream, or lake:

(A) in Indiana; or

(B) upon or adjoining a boundary line of Indiana; and

(2) that is above the bank or outside the channel and banks of the river, stream, or lake.

[Pre-1995 Recodification Citation: 13-2-22-3(8); 13-2-22.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-94"Flood control"

     Sec. 94. "Flood control", for purposes of IC 14-28-1, has the meaning set forth in IC 14-28-1-2.

[Pre-1995 Recodification Citation: 13-2-22-3(14).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-95Repealed

[Pre-1995 Recodification Citation: 13-2-23-1(4).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.189-2018, SEC.131.

 

IC 14-8-2-96"Flood easement"

     Sec. 96. "Flood easement", for purposes of IC 14-28-1, has the meaning set forth in IC 14-28-1-3.

[Pre-1995 Recodification Citation: 13-2-22-3(15).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-97"Flood flow"

     Sec. 97. "Flood flow", for purposes of IC 14-28-1 and IC 14-28-3, means all of the water of a river or stream that exceeds the within-bank channel flow of the river or stream.

[Pre-1995 Recodification Citation: 13-2-22-3(9).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-98"Flood hazard areas"

     Sec. 98. "Flood hazard areas", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-28-4, means those flood plains or parts of flood plains that have not been adequately protected from flood water by means of dikes, levees, reservoirs, or other works approved by the natural resources commission.

[Pre-1995 Recodification Citations: 13-2-22-3(6); 13-2-22.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-99"Flood plain"

     Sec. 99. "Flood plain", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-28-4, means the area adjoining a river or stream that has been or may be covered by flood water.

[Pre-1995 Recodification Citations: 13-2-22-3(11); 13-2-22.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-100"Flood protection grade"

     Sec. 100. "Flood protection grade", for purposes of IC 14-28-4-16, has the meaning set forth in IC 14-28-4-16.

[Pre-1995 Recodification Citation: 13-2-22.6-12(b)(2).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-101"Flood water of a watercourse"

     Sec. 101. "Flood water of a watercourse", for purposes of IC 14-25 through IC 14-29, means water that is flowing or standing above the top level of or outside of the banks of a watercourse.

[Pre-1995 Recodification Citation: 13-2-1-4(7).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-102"Floodway"

     Sec. 102. "Floodway", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-34, means:

(1) the channel of a river or stream; and

(2) the parts of the flood plain adjoining the channel that are reasonably required to efficiently carry and discharge the flood water or flood flow of a river or stream.

[Pre-1995 Recodification Citations: 13-2-22-3(12); 13-2-22.6-12(b)(1).]

As added by P.L.1-1995, SEC.1. Amended by P.L.2-1997, SEC.51.

 

IC 14-8-2-103"Foundation"

     Sec. 103. "Foundation" refers to the Indiana natural resources foundation.

[Pre-1995 Recodification Citations: 14-3-17-3; 14-3-20-4.]

As added by P.L.1-1995, SEC.1. Amended by P.L.66-2008, SEC.1; P.L.167-2011, SEC.3.

 

IC 14-8-2-104"Freeholder"

     Sec. 104. "Freeholder", for purposes of IC 14-33, means a person who holds land:

(1) in fee;

(2) for life; or

(3) for some indeterminate period of time;

whether or not in joint title with at least one (1) other person.

[Pre-1995 Recodification Citations: 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-105"Fresh water"

     Sec. 105. "Fresh water", for purposes of IC 14-37, means water that contains not more than ten thousand (10,000) milligrams per liter of total dissolved solids.

[Pre-1995 Recodification Citation: 13-8-2-12.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-106"Freshwater lake"

     Sec. 106. "Freshwater lake", for purposes of IC 14-25-5, has the meaning set forth in IC 14-25-5-3.

[Pre-1995 Recodification Citation: 13-2-2.6-5 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-107"Fund"

     Sec. 107. "Fund" has the following meaning:

(1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.

(2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.

(3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.

(4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.

(5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.

(6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.

(7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.

(8) For purposes of IC 14-13-1, the meaning set forth in IC 14-13-1-2.

(9) For purposes of IC 14-13-2, the meaning set forth in IC 14-13-2-3.

(10) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-30.

(11) For purposes of IC 14-19-8, the meaning set forth in IC 14-19-8-1.

(12) For purposes of IC 14-20-11, the meaning set forth in IC 14-20-11-2.

(13) For purposes of IC 14-22-3, the meaning set forth in IC 14-22-3-1.

(14) For purposes of IC 14-22-4, the meaning set forth in IC 14-22-4-1.

(15) For purposes of IC 14-22-5, the meaning set forth in IC 14-22-5-1.

(16) For purposes of IC 14-22-8, the meaning set forth in IC 14-22-8-1.

(17) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-2.

(18) For purposes of IC 14-23-3, the meaning set forth in IC 14-23-3-1.

(19) For purposes of IC 14-25-2-4, the meaning set forth in IC 14-25-2-4.

(20) For purposes of IC 14-25-10, the meaning set forth in IC 14-25-10-1.

(21) For purposes of IC 14-25.5, the meaning set forth in IC 14-25.5-1-3.

(22) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-5.

(23) For purposes of IC 14-25-12, the meaning set forth in IC 14-25-12-1.

(24) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-1.

(25) For purposes of IC 14-33-14, the meaning set forth in IC 14-33-14-3.

(26) For purposes of IC 14-33-21, the meaning set forth in IC 14-33-21-1.

(27) For purposes of IC 14-34-6-15, the meaning set forth in IC 14-34-6-15.

(28) For purposes of IC 14-34-14, the meaning set forth in IC 14-34-14-1.

(29) For purposes of IC 14-34-19-1.3, the meaning set forth in IC 14-34-19-1.3(a).

(30) For purposes of IC 14-34-19-1.5, the meaning set forth in IC 14-34-19-1.5(a).

(31) For purposes of IC 14-37-10, the meaning set forth in IC 14-37-10-1.

[1995 Recodification Citations: subdivision (1) New; subdivision (2) formerly 14-3-4-11; subdivision (3) formerly 14-3-17-4; subdivision (4) formerly 14-3-20-5; subdivision (5) formerly 14-6-35-4; subdivisions (6), (7), (8), (9), (10), (11), (12), (13) New; subdivision (14) formerly 14-3-19-1; subdivisions (15), (16), (17), (18), (19), (20), (21) New; subdivision (22) formerly 14-4-5.1-2 part; subdivision (23) formerly 14-3-15-1; subdivision (24) New; subdivision (25) formerly 13-3-5-1(b); subdivision (26) 13-4.1-6-8 part; subdivision (27) New; subdivision (28) formerly 13-8-12-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.137-1997, SEC.1; P.L.160-1999, SEC.1; P.L.145-2002, SEC.2; P.L.233-2003, SEC.3; P.L.186-2003, SEC.30; P.L.225-2005, SEC.3; P.L.1-2006, SEC.208; P.L.85-2008, SEC.3; P.L.165-2011, SEC.1; P.L.167-2011, SEC.4; P.L.133-2012, SEC.164; P.L.113-2014, SEC.89; P.L.219-2014, SEC.9; P.L.189-2018, SEC.132.

 

IC 14-8-2-108"Furbearing mammal"

     Sec. 108. "Furbearing mammal", for purposes of IC 14-22, means beaver, red fox, gray fox, long tailed weasel, mink, muskrat, raccoon, coyote, opossum, or skunk.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-109"Fur buyer"

     Sec. 109. "Fur buyer", for purposes of IC 14-22, means a person who purchases or solicits:

(1) the purchase of a furbearing mammal; or

(2) the untanned hide or fur of a furbearing mammal;

whether in the buyer's behalf or as agent for another person.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-110"Game animal"

     Sec. 110. "Game animal" has the following meanings:

(1) For purposes of IC 14-22-37, the meaning set forth in IC 14-22-37-1.

(2) For purposes of IC 14-22-40, the meaning set forth in IC 14-22-40-4.

[Pre-1995 Recodification Citation: 14-2-11-1.]

As added by P.L.1-1995, SEC.1. Amended by P.L.133-1996, SEC.4.

 

IC 14-8-2-111"Game bird"

     Sec. 111. "Game bird", for purposes of IC 14-22-8, has the meaning set forth in IC 14-22-8-2.

[Pre-1995 Recodification Citation: 14-2-4.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-112"Gate"

     Sec. 112. "Gate", for purposes of IC 14-27-6, has the meaning set forth in IC 14-27-6-3.

[Pre-1995 Recodification Citation: 13-2-31-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-113"Geology"

     Sec. 113. "Geology", for purposes of IC 14-32-7, has the meaning set forth in IC 14-32-7-2.

[Pre-1995 Recodification Citation: 13-4-3-3(f).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-114Repealed

[Pre-1995 Recodification Citation: 13-8-2-12.5.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.80-2005, SEC.8.

 

IC 14-8-2-115"Ginseng"

     Sec. 115. "Ginseng", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-2.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-116"Ginseng dealer"

     Sec. 116. "Ginseng dealer", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-3.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-116.5"Golf cart"

     Sec. 116.5. "Golf cart", for purposes of IC 14-8-2-185 and IC 14-19-1-0.5, has the meaning set forth in IC 9-13-2-69.7.

As added by P.L.150-2009, SEC.20.

 

IC 14-8-2-117Repealed

[Pre-1995 Recodification Citation: 13-2-23-1(2).]

As added by P.L.1-1995, SEC.1. Amended by P.L.225-2005, SEC.4; P.L.113-2014, SEC.90; P.L.219-2014, SEC.10. Repealed by P.L.189-2018, SEC.133.

 

IC 14-8-2-117.3"Governmental entity"

     Sec. 117.3. "Governmental entity", for the purposes of IC 14-22-10-2, IC 14-22-10-2.5, and IC 14-34-19-15, has the meaning set forth in IC 14-22-10-2(a).

As added by P.L.178-1995, SEC.1. Amended by P.L.75-1998, SEC.1; P.L.71-2004, SEC.1.

 

IC 14-8-2-118"Ground water" or "subterranean water"

     Sec. 118. (a) "Ground water" or "subterranean water", for purposes of IC 14-25 through IC 14-29, except as provided in subsection (b), means all water that fills the natural openings under the earth's surface. The term includes the following:

(1) Underground water courses.

(2) Artesian basins.

(3) Reservoirs.

(4) Lakes.

(5) Other bodies of water below the earth's surface.

     (b) "Ground water", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-3.

[Pre-1995 Recodification Citations: subsection (2) formerly 13-2-1-4(2); 13-2-2-1 part; 13-2-2.5-2(g); subsection (b) formerly 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-118.5"Guide services"

     Sec. 118.5. "Guide services", for purposes of IC 14-22-38-6, has the meaning set forth in IC 14-22-38-6.

As added by P.L.219-2014, SEC.11.

 

IC 14-8-2-119"Gypsum"

     Sec. 119. "Gypsum" means gypsum, gypsum rock, and anhydrite. The term includes other materials that are necessary or incidental to the extraction and removal of gypsum.

[Pre-1995 Recodification Citation: 14-4-1-1.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-120"Hardiness zone"

     Sec. 120. "Hardiness zone", for purposes of IC 14-24-6, has the meaning set forth in IC 14-24-6-2.

[Pre-1995 Recodification Citation: 14-7-12-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-121"Harvest season"

     Sec. 121. "Harvest season", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-121.3"Hazard classification"

     Sec. 121.3. "Hazard classification", for purposes of IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-2.

As added by P.L.148-2002, SEC.1.

 

IC 14-8-2-121.5"Height"

     Sec. 121.5. "Height", for purposes of IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-3.

As added by P.L.148-2002, SEC.2.

 

IC 14-8-2-122"Higher or better uses"

     Sec. 122. "Higher or better uses", for purposes of IC 14-34-10-2, has the meaning set forth in IC 14-34-10-2.

[Pre-1995 Recodification Citation: 13-4.1-1-3(3.5).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-122.5"Highway"

     Sec. 122.5. "Highway", for purposes of IC 14-22-10-11, means a public way for vehicular traffic, including the area within the right-of-way.

As added by P.L.52-2001, SEC.1.

 

IC 14-8-2-123"Highway, street, or right-of-way"

     Sec. 123. "Highway, street, or right-of-way", for purposes of IC 14-16, means the entire width between the boundary lines of a way:

(1) that is publicly maintained; and

(2) when any part of the way is open to the use of the public for purposes of vehicular travel.

[Pre-1995 Recodification Citations: 14-1-3-1(i); 14-1-3.5-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-123.5Repealed

As added by P.L.85-2008, SEC.4. Repealed by P.L.133-2012, SEC.165.

 

IC 14-8-2-124"Historic property"

     Sec. 124. "Historic property", for purposes of IC 14-21-1, means:

(1) a historic site;

(2) a historic structure; or

(3) other personal or real property located on or in a historic site or historic structure.

[Pre-1995 Recodification Citations: 14-3-3.3-1(g); 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.167-2011, SEC.5.

 

IC 14-8-2-125"Historic site"

     Sec. 125. "Historic site" has the following meanings:

(1) For purposes of IC 14-21-1, means a site that is important to the general, archeological, agricultural, economic, social, political, architectural, industrial, or cultural history of Indiana. The term includes adjacent property that is necessary for the preservation or restoration of the site.

(2) For purposes of IC 14-22-6, the meaning set forth in IC 4-37-1-7.

[Pre-1995 Recodification Citations: 14-3-3.3-1(h); 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.167-2011, SEC.6; P.L.111-2016, SEC.5.

 

IC 14-8-2-126"Historic structure"

     Sec. 126. "Historic structure", for purposes of IC 14-21-1, means a structure that is important to the general, archeological, agricultural, economic, social, political, architectural, industrial, or cultural history of Indiana. The term includes adjacent property that is necessary for the preservation or restoration of the structure.

[Pre-1995 Recodification Citations: 14-3-3.3-1(i); 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.167-2011, SEC.7.

 

IC 14-8-2-127"Human remains"

     Sec. 127. "Human remains", for purposes of IC 14-21, has the meaning set forth in IC 14-21-1-7.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.46-2000, SEC.5.

 

IC 14-8-2-128"Hunt"

     Sec. 128. "Hunt", for purposes of IC 14-22, means to take a wild animal except by trapping.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-128.2"Hunter orange"

     Sec. 128.2. "Hunter orange", for purposes of IC 14-22-38-7, has the meaning set forth in IC 14-22-38-7(a).

As added by P.L.104-2001, SEC.1.

 

IC 14-8-2-128.4"Hydraulic fracturing"

     Sec. 128.4. "Hydraulic fracturing" means the process of pumping fluids into a closed wellbore with sufficient downhole pressure to crack or fracture the formation, allowing the injection of a proppant into the fractures, thereby creating a high-permeability plane through which fluids can flow.

As added by P.L.16-2012, SEC.2.

 

IC 14-8-2-129"Idle speed"

     Sec. 129. "Idle speed", for purposes of IC 14-15-3-17, means the slowest possible speed, not exceeding five (5) miles per hour, that maintains steerage so that the wake or wash created by the watercraft is minimal.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.38-2000, SEC.1.

 

IC 14-8-2-130"Imminent danger to the health or safety of the public"

     Sec. 130. "Imminent danger to the health or safety of the public", for purposes of IC 14-34-15-6, has the meaning set forth in IC 14-34-15-6.

[Pre-1995 Recodification Citation: 13-4.1-1-3(4).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-131"Improvement location permit"

     Sec. 131. "Improvement location permit", for purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-2.

[Pre-1995 Recodification Citation: 13-2-22.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-131.5"Includes"

     Sec. 131.5. "Includes" means includes but is not limited to.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-131.7"Inland water"

     Sec. 131.7. "Inland water" for purposes of IC 14-22-13, includes:

(1) the waters of the state; and

(2) the boundary waters of the state, except Lake Michigan and the Ohio River.

As added by P.L.151-2012, SEC.7.

 

IC 14-8-2-132"Inn"

     Sec. 132. "Inn", for purposes of IC 14-18-2-3, has the meaning set forth in IC 14-18-2-3.

[Pre-1995 Recodification Citation: 14-3-8-3 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-133"Instream use"

     Sec. 133. "Instream use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-4.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-134"Interested person"

     Sec. 134. "Interested person" has the following meaning:

(1) For purposes of IC 14-18-6, the meaning set forth in IC 14-18-6-2.

(2) For purposes of IC 14-33, the term includes the following:

(A) A freeholder or corporation owning land within a proposed or an established conservancy district.

(B) A private or corporate person whose property may be condemned or injured by a conservancy district.

(C) An officer of a municipality.

(D) A federal or state agency.

(E) A local plan commission.

(F) A lienholder.

[Pre-1995 Recodification Citations: subdivision (1) formerly 4-20.5-8-2; subdivision (2) formerly 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-135Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.6.

 

IC 14-8-2-135.2"Invitee"

     Sec. 135.2. "Invitee", for purposes of IC 14-21-5, has the meaning set forth in IC 14-21-5-2.

As added by P.L.68-2012, SEC.3.

 

IC 14-8-2-136"Kankakee River basin"

     Sec. 136. "Kankakee River basin", for purposes of IC 14-30-1, has the meaning set forth in IC 14-30-1-3.

[Pre-1995 Recodification Citation: 36-7-6-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-137"Lake"

     Sec. 137. "Lake" has the following meaning:

(1) For purposes of IC 14-9-9 and IC 14-15, a natural or an artificial lake.

(2) For purposes of IC 14-26-2, the meaning set forth in IC 14-26-2-1.5.

(3) For purposes of IC 14-26-3, the meaning set forth in IC 14-26-3-1.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-1-1 part; subdivision (2) formerly 13-2-12-3 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.137-1997, SEC.2; P.L.6-2008, SEC.2.

 

IC 14-8-2-138"Lake Michigan"

     Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the meaning set forth in IC 14-22-14-4.

[Pre-1995 Recodification Citation: 14-2-12-4.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-139"Lake owner"

     Sec. 139. "Lake owner", for purposes of IC 14-25-5, has the meaning set forth in IC 14-25-5-4.

[Pre-1995 Recodification Citation: 13-2-2.6-6.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-140"Land"

     Sec. 140. "Land", for purposes of IC 14-36-2, has the meaning set forth in IC 14-36-2-2.

[Pre-1995 Recodification Citation: 14-4-2.1-1(b).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-141"Land conservation"

     Sec. 141. "Land conservation", for purposes of IC 14-32-7, has the meaning set forth in IC 14-32-7-3.

[Pre-1995 Recodification Citation: 13-4-3-3(c).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-142"Landfill"

     Sec. 142. "Landfill", for purposes of IC 14-32-5-4, has the meaning set forth in IC 14-32-5-4.

[Pre-1995 Recodification Citation: 13-3-1-15(a)(2).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-143"Land occupier" or "occupier of land"

     Sec. 143. "Land occupier" or "occupier of land", for purposes of IC 14-32, means a firm, an individual of voting age, a limited liability company, or a corporation that:

(1) owns:

(A) a life estate; or

(B) an interest greater than a life estate;

in; or

(2) is in legal possession, under an express or implied rental lease, of;

a tract of land that is located within a district (as defined in IC 14-8-2-72(2)) or proposed for inclusion within a district under IC 14-32-6.5.

[Pre-1995 Recodification Citation: 13-3-1-3(11).]

As added by P.L.1-1995, SEC.1. Amended by P.L.136-1997, SEC.3.

 

IC 14-8-2-144Repealed

[Pre-1995 Recodification Citation: 13-3-1-3(10).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.136-1997, SEC.43.

 

IC 14-8-2-144.5"Lands eligible for remining"

     Sec. 144.5. "Lands eligible for remining", for purposes of IC 14-34, means those lands that are eligible for funding under:

(1) IC 14-34-19; or

(2) Section 402(g)(4) of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(4)).

As added by P.L.179-1995, SEC.1.

 

IC 14-8-2-145"Landscape"

     Sec. 145. "Landscape", for purposes of IC 14-32-7, has the meaning set forth in IC 14-32-7-4.

[Pre-1995 Recodification Citation: 13-4-3-3(h).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-146"Landscape survey"

     Sec. 146. "Landscape survey", for purposes of IC 14-32-7-8, has the meaning set forth in IC 14-32-7-8.

[Pre-1995 Recodification Citation: 13-4-3-3(i).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-147"Land use easement"

     Sec. 147. "Land use easement", for purposes of IC 14-29-6-13, has the meaning set forth in IC 14-29-6-13.

[Pre-1995 Recodification Citation: 13-2-26-3(k).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-148"Law enforcement officer"

     Sec. 148. "Law enforcement officer", for purposes of IC 14-22-40, has the meaning set forth in IC 14-22-40-5.

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.133-1996, SEC.5; P.L.40-2012, SEC.9.

 

IC 14-8-2-149Repealed

[Pre-1995 Recodification Citation: 13-3-7-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.133-2012, SEC.166.

 

IC 14-8-2-150"Levee"

     Sec. 150. "Levee", for purposes of IC 14-27-6, has the meaning set forth in IC 14-27-6-4.

[Pre-1995 Recodification Citation: 13-2-31-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-151"Liabilities"

     Sec. 151. "Liabilities", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-1.

[Pre-1995 Recodification Citation: 13-4.1-6.3-5.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-152"License"

     Sec. 152. "License" has the following meaning:

(1) For purposes of IC 14-11-3-1, the meaning set forth in IC 14-11-3-1.

(2) For purposes of IC 14-11-4, the meaning set forth in IC 14-11-4-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-3-24(a); subdivision (2) formerly 14-3-18-6.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-153"Litter"

     Sec. 153. "Litter", for purposes of IC 14-15-2-8, has the meaning set forth in IC 14-15-2-8.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-154"Little Calumet River basin"

     Sec. 154. "Little Calumet River basin", for purposes of IC 14-13-2-29, has the meaning set forth in IC 14-13-2-29.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-154.5"Local unit of government"

     Sec. 154.5. "Local unit of government", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-1.

As added by P.L.134-1996, SEC.1.

 

IC 14-8-2-155Repealed

[Pre-1995 Recodification Citation: 13-2-23-1(1).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.111-2016, SEC.6.

 

IC 14-8-2-156"Log"

     Sec. 156. "Log" means a systematic, written record that describes the strata and formations progressively encountered while drilling a well for oil and gas purposes or a test hole, including water, oil, and gas formations and other underground resources. The term includes data usually recorded during drilling.

[Pre-1995 Recodification Citations: 13-4-5-2(4); 13-8-2-14.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-157Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-11.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-158"Management"

     Sec. 158. "Management", for purposes of IC 14-22-34, has the meaning set forth in IC 14-22-34-3.

[Pre-1995 Recodification Citation: 14-2-8.5-1(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-159"Maumee River basin"

     Sec. 159. "Maumee River basin", for purposes of IC 14-30-2, has the meaning set forth in IC 14-30-2-3.

[Pre-1995 Recodification Citation: 36-7-6.1-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-160"Member"

     Sec. 160. "Member" has the following meaning:

(1) For purposes of IC 14-12-2-15, the meaning set forth in IC 14-12-2-15.

(2) For purposes of IC 14-12-2-20, the meaning set forth in IC 14-12-2-20.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-20-21; subdivision (2) formerly 14-3-20-22.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-161"Merchantable timber"

     Sec. 161. "Merchantable timber", for purposes of IC 14-23-4, has the meaning set forth in IC 14-23-4-2.

[Pre-1995 Recodification Citation: 14-5-4-2(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-162"Migratory birds"

     Sec. 162. "Migratory birds", for purposes of IC 14-22, refers to the following birds:

(1) Migratory game birds, including the following:

(A) Anatidae, or waterfowl, including brant, wild ducks, wild geese, and swans.

(B) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.

(C) Rallidae, or rails, including coot, gallinules, sora, and other rails.

(D) Limicolae, or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, tilts, surf birds, turnstones, willet, woodcock, tattlers, and yellow legs.

(E) Columbidae, or pigeons, including doves and wild pigeons.

(2) Migratory insectivorous birds, including the following:

(A) Cuckoos.

(B) Flickers and other woodpeckers.

(C) Nighthawks or bull-bats, and whippoorwills.

(D) Swifts.

(E) Hummingbirds and flycatchers.

(F) Bobolinks, meadowlarks, and orioles.

(G) Grosbeaks.

(H) Tanagers.

(I) Martins and other swallows.

(J) Waxwings.

(K) Shrikes and vireos.

(L) Warblers.

(M) Pipits.

(N) Catbirds and brown thrashers.

(O) Wrens.

(P) Brown creepers.

(Q) Nuthatches.

(R) Chickadees and titmice.

(S) Kinglets and gnat catchers.

(T) Robins and other thrushes.

(U) All other perching birds that feed entirely or chiefly on insects.

(3) Other migratory nongame birds, including the following:

(A) Auks.

(B) Auklets.

(C) Bitterns.

(D) Fulmars.

(E) Gannets.

(F) Grebes.

(G) Guillemots.

(H) Gulls.

(I) Herons.

(J) Jaegers.

(K) Loons.

(L) Murres.

(M) Petrels.

(N) Puffins.

(O) Shearwaters.

(P) Terns.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-163"Migratory water fowl"

     Sec. 163. "Migratory water fowl", for purposes of IC 14-22-7, has the meaning set forth in IC 14-22-7-1.

[Pre-1995 Recodification Citation: 14-2-4.5-1(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-164"Mineral"

     Sec. 164. "Mineral", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-6.

[Pre-1995 Recodification Citation: 13-4-6-2(g).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-165"Mining"

     Sec. 165. (a) "Mining", for purposes of IC 14-34-8-4, has the meaning set forth in IC 14-34-8-4.

     (b) "Mining", for purposes of IC 14-36-2, has the meaning set forth in IC 14-36-2-3.

[Pre-1995 Recodification Citations: subsection (a) formerly 13-4.1-6.5-4(g)(2); subsection (b) formerly 14-4-2.1-1(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-166"Mining refuse"

     Sec. 166. "Mining refuse", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-7.

[Pre-1995 Recodification Citation: 13-4-6-2(p).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-167"Minnow"

     Sec. 167. "Minnow", for purposes of IC 14-22, includes the species of fish that the department determines by rule.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.289-2013, SEC.1.

 

IC 14-8-2-168"Mollusk"

     Sec. 168. "Mollusk", for purposes of IC 14-22, means one (1) of the phylum mollusca.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-169"Motorboat"

     Sec. 169. (a) "Motorboat", for purposes of IC 14-15, except as provided in subsection (c), means a watercraft propelled by:

(1) an internal combustion, steam, or electrical inboard or outboard motor or engine; or

(2) any mechanical means.

     (b) The term includes sailboats that are equipped with a motor or an engine described in subsection (a) when the motor or engine is in operation, whether or not the sails are hoisted.

     (c) "Motorboat", for purposes of IC 14-15-11, has the meaning set forth in IC 14-15-11-6.

     (d) The term includes a personal watercraft (as defined in section 202.5 of this chapter).

     (e) "Motorboat", for purposes of IC 14-22-9-11, has the meaning set forth in IC 14-22-9-11.

[Pre-1995 Recodification Citations: 14-1-1-1 part; 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.57-1995, SEC.6; P.L.165-2011, SEC.2.

 

IC 14-8-2-169.5"Motorized cart"

     Sec. 169.5. "Motorized cart", for purposes of IC 14-19-1-1, has the meaning set forth in IC 14-19-1-0.5.

As added by P.L.225-2005, SEC.5.

 

IC 14-8-2-170"Municipal corporation"

     Sec. 170. "Municipal corporation", for purposes of IC 14-12-3, has the meaning set forth in IC 14-12-3-3.

[Pre-1995 Recodification Citation: 14-6-35-5.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-171"Mussel"

     Sec. 171. "Mussel", for purposes of IC 14-22, means a mollusk possessing a hard, pearly, hinged shell that:

(1) is capable of closing and opening; and

(2) completely encases and protects the living organism.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-172"Natural gas"

     Sec. 172. "Natural gas", for purposes of IC 14-37, means hydrocarbons that when produced in a natural state from an underground reservoir maintain a gaseous state at atmospheric conditions.

[Pre-1995 Recodification Citation: 13-8-2-15.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-173"Nature preserve"

     Sec. 173. "Nature preserve", for purposes of IC 14-31-1, has the meaning set forth in IC 14-31-1-5.

[Pre-1995 Recodification Citation: 14-4-5-2(b).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-174"Natural resources"

     Sec. 174. "Natural resources", for purposes of IC 14-26-2, has the meaning set forth in IC 14-26-2-2.

[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-175"Natural river"

     Sec. 175. "Natural river", for purposes of IC 14-29-6-8, has the meaning set forth in IC 14-29-6-8.

[Pre-1995 Recodification Citation: 13-2-26-3(c).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-176"Natural scenic beauty"

     Sec. 176. "Natural scenic beauty", for purposes of IC 14-26-2-5, has the meaning set forth in IC 14-26-2-5.

[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-177"Net revenues"

     Sec. 177. "Net revenues", for purposes of IC 14-33-20-15, has the meaning set forth in IC 14-33-20-15.

[Pre-1995 Recodification Citation: 13-3-4-7.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-178"Net worth"

     Sec. 178. "Net worth", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-2.

[Pre-1995 Recodification Citation: 13-4.1-6.3-6.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-179"Nongame species"

     Sec. 179. "Nongame species", for purposes of IC 14-22-34, has the meaning set forth in IC 14-22-34-4.

[Pre-1995 Recodification Citation: 14-2-8.5-1(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-179.5"Nonresident"

     Sec. 179.5. "Nonresident", for the purposes of IC 14-19-3-5, has the meaning set forth in IC 14-19-3-5(b).

As added by P.L.134-1997, SEC.2.

 

IC 14-8-2-180"Nonsignificant ground water withdrawal facility"

     Sec. 180. "Nonsignificant ground water withdrawal facility", for purposes of IC 14-25-4, has the meaning set forth in IC 14-25-4-3.

[Pre-1995 Recodification Citation: 13-2-2.5-2(h).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-181"Normal water level of a lake"

     Sec. 181. "Normal water level of a lake", for purposes of IC 14-26-5, has the meaning set forth in IC 14-26-5-2.

[Pre-1995 Recodification Citation: 13-2-15-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-182"Nursery"

     Sec. 182. "Nursery", for purposes of IC 14-24, means the premises where nursery stock is propagated, grown, or cultivated for distribution or sale as a business.

[Pre-1995 Recodification Citation: 14-7-1-12.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-183"Nurseryman"

     Sec. 183. "Nurseryman", for purposes of IC 14-24, means a person who owns, leases, manages, or controls a nursery.

[Pre-1995 Recodification Citation: 14-7-1-13.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-184"Nursery stock"

     Sec. 184. "Nursery stock" has the following meaning:

(1) For purposes of IC 14-23-1 and IC 14-24, except as provided in subdivision (2), botanically classified hardy perennial or biennial trees, shrubs, vines, fruit pits, and other plants or plant parts capable of propagation. The term does not include corms, tubers, field vegetables, or flower seeds.

(2) For purposes of IC 14-24-6, the meaning set forth in IC 14-24-6-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-7-1-14; subdivision (2) formerly 14-7-12-3.]

As added by P.L.1-1995, SEC.1. Amended by P.L.82-2007, SEC.2.

 

IC 14-8-2-185"Off-road vehicle"

     Sec. 185. (a) "Off-road vehicle", for purposes of IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable of cross-country travel:

(1) without benefit of a road; and

(2) on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain.

     (b) The term includes the following:

(1) A multiwheel drive or low pressure tire vehicle.

(2) An amphibious machine.

(3) A ground effect air cushion vehicle.

(4) An all-terrain vehicle (as defined in section 5.7 of this chapter).

(5) A recreational off-highway vehicle (as defined in section 233.5 of this chapter).

(6) Other means of transportation deriving motive power from a source other than muscle or wind.

     (c) The term does not include the following:

(1) A farm vehicle being used for farming, including, but not limited to, a farm wagon (as defined in IC 9-13-2-60(2)).

(2) A vehicle used for military or law enforcement purposes.

(3) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function, including, but not limited to, a farm wagon (as defined in IC 9-13-2-60(2)).

(4) A snowmobile (as defined by section 261 of this chapter).

(5) A registered aircraft.

(6) Any other vehicle properly registered by the bureau of motor vehicles.

(7) Any watercraft that is registered under Indiana statutes.

(8) A golf cart vehicle.

[Pre-1995 Recodification Citation: 14-1-3-1(f).]

As added by P.L.1-1995, SEC.1. Amended by P.L.225-2005, SEC.6; P.L.150-2009, SEC.21; P.L.86-2010, SEC.3; P.L.256-2017, SEC.183.

 

IC 14-8-2-186"Oil"

     Sec. 186. "Oil", for purposes of IC 14-37, means all liquid petroleum produced at a well.

[Pre-1995 Recodification Citation: 13-8-2-16.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-187"Open burning"

     Sec. 187. "Open burning", for purposes of IC 14-23-7-5, has the meaning set forth in IC 14-23-7-5.

[Pre-1995 Recodification Citation: 14-5-7-5(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-188"Operate"

     Sec. 188. "Operate" has the following meaning:

(1) For purposes of IC 14-15, the act of navigating, driving, steering, sailing, rowing, paddling, or otherwise moving or exercising physical control over the movement of a watercraft. However, the term does not include a watercraft that is anchored or moored.

(2) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-4.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-1-1 part; subdivision (2) formerly 14-1-3-1(c); subdivision (3) formerly 14-1-3.5-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.186-2003, SEC.31; P.L.195-2017, SEC.2.

 

IC 14-8-2-189"Operation"

     Sec. 189. "Operation", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-8.

[Pre-1995 Recodification Citation: 13-4-6-2(i).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-190"Operator"

     Sec. 190. "Operator" has the following meaning:

(1) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-5.

(2) For purposes of IC 14-34, except IC 14-34-4-8 and IC 14-34-8-4, a person, partnership, limited liability company, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive months in one (1) location.

(3) For purposes of IC 14-34-4-8, the meaning set forth in IC 14-34-4-8.

(4) For purposes of IC 14-34-8-4, the meaning set forth in IC 14-34-8-4.

(5) For purposes of IC 14-36-1, the meaning set forth in IC 14-36-1-9.

(6) For purposes of IC 14-37, a person who:

(A) is issued a permit under IC 14-37; or

(B) is engaging in an activity for which a permit is required under IC 14-37.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-3-1(a); subdivision (2) formerly 14-1-3.5-1 part; subdivision (3) formerly 13-4.1-1-3(5); subdivision (4) formerly 13-4.1-4-3(c) part; subdivision (5) formerly 13-4.1-6.5-4(g)(1); subdivision (6) formerly 13-4-6-2(j); subdivision (7) formerly 13-8-2-17.]

As added by P.L.1-1995, SEC.1. Amended by P.L.186-2003, SEC.32.

 

IC 14-8-2-191Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-12.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-192"Other state"

     Sec. 192. "Other state", for purposes of IC 14-28-1 and IC 14-28-3, means the following:

(1) Any state other than Indiana.

(2) The government of another state.

(3) An agency, an officer, a board, a bureau, a commission, a department, a division, or an instrumentality of another state.

[Pre-1995 Recodification Citation: 13-2-22-3(23).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-193Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-13.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-194"Overburden"

     Sec. 194. "Overburden", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-10.

[Pre-1995 Recodification Citation: 13-4-6-2(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-195"Owner"

     Sec. 195. "Owner" has the following meaning:

(1) For purposes of IC 14-11-4, the meaning set forth in IC 14-11-4-2.

(2) For purposes of IC 14-15, a person who has the legal title to a watercraft.

(3) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-6.

(4) For purposes of IC 14-25-4, the meaning set forth in IC 14-25-4-4.

(5) For purposes of IC 14-27-7, the meaning set forth in IC 14-27-7-1.

(6) For purposes of IC 14-27-7.5, the meaning set forth in IC 14-27-7.5-4.

(7) For purposes of IC 14-36, the term includes the following:

(A) Owners in fee.

(B) Life tenants.

(C) Tenants for years.

(D) Holders of remainder of reversionary interests.

(E) Holders of leaseholds or easements.

(F) Holders of mineral rights.

(8) For purposes of IC 14-37, a person who has the right to drill into and produce from a pool and to appropriate the oil and gas produced from the pool for:

(A) the person or others; or

(B) the person and others.

(9) For the purposes of IC 14-22-10-2, the meaning set forth in IC 14-22-10-2(c).

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-18-5; subdivision (2) formerly 14-1-1-1 part; subdivision (3) formerly 14-1-3-1(b); subdivision (4) formerly 14-1-3.5-1 part; subdivision (5) formerly 13-2-2.5-2(i); subdivision (6) formerly 13-2-20-1(2); subdivision (7) formerly 13-4-6-2(o); 14-4-2.1-1(d); subdivision (8) formerly 13-8-2-17.5.]

As added by P.L.1-1995, SEC.1. Amended by P.L.178-1995, SEC.2; P.L.138-1997, SEC.1; P.L.148-2002, SEC.3; P.L.186-2003, SEC.33.

 

IC 14-8-2-196Repealed

[Pre-1995 Recodification Citation: 14-3-12-3(b).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.189-2018, SEC.134.

 

IC 14-8-2-197Repealed

[Pre-1995 Recodification Citation: 14-3-12-3(c).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.189-2018, SEC.135.

 

IC 14-8-2-198"Participating county"

     Sec. 198. "Participating county" has the following meaning:

(1) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-4.

(2) For purposes of IC 14-30-3, the meaning set forth in IC 14-30-3-3.

(3) For purposes of IC 14-30-4, the meaning set forth in IC 14-30-4-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 36-7-6.1-3; subdivision (2) formerly 36-7-6.2-1(f).]

As added by P.L.1-1995, SEC.1. Amended by P.L.35-2001, SEC.3.

 

IC 14-8-2-199"Permit"

     Sec. 199. (a) "Permit", for purposes of IC 14-28-1-38, has the meaning set forth in IC 14-28-1-38(a).

     (b) "Permit", for purposes of IC 14-34, means a permit issued under IC 14-34 to conduct a surface coal mining and reclamation operation.

[Pre-1995 Recodification Citation: 13-4.1-1-3(6).]

As added by P.L.1-1995, SEC.1. Amended by P.L.214-2014, SEC.1.

 

IC 14-8-2-200"Permit area"

     Sec. 200. "Permit area", for purposes of IC 14-34, means the area of land that is indicated on the approved map submitted by the operator with the operator's application.

[Pre-1995 Recodification Citation: 13-4.1-1-3(7) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-201"Permittee"

     Sec. 201. "Permittee", for purposes of IC 14-34, means a person or the person's agent holding a permit issued under IC 14-34 to conduct a surface coal mining operation. The term includes a person who engages in surface coal mining operations without a permit.

[Pre-1995 Recodification Citation: 13-4.1-1-3(8).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-202"Person"

     Sec. 202. (a) "Person" means, except as provided in subsections (b) through (i), an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, or a corporation.

     (b) "Person", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-3.

     (c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24, IC 14-26-2, IC 14-28-1, and IC 14-38-2, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, other legal entity, the state, or an agency, a political subdivision, or another instrumentality of the state.

     (d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, or a governmental entity.

     (e) "Person", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-2.

     (f) "Person", for purposes of IC 14-25-3, has the meaning set forth in IC 14-25-3-1.

     (g) "Person", for the purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-5.

     (h) "Person", for purposes of IC 14-34, means an individual, a partnership, a limited liability company, an association, a society, a joint stock company, a firm, a company, a corporation, or other business organization.

     (i) "Person", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-2.

[Pre-1995 Recodification Citations: subsection (a) formerly 13-2-31-1 part; 13-4-6-2(n); 14-1-1-1 part; 14-2-2-1 part; 14-2-8.5-1(f); 14-2-12-5; 14-4-8-1 part,14-5-4-2(a); subsection (b) formerly 14-3-20-7; subsection (c) formerly 13-2-11.1-1 part; 13-2-22-3(24); 13-2-24-1 part; 13-4-5-2(3); 14-1-3-1(d); 14-1-3.5-1 part; 14-7-1-15; subsection (d) formerly 13-2-1-4(5); 13-2-2.5-2(j); 13-2-2.6-7; 13-2-6.1-1 part; 13-2-18.5-1(2); 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part; 13-8-2-18; 14-3-3.3-1(j); 14-3-3.4-1 part; 14-3-17-5; subsection (e) formerly 13-2-2-5(a) part; subsection (f) formerly 13-4.1-1-3(9); subsection (g) formerly 14-4-3-1(6).]

As added by P.L.1-1995, SEC.1. Amended by P.L.132-1996, SEC.4; P.L.134-1996, SEC.2; P.L.155-2002, SEC.3 and P.L.158-2002, SEC.2; P.L.167-2011, SEC.8; P.L.39-2018, SEC.4.

 

IC 14-8-2-202.5"Personal watercraft"

     Sec. 202.5. "Personal watercraft", for purposes of IC 14-15, means a watercraft:

(1) whose primary source of motive power is an inboard motor powering a water jet pump; and

(2) that is designed to be operated by a person who sits, stands, or kneels on the surface of the watercraft rather than sitting or standing inside the watercraft.

As added by P.L.57-1995, SEC.7.

 

IC 14-8-2-203"Pest or pathogen"

     Sec. 203. "Pest or pathogen", for purposes of IC 14-24, means:

(1) an arthropod;

(2) a nematode;

(3) a microorganism;

(4) a fungus;

(5) a parasitic plant;

(6) a mollusk;

(7) a plant disease; or

(8) an exotic weed;

that may be injurious to nursery stock, agricultural crops, other vegetation, natural resources, or bees.

[Pre-1995 Recodification Citation: 14-7-1-16.]

As added by P.L.1-1995, SEC.1. Amended by P.L.177-1995, SEC.2; P.L.225-2005, SEC.7; P.L.17-2009, SEC.1; P.L.113-2014, SEC.91; P.L.219-2014, SEC.12.

 

IC 14-8-2-204"Petroleum"

     Sec. 204. "Petroleum", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-3.

[Pre-1995 Recodification Citation: 14-4-3-1(2).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-205"Pit"

     Sec. 205. "Pit", for purposes of IC 14-36-1-15, has the meaning set forth in IC 14-36-1-15.

[Pre-1995 Recodification Citation: 13-4-6-2(f).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-206"Plan"

     Sec. 206. "Plan" has the following meaning:

(1) For purposes of IC 14-21-1, the meaning set forth in IC 14-21-1-8.

(2) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-5.

(3) For purposes of IC 14-30-4, the meaning set forth in IC 14-30-4-4.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-3.4-1 part; subdivision (2) formerly 36-7-6.1-4.]

As added by P.L.1-1995, SEC.1. Amended by P.L.35-2001, SEC.4.

 

IC 14-8-2-207"Plug" or "plugging"

     Sec. 207. "Plug" or "plugging", for purposes of IC 14-38-2, has the meaning set forth in IC 14-38-2-3.

[Pre-1995 Recodification Citation: 13-4-5-2(5).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-208"Political subdivision"

     Sec. 208. "Political subdivision" has the following meaning:

(1) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-2.

(2) For purposes of IC 14-13-2 and IC 14-30-3, the meaning set forth in IC 36-1-2-13.

(3) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-2.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-17-6; subdivision (2) formerly 14-3-3.3-1(k).]

As added by P.L.1-1995, SEC.1. Amended by P.L.160-1999, SEC.2; P.L.167-2011, SEC.9; P.L.106-2012, SEC.2; P.L.138-2018, SEC.1.

 

IC 14-8-2-209"Pool"

     Sec. 209. "Pool", for purposes of IC 14-37, means an accumulation of oil or natural gas that occurs in a separate underground reservoir under a single pressure system.

[Pre-1995 Recodification Citation: 13-8-2-19.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-210"Potable water"

     Sec. 210. "Potable water", for purposes of IC 14-25-4, has the meaning set forth in IC 14-25-4-5.

[Pre-1995 Recodification Citation: 13-2-2.5-2(k).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-211"Premises"

     Sec. 211. "Premises", for purposes of IC 14-22, includes land, water, and private ways.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-212Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.12.

 

IC 14-8-2-213"Prime farmland"

     Sec. 213. "Prime farmland", for purposes of IC 14-34, has the meaning that is:

(1) prescribed by the United States Secretary of Agriculture:

(A) on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics; and

(B) for land that historically has been used for intensive agricultural purposes; and

(2) published in the Federal Register.

[Pre-1995 Recodification Citation: 13-4.1-1-3(10).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-214"Prior natural resources law"

     Sec. 214. "Prior natural resources law", for purposes of IC 14-8-3, has the meaning set forth in IC 14-8-3-1.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-215"Private waters"

     Sec. 215. "Private waters", for purposes of IC 14-22-9-5, has the meaning set forth in IC 14-22-9-5.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-216"Program"

     Sec. 216. (a) "Program", for purposes of IC 14-12-3, has the meaning set forth in IC 14-12-3-4.

     (b) "Program", for purposes of IC 14-23-6.5, has the meaning set forth in IC 14-23-6.5-1.

     (c) "Program", for purposes of IC 14-32-8, has the meaning set forth in IC 14-32-8-3.

[Pre-1995 Recodification Citation: 14-6-35-6.]

As added by P.L.1-1995, SEC.1. Amended by P.L.55-1999, SEC.1; P.L.160-1999, SEC.3.

 

IC 14-8-2-217"Project"

     Sec. 217. "Project", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-4.

[Pre-1995 Recodification Citation: 14-3-20-8.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-218"Project committee"

     Sec. 218. "Project committee", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-5.

[Pre-1995 Recodification Citation: 14-3-20-9.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-219"Property"

     Sec. 219. "Property" has the following meaning:

(1) For purposes of IC 14-12-2 and IC 14-21-3, the meaning set forth in IC 14-12-2-6.

(2) For purposes of IC 14-18-8, the meaning set forth in IC 14-18-8-1.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-3-20-10; subdivision (2) formerly 14-6-2.5-2.]

As added by P.L.1-1995, SEC.1. Amended by P.L.46-2000, SEC.6.

 

IC 14-8-2-220"Proposed district"

     Sec. 220. "Proposed district", for purposes of IC 14-33-4, has the meaning set forth in IC 14-33-4-1.

[Pre-1995 Recodification Citation: 13-3-3-6.5(b).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-221"Proven territory"

     Sec. 221. "Proven territory", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-4.

[Pre-1995 Recodification Citation: 14-4-3-1(3).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-222"Public freshwater lake"

     Sec. 222. "Public freshwater lake", for purposes of IC 14-26-2, has the meaning set forth in IC 14-26-2-3.

[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-222.5"Public highway"

     Sec. 222.5. "Public highway", for purposes of IC 14-22-10-11, has the meaning set forth in IC 8-2.1-17-14.

As added by P.L.52-2001, SEC.2.

 

IC 14-8-2-223"Public land"

     Sec. 223. "Public land", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-5.

[Pre-1995 Recodification Citation: 14-4-3-1(4).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-224"Public or private property"

     Sec. 224. "Public or private property" has the following meaning:

(1) For purposes of IC 14-22-2, the meaning set forth in IC 14-22-2-1.

(2) For purposes of IC 14-22-39-3, the meaning set forth in IC 14-22-39-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-3-2(3) part; subdivision (2) formerly 14-2-9-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-225"Public property"

     Sec. 225. "Public property", for purposes of IC 14-16, means land and water that are:

(1) owned or leased by; and

(2) subject to the control of;

the state or any of the state's subdivisions.

[Pre-1995 Recodification Citations: 14-1-3-1(l); 14-1-3.5-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-226"Public waters"

     Sec. 226. "Public waters", for purposes of IC 14-15, means every lake, river, stream, canal, ditch, and body of water that is:

(1) subject to the jurisdiction of the state; or

(2) owned or controlled by a public utility.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-227"Pumping station"

     Sec. 227. "Pumping station", for purposes of IC 14-27-6, has the meaning set forth in IC 14-27-6-5.

[Pre-1995 Recodification Citation: 13-2-31-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-228"Pursue"

     Sec. 228. "Pursue", for purposes of IC 14-22, means following wild animals with the intent to take.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-228.3"Qualified individual"

     Sec. 228.3. "Qualified individual", for purposes of IC 14-22-12-1.5, has the meaning set forth in IC 14-22-12-1.5(a).

As added by P.L.188-2001, SEC.1.

 

IC 14-8-2-228.5"Raptor"

     Sec. 228.5. "Raptor", for purposes of IC 14-22-10-11, has the meaning set forth in IC 14-22-10-11(a).

As added by P.L.52-2001, SEC.3.

 

IC 14-8-2-229"Rated capacity of a pump"

     Sec. 229. "Rated capacity of a pump", for purposes of IC 14-25-3-16, has the meaning set forth in IC 14-25-3-16.

[Pre-1995 Recodification Citation: 13-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-230"Real property"

     Sec. 230. "Real property" has the following meaning:

(1) For purposes of IC 14-17, IC 14-17-2, and IC 14-18-6, includes an interest in real property, such as the following:

(A) Any ownership interest in real property.

(B) A leasehold.

(C) A right-of-way.

(D) An easement, including a utility easement.

The term does not include personal property or an interest in personal property.

(2) For purposes of IC 14-20-3, the meaning set forth in IC 14-20-3-1.

(3) For purposes of IC 14-20-6, the meaning set forth in IC 14-20-6-1.

(4) For purposes of IC 14-20-8, the meaning set forth in IC 14-20-8-1.

(5) For purposes of IC 14-20-9, the meaning set forth in IC 14-20-9-2.

(6) For purposes of IC 14-20-10, the meaning set forth in IC 14-20-10-1.

(7) For purposes of IC 14-33:

(A) land;

(B) all buildings and fixtures on and appurtenant to land; and

(C) an estate created in:

(i) land; or

(ii) mines or minerals distinct from the surface of land;

by deed, contract reservation in a conveyance, or otherwise.

[1995 Recodification Citation: subdivision (1) New; Pre-1995 Recodification Citations: subdivision (2) formerly 14-6-20-1; subdivision (3) formerly 14-6-15-1; subdivision (4) formerly 14-6-28-1; subdivision (5) New; subdivision (6) formerly 14-6-25.1-1; subdivision (7) formerly 13-3-3-1 part; 13-3-4-1(a) part; 13-3-5-1(a) part; 13-3-6-2(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-231"Reasonable beneficial use"

     Sec. 231. "Reasonable beneficial use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-6.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-232"Reclamation"

     Sec. 232. "Reclamation" has the following meaning:

(1) For purposes of IC 14-36-1, the meaning set forth in IC 14-36-1-11.

(2) For purposes of IC 14-36-2, the meaning set forth in IC 14-36-2-4.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-4-6-2(b); subdivision (2) formerly 14-4-2.1-1(c) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-233"Reclamation plan"

     Sec. 233. "Reclamation plan", for purposes of IC 14-36-1, has the meaning set forth in IC 14-36-1-12.

[Pre-1995 Recodification Citation: 13-4-6-2(c).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-233.5"Recreational off-road vehicle"

     Sec. 233.5. "Recreational off-road vehicle", for purposes of IC 14-8-2-185, means a motorized, off-highway vehicle that:

(1) is sixty-five (65) inches or less in width;

(2) has a dry weight of two thousand (2,000) pounds or less;

(3) is designed for travel on at least four (4) nonhighway or off-highway tires; and

(4) is designed for recreational use by one (1) or more individuals.

As added by P.L.86-2010, SEC.4. Amended by P.L.219-2014, SEC.13.

 

IC 14-8-2-234"Recreational purpose"

     Sec. 234. "Recreational purpose", for purposes of IC 14-26-2-5, has the meaning set forth in IC 14-26-2-5.

[Pre-1995 Recodification Citation: 13-2-11.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-235"Recreational river"

     Sec. 235. "Recreational river", for purposes of IC 14-29-6, has the meaning set forth in IC 14-29-6-2.

[Pre-1995 Recodification Citation: 13-2-26-3(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-236"Register"

     Sec. 236. "Register", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-9.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-237"Registry"

     Sec. 237. "Registry", for purposes of IC 14-31-2, has the meaning set forth in IC 14-31-2-6.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-238Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.10.

 

IC 14-8-2-239"Repair"

     Sec. 239. "Repair", for purposes of IC 14-34-11-3, has the meaning set forth in IC 14-34-11-3.

[Pre-1995 Recodification Citation: 13-4.1-9-2.5(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-239.5Repealed

As added by P.L.225-2005, SEC.8. Repealed by P.L.113-2014, SEC.92; P.L.219-2014, SEC.14.

 

IC 14-8-2-240"Reservoir"

     Sec. 240. "Reservoir", for purposes of IC 14-37, means an underground geological formation that contains oil or natural gas.

[Pre-1995 Recodification Citation: 13-8-2-20.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-241"Reservoir impoundment"

     Sec. 241. "Reservoir impoundment", for purposes of IC 14-25 through IC 14-29, means the water stored in a reservoir created by the construction of a dam, an embankment, or other structure.

[Pre-1995 Recodification Citation: 13-2-1-4(8).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-242"Resident"

     Sec. 242. (a) "Resident", for purposes of IC 14-22, except as provided in subsection (b), means a person who:

(1) is domiciled in Indiana for sixty (60) consecutive days immediately preceding the date of the purchase of a license or permit; and

(2) does not claim residency for hunting, fishing, or trapping in any state other than Indiana or any country other than the United States.

     (b) "Resident", for purposes of IC 14-22-17, has the meaning set forth in IC 14-22-17-1.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.155-2002, SEC.4 and P.L.158-2002, SEC.3.

 

IC 14-8-2-242.5Repealed

As added by P.L.225-2005, SEC.9. Repealed by P.L.113-2014, SEC.93; P.L.219-2014, SEC.15.

 

IC 14-8-2-243"Restore" or "restoration"

     Sec. 243. "Restore" or "restoration", for purposes of IC 14-36-2, has the meaning set forth in IC 14-36-2-5.

[Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-244"Review board"

     Sec. 244. "Review board", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-10.

[Pre-1995 Recodification Citation: 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-245"River"

     Sec. 245. "River" has the following meaning:

(1) For purposes of IC 14-26-3, the meaning set forth in IC 14-26-3-2.

(2) For purposes of IC 14-29-6, the meaning set forth in IC 14-29-6-3.

(3) For purposes of IC 14-29-7, the meaning set forth in IC 14-29-7-2.

(4) For purposes of IC 14-32-7-12, the meaning set forth in IC 14-32-7-12.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-12-3 part; subdivision (2) formerly 13-2-26-3(h); subdivision (3) formerly 13-2-27-1; subdivision (4) formerly 13-3-1-14 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-245.2"Roe"

     Sec. 245.2. "Roe" for purposes of IC 14-22-13-2.5, has the meaning set forth in IC 14-22-13-2.5(b).

As added by P.L.165-2011, SEC.3.

 

IC 14-8-2-245.3"Rural community"

     Sec. 245.3. "Rural community", for purposes of IC 14-23-6.5, has the meaning set forth in IC 14-23-6.5-2.

As added by P.L.55-1999, SEC.2.

 

IC 14-8-2-245.5"Rural fire department"

     Sec. 245.5. "Rural fire department", for purposes of IC 14-23-6.5, has the meaning set forth in IC 14-23-6.5-3.

As added by P.L.55-1999, SEC.3.

 

IC 14-8-2-246"Scenic easement"

     Sec. 246. "Scenic easement", for purposes of IC 14-29-6-13, has the meaning set forth in IC 14-29-6-13.

[Pre-1995 Recodification Citation: 13-2-26-3(j).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-247"Scenic river"

     Sec. 247. "Scenic river", for purposes of IC 14-29-6, has the meaning set forth in IC 14-29-6-4.

[Pre-1995 Recodification Citation: 13-2-26-3(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-248"Season"

     Sec. 248. "Season", for purposes of IC 14-22, means the period during which it is legal to fish, hunt, trap, or chase wild animals.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-249"Sell"

     Sec. 249. "Sell" has the following meaning:

(1) For purposes of IC 14-22-6-8, the meaning set forth in IC 14-22-6-8.

(2) For purposes of IC 14-22-38-6, the meaning set forth in IC 14-22-38-6.

(3) For purposes of IC 14-31-3, the meaning set forth in IC 14-31-3-5.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-4-4 part; subdivision (2) formerly 14-2-3-10(a) part; subdivision (3) formerly 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-250"Selling season"

     Sec. 250. "Selling season", for purposes of IC 14-31-3-9, has the meaning set forth in IC 14-31-3-9.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-251Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012, SEC.11.

 

IC 14-8-2-252"Sewage"

     Sec. 252. "Sewage" has the following meaning:

(1) For purposes of IC 14-15-2-7, the meaning set forth in IC 14-15-2-7.

(2) For purposes of IC 14-33-22, the meaning set forth in IC 14-33-22-2.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-1-1-1 part; subdivision (2) formerly 13-3-6-2(b) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-253"Sewerage system"

     Sec. 253. "Sewerage system", for purposes of IC 14-33-22, has the meaning set forth in IC 14-33-22-3.

[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-254"Ship"

     Sec. 254. "Ship", for purposes of IC 14-22-38-6, has the meaning set forth in IC 14-22-38-6.

[Pre-1995 Recodification Citation: 14-2-3-10(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-254.5"Shooting range"

     Sec. 254.5. "Shooting range", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-3.

As added by P.L.134-1996, SEC.3.

 

IC 14-8-2-255"Shoreline or water line"

     Sec. 255. "Shoreline or water line" has the following meaning:

(1) For purposes of IC 14-26-2, the meaning set forth in IC 14-26-2-4.

(2) For purposes of IC 14-26-8, the meaning set forth in IC 14-26-8-2.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-11.1-1 part; subdivision (2) formerly 13-2-18-24.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-256"Significant ground water withdrawal facility"

     Sec. 256. "Significant ground water withdrawal facility", for purposes of IC 14-25-4, has the meaning set forth in IC 14-25-4-6.

[Pre-1995 Recodification Citation: 13-2-2.5-2(l).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-257"Significant water withdrawal facility"

     Sec. 257. "Significant water withdrawal facility" has the following meaning:

(1) For purposes of IC 14-25-5, the meaning set forth in IC 14-25-5-5.

(2) For purposes of IC 14-25-7-15, the meaning set forth in IC 14-25-7-15.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-2.6-8; subdivision (2) formerly 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-258"Site"

     Sec. 258. "Site", for purposes of IC 14-21, includes the following:

(1) An aboriginal mound, a fort, an earthwork, a village location, a burial ground, a ruin, a mine, a cave, a battleground, a shipwreck, or other similar location on land or under water.

(2) A location that contains or did contain a structure.

[Pre-1995 Recodification Citations: 14-3-3.3-1(p); 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.167-2011, SEC.10.

 

IC 14-8-2-259"Small lake"

     Sec. 259. "Small lake", for purposes of IC 14-15-3, has the meaning set forth in IC 14-15-3-1.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-260"Small state park"

     Sec. 260. "Small state park", for purposes of IC 14-19-2, has the meaning set forth in IC 14-19-2-1.

[Pre-1995 Recodification Citation: 14-6-2-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-261"Snowmobile"

     Sec. 261. "Snowmobile", for purposes of IC 14-16, means a motor driven vehicle:

(1) designed for travel primarily on snow or ice; and

(2) of a type that uses:

(A) sled type runners or skis;

(B) an endless belt tread; or

(C) any combination of these or other similar means of contact with the surface upon which the vehicle is operated.

[Pre-1995 Recodification Citations: 14-1-3-1(e); 14-1-3.5-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-262"Soil"

     Sec. 262. "Soil", for purposes of IC 14-32-7, has the meaning set forth in IC 14-32-7-5.

[Pre-1995 Recodification Citation: 13-4-3-3(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-263"St. Joseph River basin"

     Sec. 263. "St. Joseph River basin", for purposes of IC 14-30-3, has the meaning set forth in IC 14-30-3-4.

[Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-264"Stamp"

     Sec. 264. "Stamp" has the following meaning:

(1) For purposes of IC 14-22-7, the meaning set forth in IC 14-22-7-2.

(2) For purposes of IC 14-22-8, the meaning set forth in IC 14-22-8-3.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-4.5-1(c); subdivision (2) formerly 14-2-4.6-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-265"State"

     Sec. 265. "State", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-32, means the following:

(1) The Indiana state government.

(2) An agency, a subdivision, an officer, a board, a bureau, a commission, a department, a division, or an instrumentality of the state.

[Pre-1995 Recodification Citations: 13-2-22-3(21); 13-3-1-3(7).]

As added by P.L.1-1995, SEC.1. Amended by P.L.225-2005, SEC.10; P.L.113-2014, SEC.94; P.L.219-2014, SEC.16.

 

IC 14-8-2-266Repealed

[Pre-1995 Recodification Citation: 14-3-3.3-1(n).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.167-2011, SEC.31.

 

IC 14-8-2-266.8"State college or university project"

     Sec. 266.8. "State college or university project", for purposes of IC 14-21-1, has the meaning set forth in IC 14-21-1-10.4.

As added by P.L.135-1996, SEC.1.

 

IC 14-8-2-267"Stream"

     Sec. 267. "Stream" has the following meaning:

(1) For purposes of IC 14-25-7, the meaning set forth in IC 14-25-7-7.

(2) For purposes of IC 14-29-8, the meaning set forth in IC 14-29-8-1.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-6.1-1 part; subdivision (2) formerly 13-2-33-2.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-268"Structure"

     Sec. 268. "Structure" has the following meaning:

(1) For purposes of IC 14-21, a manmade construction.

(2) For purposes of IC 14-27-7.5, the meaning set forth in IC 14-27-7.5-5.

[Pre-1995 Recodification Citations: 14-3-3.3-1(o); 14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.148-2002, SEC.4; P.L.167-2011, SEC.11.

 

IC 14-8-2-268.5"Substantial alteration"

     Sec. 268.5. "Substantial alteration", for purposes of IC 14-21-1-18.6, has the meaning set forth in IC 14-21-1-18.6(a).

As added by P.L.54-1997, SEC.6.

 

IC 14-8-2-269"Substantial legal and financial commitments in a surface coal mining operation"

     Sec. 269. "Substantial legal and financial commitments in a surface coal mining operation", for purposes of IC 14-34-18, has the meaning set forth in IC 14-34-18-2.

[Pre-1995 Recodification Citation: 13-4.1-1-3(10.5).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-270Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-14.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-271"Supervisor"

     Sec. 271. "Supervisor", for purposes of IC 14-32, refers to one (1) of the members of the governing body of a soil and water conservation district.

[Pre-1995 Recodification Citation: 13-3-1-3(2).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-272"Surface coal mining and reclamation operations"

     Sec. 272. "Surface coal mining and reclamation operations", for purposes of IC 14-34, means surface mining operations and all activities necessary and incident to the reclamation of the operations after August 3, 1977.

[Pre-1995 Recodification Citation: 13-4.1-1-3(11).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-273"Surface coal mining operations"

     Sec. 273. "Surface coal mining operations", for purposes of IC 14-34 and IC 14-36-2, means the following:

(1) Activities conducted on the surface of land in connection with a surface coal mine or, subject to the requirements of IC 14-34-11, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. The activities include the following:

(A) Excavation for the purpose of obtaining coal, including common methods such as contour, strip, auger, hilltop removal, boxcut, open pit, and area mining.

(B) The extraction of coal from coal refuse piles.

(C) The use of explosives and blasting.

(D) In situ distillation or retorting, leaching, or other chemical or physical processing.

(E) The cleaning, concentrating, or other processing or preparation of coal.

(F) The loading of coal for interstate commerce at or near the mine site.

The activities do not include the extraction of coal incidental to the extraction of other minerals if coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or coal explorations subject to IC 14-34-9.

(2) The areas upon which mining activities occur or where mining activities disturb the natural land surface. The areas include the following:

(A) Adjacent land for which the use is incidental to mining activities.

(B) All land affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of mining activities and for haulage.

(C) Excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which structures, facilities, or other property or materials on the surface resulting from or incident to mining activities are sited.

[Pre-1995 Recodification Citation: 13-4.1-1-3(12).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-274"Surface mining"

     Sec. 274. "Surface mining", for purposes of IC 14-36, has the meaning set forth in IC 14-36.

[Pre-1995 Recodification Citation: 13-4-6-2(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-274.5"Surface Mining Control and Reclamation Act"

     Sec. 274.5. "Surface Mining Control and Reclamation Act", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-2.5.

As added by P.L.176-1995, SEC.4.

 

IC 14-8-2-275"Surface water"

     Sec. 275. "Surface water", for purposes of IC 14-25 through IC 14-29, means all water occurring on the surface of the ground. The term includes the following:

(1) Water in a stream.

(2) Natural and artificial lakes.

(3) Ponds.

(4) Swales.

(5) Marshes.

(6) Diffused surface water.

[Pre-1995 Recodification Citations: 13-2-1-4(1); 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-276"Surplus water"

     Sec. 276. "Surplus water", for purposes of IC 14-25-7-13, has the meaning set forth in IC 14-25-7-13.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-277"System"

     Sec. 277. "System" has the following meaning:

(1) For purposes of IC 14-29-6, the meaning set forth in IC 14-29-6-5.

(2) For purposes of IC 14-31-1, the meaning set forth in IC 14-31-1-6.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-26-3(f); subdivision (2) formerly 14-4-5-2(e).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-278"Take"

     Sec. 278. "Take" has the following meaning:

(1) For purposes of IC 14-22, except as provided in subdivisions (2) and (3):

(A) to kill, shoot, spear, gig, catch, trap, harm, harass, or pursue a wild animal; or

(B) to attempt to engage in such conduct.

(2) For purposes of IC 14-22-6-16, the meaning set forth in IC 14-22-6-16(b).

(3) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-5.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-2-1 part; subdivision (2) formerly 14-2-8.5-1(h).]

As added by P.L.1-1995, SEC.1. Amended by P.L.111-2016, SEC.7.

 

IC 14-8-2-279"Tangible net worth"

     Sec. 279. "Tangible net worth", for purposes of IC 14-34-7, has the meaning set forth in IC 14-34-7-3.

[Pre-1995 Recodification Citation: 13-4.1-6.3-7.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-279.5Repealed

As added by P.L.112-2006, SEC.1. Amended by P.L.83-2009, SEC.1. Repealed by P.L.133-2012, SEC.167.

 

IC 14-8-2-280"Taxidermist"

     Sec. 280. "Taxidermist", for purposes of IC 14-22-21, has the meaning set forth in IC 14-22-21-1.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-281"Test hole"

     Sec. 281. "Test hole", for purposes of IC 14-38-2, has the meaning set forth in IC 14-38-2-4.

[Pre-1995 Recodification Citation: 13-4-5-2(6).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-281.5"Total length"

     Sec. 281.5. "Total length", for purposes of IC 14-28-1-22, has the meaning set forth in IC 14-28-1-22(a).

As added by P.L.180-1995, SEC.1.

 

IC 14-8-2-282Repealed

[Pre-1995 Recodification Citation: 14-3-20-11.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.172-2016, SEC.3.

 

IC 14-8-2-283Repealed

[Pre-1995 Recodification Citation: 14-3-3.3-1(q).]

As added by P.L.1-1995, SEC.1. Repealed by P.L.167-2011, SEC.31.

 

IC 14-8-2-284"Trust I"

     Sec. 284. "Trust I", for purposes of IC 14-31-2, has the meaning set forth in IC 14-31-2-7.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-285"Trust II"

     Sec. 285. "Trust II", for purposes of IC 14-31-2, has the meaning set forth in IC 14-31-2-8.

[Pre-1995 Recodification Citation: 14-4-5.1-2 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-285.5"Unanticipated event or condition"

     Sec. 285.5. "Unanticipated event or condition", for purposes of IC 14-34-4, means an event or condition that:

(1) is encountered in a remining operation; and

(2) was not contemplated by the applicable surface coal mining and reclamation permit.

As added by P.L.179-1995, SEC.2.

 

IC 14-8-2-286Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-15.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-287"Underground injection"

     Sec. 287. "Underground injection", for purposes of IC 14-32-5-4, has the meaning set forth in IC 14-32-5-4.

[Pre-1995 Recodification Citation: 13-3-1-15(a)(3).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-288"Underwater breathing apparatus"

     Sec. 288. "Underwater breathing apparatus", for purposes of IC 14-15-9, has the meaning set forth in IC 14-15-9-3.

[Pre-1995 Recodification Citation: 14-1-7-3.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-289"Unit of local government"

     Sec. 289. "Unit of local government", for purposes of IC 14-12-1 and IC 14-22-10, means a:

(1) county;

(2) city;

(3) town; or

(4) township;

located in Indiana.

[Pre-1995 Recodification Citation: 14-3-17-6.5.]

As added by P.L.1-1995, SEC.1. Amended by P.L.52-2001, SEC.4; P.L.82-2005, SEC.1.

 

IC 14-8-2-290"United States"

     Sec. 290. "United States" has the following meaning:

(1) For purposes of IC 14-28-1 and IC 14-28-3, the following:

(A) The United States government.

(B) An agency, an officer, a board, a bureau, a commission, a department, a division, or an instrumentality of the United States.

(2) For purposes of IC 14-32, the following:

(A) The United States.

(B) The Natural Resources Conservation Service of the United States Department of Agriculture.

(C) Any other agency or instrumentality, corporate or otherwise, of the United States.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-22-3(22); subdivision (2) formerly 13-3-1-3(8).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-291"Unwarranted failure to comply"

     Sec. 291. "Unwarranted failure to comply", for purposes of IC 14-34-15-7, has the meaning set forth in IC 14-34-15-7.

[Pre-1995 Recodification Citation: 13-4.1-1-3(13).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-291.5"Upper Wabash River basin"

     Sec. 291.5. "Upper Wabash River basin", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-5.

As added by P.L.35-2001, SEC.5.

 

IC 14-8-2-292"Urban geology survey"

     Sec. 292. "Urban geology survey", for purposes of IC 14-32-7-7, has the meaning set forth in IC 14-32-7-7.

[Pre-1995 Recodification Citation: 13-4-3-3(g).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-293"User"

     Sec. 293. "User", for purposes of IC 14-33-22, has the meaning set forth in IC 14-33-22-4.

[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-294Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-16.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-294.5"Utility"

     Sec. 294.5. "Utility", for purposes of IC 14-18-10, includes a communications service provider (as defined in IC 8-1-32.5-4).

As added by P.L.145-2015, SEC.5.

 

IC 14-8-2-295Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-17.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997, SEC.91.

 

IC 14-8-2-296"Vehicle"

     Sec. 296. "Vehicle", for purposes of IC 14-16-1, has the meaning set forth in IC 14-16-1-7.

[Pre-1995 Recodification Citation: 14-1-3-1(g).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-297"Visible"

     Sec. 297. "Visible", for purposes of IC 14-15, means capable of being seen by a person of normal vision on a dark and clear night.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-298"Vital"

     Sec. 298. "Vital", for purposes of IC 14-24-5, has the meaning set forth in IC 14-24-5-1.

[Pre-1995 Recodification Citation: 14-7-1-18.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-298.5"Volume"

     Sec. 298.5. "Volume", for purposes of IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-6.

As added by P.L.148-2002, SEC.5.

 

IC 14-8-2-299"Wabash River"

     Sec. 299. "Wabash River", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-4.

[Pre-1995 Recodification Citation: 14-6-36-5.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-300"Wabash River heritage corridor"

     Sec. 300. "Wabash River heritage corridor", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-5.

[Pre-1995 Recodification Citation: 14-6-36-6.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-301"Wake" or "wash"

     Sec. 301. "Wake" or "wash", for purposes of IC 14-15, means a track left by a watercraft causing waves that:

(1) disrupt other water sport activities; or

(2) may cause injury or damage to individuals, watercraft, or property.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-302"Waste" or "wasted"

     Sec. 302. "Waste" or "wasted" has the following meaning:

(1) For purposes of IC 14-25-3, the meaning set forth in IC 14-25-3-2.

(2) For purposes of IC 14-37, the term includes the following:

(A) Locating, spacing, drilling, equipping, operating, or producing a well for oil and gas purposes drilled after March 13, 1947, in any manner that:

(i) reduces or tends to reduce the quantity of oil or gas ultimately to be recovered from any well in Indiana; or

(ii) violates the spacing provisions adopted by the commission under IC 14-37.

(B) Storing oil in earthen reservoirs except in an emergency to prevent the total loss of that oil.

(C) Producing oil or gas in a manner that will cause water channeling or zoning.

(D) Injecting fluids into a stratum or part of a stratum capable of producing oil or gas, except in accordance with the terms of a Class II well for which a permit is issued under IC 14-37.

(E) Allowing water other than fresh water to flow from any producing horizon located in a producing pool, except in accordance with the terms of a permit issued under IC 14-37.

(F) Allowing gas from a well that produces only gas to escape into the atmosphere, except as is necessary while making or changing connections, completing the well, or reconditioning the well.

[Pre-1995 Recodification Citations: subdivision (1) formerly 13-2-2-1 part; subdivision (2) formerly 13-8-2-21.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-303"Water containing state owned fish"

     Sec. 303. "Water containing state owned fish", for purposes of IC 14-22, means any water on public or private land that:

(1) permits ingress by fish from waters of the state; or

(2) has been stocked with state owned fish.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-304"Watercourse"

     Sec. 304. (a) "Watercourse", for purposes of IC 14-25 through IC 14-30, means a channel that:

(1) has defined banks;

(2) is cut by erosion of running water through turf, soil, rock, or other material; and

(3) has a bottom over which water flows for substantial periods of the year.

     (b) The term includes the following:

(1) The upstream and downstream parts of a watercourse that is lost in a swamp or a lake if the watercourse emerges from the swamp or lake in a well defined channel.

(2) A watercourse that has been improved by confining the watercourse in an artificial channel.

[Pre-1995 Recodification Citation: 13-2-1-4(4).]

As added by P.L.1-1995, SEC.1. Amended by P.L.138-2018, SEC.2.

 

IC 14-8-2-305"Watercraft"

     Sec. 305. "Watercraft", for purposes of IC 14-15 and IC 14-29-8, means any instrumentality or device in or by means of which a person may be transported upon the public water of Indiana. The term includes a motorboat, sailboat, rowboat, skiff, dinghy, or canoe:

(1) of any length or size; and

(2) whether or not used to carry passengers for hire.

[Pre-1995 Recodification Citations: 13-2-33-3; 14-1-1-1 part; 14-1-7-4.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-306"Water facilities" and "water supply"

     Sec. 306. "Water facilities" and "water supply", for purposes of IC 14-33-20, have the meaning set forth in IC 14-33-20-3.

[Pre-1995 Recodification Citation: 13-3-4-1(c).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-307"Water of the state"

     Sec. 307. "Water of the state", for purposes of IC 14-22, means a lake, reservoir, marsh, waterway, or other water:

(1) under public:

(A) ownership;

(B) jurisdiction; or

(C) lease; or

(2) that has been used by the public with the acquiescence of any or all riparian owners.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-308"Water resource"

     Sec. 308. "Water resource", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-8.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-309"Water resources"

     Sec. 309. "Water resources", for purposes of IC 14-28-1, has the meaning set forth in IC 14-28-1-4.

[Pre-1995 Recodification Citation: 13-2-22-3(16).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-310"Watershed"

     Sec. 310. (a) "Watershed", for purposes of IC 14-25 through IC 14-29, means an area:

(1) from which water drains to a common point; and

(2) for:

(A) a watercourse, that is measured to the mouth of the watercourse; and

(B) any part of a watercourse, that is measured to the farthest downstream point in question.

     (b) For purposes of IC 14-13-2, "watershed" has the meaning set forth in IC 14-13-2-3.8.

[Pre-1995 Recodification Citation: 13-2-1-4(6).]

As added by P.L.1-1995, SEC.1. Amended by P.L.106-2012, SEC.3.

 

IC 14-8-2-311"Water supply"

     Sec. 311. "Water supply", for purposes of IC 14-25 through IC 14-29, means the volume of water designated for use in or by a beneficial process or purpose in the satisfaction of domestic, municipal, agricultural, industrial, commercial, recreational, power, transportation, stream pollution abatement, health, and other uses and needs in a manner consistent with the public interest.

[Pre-1995 Recodification Citation: 13-2-1-4(10).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-312"Water supply reservoir"

     Sec. 312. "Water supply reservoir", for purposes of IC 14-26-2-16, has the meaning set forth in IC 14-26-2-16.

[Pre-1995 Recodification Citation: 13-2-11.1-15(a).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-313"Water supply storage"

     Sec. 313. "Water supply storage", for purposes of IC 14-25 through IC 14-29, means the part of a reservoir impoundment designated or allocated for water supply purposes.

[Pre-1995 Recodification Citation: 13-2-1-4(9).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-314"Water use easement"

     Sec. 314. "Water use easement", for purposes of IC 14-29-6-13, has the meaning set forth in IC 14-29-6-13.

[Pre-1995 Recodification Citation: 13-2-26-3(i).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-315"Waterway"

     Sec. 315. "Waterway", for purposes of IC 14-22, means a river, stream, ditch, canal, or other channel through which water may flow continuously or seasonally.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-315.2"Wear hunter orange"

     Sec. 315.2. "Wear hunter orange", for purposes of IC 14-22-38-7, has the meaning set forth in IC 14-22-38-7(b).

As added by P.L.104-2001, SEC.2.

 

IC 14-8-2-316"Weed"

     Sec. 316. "Weed" means any plant that is competitive, persistent, pernicious, and interferes with human activity, and as a result is undesirable.

[Pre-1995 Recodification Citation: 13-2-2.5-2(m).]

As added by P.L.177-1995, SEC.3.

 

IC 14-8-2-317"Well for oil and gas purposes"

     Sec. 317. "Well for oil and gas purposes", for purposes of IC 14-37, means a well bore drilled, deepened, or converted for any purpose for which a permit is required under IC 14-37. The term includes the following:

(1) An oil well.

(2) A natural gas well.

(3) A coal bed methane well.

(4) A Class II well.

(5) A structure test well.

(6) A well used for the sole purpose of supplying water for the secondary recovery of petroleum resources.

(7) An underground gas storage well or underground gas storage observation well.

[Pre-1995 Recodification Citation: 13-8-2-22.]

As added by P.L.1-1995, SEC.1. Amended by P.L.78-2010, SEC.3.

 

IC 14-8-2-318"Wild animal"

     Sec. 318. "Wild animal" has the following meaning:

(1) For purposes of IC 14-22, except as provided in subdivision (2), an animal whose species usually:

(A) lives in the wild; or

(B) is not domesticated.

(2) For purposes of IC 14-22-38-6, the meaning set forth in IC 14-22-38-6.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-2-1 part; subdivision (2) formerly 14-2-3-10(a) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-319"Wild ginseng"

     Sec. 319. "Wild ginseng", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-6.

[Pre-1995 Recodification Citation: 14-4-8-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-320"Wildlife"

     Sec. 320. "Wildlife" has the following meaning:

(1) For purposes of IC 14-22, except as provided in subdivision (2), all wild birds and wild mammals.

(2) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-6.

[Pre-1995 Recodification Citations: subdivision (1) formerly 14-2-2-1 part; subdivision (2) formerly 14-2-8.5-1(i).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-321"Withdrawal use"

     Sec. 321. "Withdrawal use", for purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-9.

[Pre-1995 Recodification Citation: 13-2-6.1-1 part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-322"Works"

     Sec. 322. "Works", for purposes of IC 14-33-22, has the meaning set forth in IC 14-33-22-5.

[Pre-1995 Recodification Citation: 13-3-6-2(b) part.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-2-323"Zoological park"

     Sec. 323. "Zoological park", for purposes of IC 14-22-26, has the meaning set forth in IC 14-22-26-2.

[Pre-1995 Recodification Citation: 14-2-7-21(d).]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3Chapter 3. Effect of Recodification by the Act of the 1995 Regular Session of the General Assembly

 

           14-8-3-1"Prior natural resources law" defined
           14-8-3-2Purpose of recodification act
           14-8-3-3Statutory construction
           14-8-3-4Effect on existing rights and liabilities
           14-8-3-5Recodification of prior natural resources law
           14-8-3-6References to repealed and replaced statutes
           14-8-3-7References to provisions of recodification act
           14-8-3-8References to rules
           14-8-3-9References to provisions of prior natural resources law

 

IC 14-8-3-1"Prior natural resources law" defined

     Sec. 1. As used in this chapter, "prior natural resources law" refers to the statutes that are repealed or amended in the recodification act of the 1995 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 1995 regular session of the general assembly.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-2Purpose of recodification act

     Sec. 2. The purpose of the recodification act of the 1995 regular session of the general assembly is to recodify prior natural resources law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 1995 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 1995 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 1994 expressly indicate a different purpose;

the substantive operation and effect of the prior natural resources law continue uninterrupted as if the recodification act of the 1995 regular session of the general assembly had not been enacted.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-3Statutory construction

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 1995 regular session of the general assembly.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1. Amended by P.L.2-1997, SEC.52.

 

IC 14-8-3-4Effect on existing rights and liabilities

     Sec. 4. (a) The recodification act of the 1995 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts or leases executed; or

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority;

before the effective date of the recodification act of the 1995 regular session of the general assembly (July 1, 1995). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior natural resources law as if the recodification act of the 1995 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 1995 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior natural resources law.

     (c) The recodification act of the 1995 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior natural resources law or the rules adopted under the prior natural resources law.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-5Recodification of prior natural resources law

     Sec. 5. The recodification act of the 1995 regular session of the general assembly shall be construed as a recodification of prior natural resources law. If the literal meaning of the recodification act of the 1995 regular session of the general assembly would result in a substantive change in the prior natural resources law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 1995 regular session of the general assembly; and

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 1995 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 1995 regular session of the general assembly to the extent that the recodification act of the 1995 regular session of the general assembly is not substantively identical to the prior natural resources law.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-6References to repealed and replaced statutes

     Sec. 6. Subject to section 7 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1995 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-7References to provisions of recodification act

     Sec. 7. A citation reference in the recodification act of the 1995 regular session of the general assembly to another provision of the recodification act of the 1995 regular session of the general assembly shall be treated as including a reference to the provision of prior natural resources law that is substantively equivalent to the provision of the recodification act of the 1995 regular session of the general assembly that is referred to by the citation reference.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-8References to rules

     Sec. 8. (a) As used in the recodification act of the 1995 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1995 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 1995 regular session of the general assembly; or

(2) rules adopted under the prior natural resources law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior natural resources law continue in effect after June 30, 1995, until the rules are amended, repealed, or suspended.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-8-3-9References to provisions of prior natural resources law

     Sec. 9. (a) A reference in the recodification act of the 1995 regular session of the general assembly to a citation in the prior natural resources law before its repeal is added in certain sections of the recodification act of the 1995 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 1995 regular session of the general assembly of a reference to a citation in the prior natural resources law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts or leases executed; or

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority;

before the effective date of the recodification act of the 1995 regular session of the general assembly (July 1, 1995). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior natural resources law as if the recodification act of the 1995 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 1995 regular session of the general assembly of a citation to a provision in the prior natural resources law does not affect the use of a prior conviction, violation, or noncompliance under the prior natural resources law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 1995 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 1995 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

 

IC 14-9ARTICLE 9. DEPARTMENT OF NATURAL RESOURCES

 

           Ch. 1.Creation of Department
           Ch. 2.Director of Department
           Ch. 3.Bureaus of Department
           Ch. 4.Divisions of Department
           Ch. 5.Revolving Funds of Divisions
           Ch. 6.Advisory Council
           Ch. 7.Employees of Department
           Ch. 8.Law Enforcement
           Ch. 9.Counties with Special Boat Patrol Needs

 

IC 14-9-1Chapter 1. Creation of Department

 

           14-9-1-1Creation of department

 

IC 14-9-1-1Creation of department

     Sec. 1. The department of natural resources is created. The department consists of the following:

(1) The director.

(2) Four (4) deputy directors.

(3) Other personnel necessary for the performance of the functions imposed upon the department.

[Pre-1995 Recodification Citation: 14-3-3-2.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-2Chapter 2. Director of Department

 

           14-9-2-1Creation of office of director
           14-9-2-2Appointment and removal of deputies, officers, and employees
           14-9-2-3Supervisory duties
           14-9-2-4Law enforcement powers
           14-9-2-5"Endangered species"

 

IC 14-9-2-1Creation of office of director

     Sec. 1. The office of director of the department is created. The governor shall appoint the director, who serves at the pleasure of the governor. The director is the executive and chief administrative officer of the department.

[Pre-1995 Recodification Citation: 14-3-3-4 part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.100-2012, SEC.35.

 

IC 14-9-2-2Appointment and removal of deputies, officers, and employees

     Sec. 2. The director may do the following:

(1) Appoint and remove deputy directors.

(2) Upon the recommendation of the deputy director of a bureau, appoint and remove all officers and employees of the bureau.

[Pre-1995 Recodification Citation: 14-3-3-4 part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-2-3Supervisory duties

     Sec. 3. The director has the following duties:

(1) Supervision of the work of the department and of each of the divisions.

(2) The control of all officers, deputies, inspectors, and employees charged with the enforcement of the penal provisions of this title or of the rules of the commission.

(3) The direct charge of the conservation officers in the enforcement of the laws relating to fisheries and game.

[Pre-1995 Recodification Citation: 14-3-1-1 part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-2-4Law enforcement powers

     Sec. 4. (a) The director may, with the approval of the commission, do the following:

(1) Cooperate with any other department of state government in the enforcement of law.

(2) Assign deputies to aid the other department in making inspections and in the prevention or detection of crime.

(3) Receive similar assistance from the deputies of any other state department.

     (b) If deputies or employees of one (1) department are assigned to another department, the deputies or employees shall be paid from the money of the department to which the deputies or employees are assigned.

[Pre-1995 Recodification Citation: 14-3-1-1 part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-2-5"Endangered species"

     Sec. 5. (a) As used in this section, "endangered species" means the following:

(1) An endangered species as defined by IC 14-22-34-1.

(2) A native plant species classified by the division of nature preserves as endangered or threatened.

     (b) Information that provides the specific or general location of an endangered species or information that, if disclosed, could have a detrimental effect on an endangered species may be kept confidential for purposes of IC 5-14-3-4 at the discretion of the director.

As added by P.L.155-2015, SEC.7.

 

IC 14-9-3Chapter 3. Bureaus of Department

 

           14-9-3-1Creation of bureaus
           14-9-3-2Deputy directors

 

IC 14-9-3-1Creation of bureaus

     Sec. 1. The following bureaus are created within the department:

(1) The bureau of water and resource regulation.

(2) The bureau of lands and cultural resources.

(3) The bureau of mine reclamation.

(4) The bureau of law enforcement and administration.

[Pre-1995 Recodification Citation: 14-3-3-6(a).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-3-2Deputy directors

     Sec. 2. Each bureau is headed by a deputy director. Each deputy director:

(1) must be professionally or technically qualified for the position; and

(2) shall be employed in accordance with IC 14-9-7.

[Pre-1995 Recodification Citation: 14-3-3-6(b).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-4Chapter 4. Divisions of Department

 

           14-9-4-1Establishment of divisions
           14-9-4-2Creation, consolidation, or abolition of divisions or bureaus
           14-9-4-3State entomologist; state forester

 

IC 14-9-4-1Establishment of divisions

     Sec. 1. The following divisions are established within the department:

(1) Accounting.

(2) Administrative support services.

(3) Budget.

(4) Engineering.

(5) Entomology and plant pathology.

(6) Fish and wildlife.

(7) Forestry.

(8) Historic preservation and archeology.

(9) Human resources.

(10) Internal audit.

(11) Land acquisition.

(12) Law enforcement.

(13) Management information systems.

(14) Nature preserves.

(15) Oil and gas.

(16) Outdoor recreation.

(17) Communications.

(18) Reclamation.

(19) Reservoir management.

(20) Safety and training.

(21) State parks.

(22) Water.

(23) State land office.

[Pre-1995 Recodification Citations: 14-2-1-4 part; 14-3-3-6(c); 14-3-3.3-2(a) part; 14-3-3.4-2 part; 14-3-4-1(d); 14-4-5-4 part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.1-2006, SEC.209; P.L.167-2011, SEC.12; P.L.151-2012, SEC.8; P.L.111-2016, SEC.8.

 

IC 14-9-4-2Creation, consolidation, or abolition of divisions or bureaus

     Sec. 2. (a) The commission may, with the approval of the governor, create divisions other than the divisions established by section 1 of this chapter as the work of the department develops and as is necessary to differentiate the various functions of the department.

     (b) The commission may, with the approval of the governor, merge, consolidate, and abolish bureaus and divisions other than the division of law enforcement as the work of the department develops and as is necessary to consolidate, coordinate, or reduce the functions of the department.

     (c) In the creation, consolidation, or abolition of bureaus or divisions, the commission may not do the following:

(1) Exercise a power or duty not otherwise provided by law.

(2) Abdicate or otherwise avoid the execution of a duty imposed by law.

[Pre-1995 Recodification Citation: 14-3-3-6(d), (e).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-4-3State entomologist; state forester

     Sec. 3. The:

(1) director of the division of entomology and plant pathology is the state entomologist; and

(2) director of the division of forestry is the state forester.

[Pre-1995 Recodification Citations: 14-3-1-8; 14-7-1-17.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-5Chapter 5. Revolving Funds of Divisions

 

           14-9-5-1"Fund" defined
           14-9-5-2Revolving funds
           14-9-5-3Money reverting to state general fund
           14-9-5-4Indiana sportsmen's benevolence account

 

IC 14-9-5-1"Fund" defined

     Sec. 1. As used in this chapter, "fund" refers to the revolving fund of a division.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-5-2Revolving funds

     Sec. 2. All money accruing to the use of a division, other than a regular or specific appropriation made by the general assembly, is considered to constitute a revolving fund for the use of the division.

[Pre-1995 Recodification Citation: 14-3-1-18 part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-5-3Money reverting to state general fund

     Sec. 3. Money in a fund does not revert to the state general fund at the end of a state fiscal year.

[Pre-1995 Recodification Citation: 14-3-1-18 part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.66-2008, SEC.2.

 

IC 14-9-5-4Indiana sportsmen's benevolence account

     Sec. 4. (a) As used in this section, "account" means the Indiana sportsmen's benevolence account established by subsection (b).

     (b) The Indiana sportsmen's benevolence account is established within the fund for the division of law enforcement to encourage citizen participation in feeding the state's hungry through donations of wild game that has been lawfully hunted.

     (c) The account consists of:

(1) gifts;

(2) donations;

(3) proceeds derived from marketing by the division of law enforcement of goods related to the feeding of the state's hungry through donations of wild game under subsection (b); and

(4) donations collected under IC 14-22-12-1(c).

     (d) The expenses of administering the account shall be paid from money in the account.

     (e) The division of law enforcement shall:

(1) conduct a publicity campaign relating to feeding the state's hungry through donations of wild game;

(2) coordinate with nonprofit entities and other entities created with goals of feeding the state's hungry;

(3) coordinate with nonprofit entities to use the money collected under IC 14-22-12-1(c) to assist meat processors in processing donations of wild game related to feeding the state's hungry; and

(4) engage in any other activities to further the goals of this section.

     (f) A person who receives money from the fund must submit a budget request for providing estimated payments to participating meat processors for the number of donated wild game animals to be included in the program. The division of law enforcement must certify the information on the application and determine:

(1) whether the participating meat processor may receive a grant; and

(2) the amount of the grant each participating meat processor may receive under this section.

     (g) An eligible meat processor may use money granted to the meat processor from the account as authorized under this section. However, an eligible meat processor must submit to the division of law enforcement any information that is requested of the meat processor. At the request of the division of law enforcement or the state board of accounts, the eligible meat processor shall submit to an audit of the funds received.

     (h) The division of law enforcement shall make grant distributions under this section to eligible meat processors as soon as practical after receipt of an approved invoice for payment.

     (i) The department shall adopt rules under IC 4-22-2 to implement this chapter, including rules governing:

(1) the deadlines for applying for a grant under this section;

(2) the types of expenses incurred for which grant money may be used; and

(3) any expense documentation required to satisfy program accounting needs.

     (j) Money in the account is annually appropriated for the purposes described in this section.

     (k) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.

     (l) Money in the account at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.66-2008, SEC.3. Amended by P.L.46-2010, SEC.1; P.L.124-2013, SEC.1; P.L.2-2014, SEC.75.

 

IC 14-9-6Chapter 6. Advisory Council

 

           14-9-6-1Creation of advisory council
           14-9-6-2Members
           14-9-6-3Terms of members
           14-9-6-4Filling of vacancies
           14-9-6-5Travel expenses
           14-9-6-6Meetings
           14-9-6-7Chairpersons and officers
           14-9-6-8Action in advisory capacity

 

IC 14-9-6-1Creation of advisory council

     Sec. 1. An advisory council is established to serve both of the following:

(1) The bureau of water and resource regulation.

(2) The bureau of lands and cultural resources.

[Pre-1995 Recodification Citation: 14-3-3-10(a) part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.1.

 

IC 14-9-6-2Members

     Sec. 2. (a) The advisory council consists of seven (7) members appointed by the governor.

     (b) Not more than four (4) members may be of the same political party.

[Pre-1995 Recodification Citation: 14-3-3-10(a) part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.2; P.L.133-2012, SEC.168.

 

IC 14-9-6-3Terms of members

     Sec. 3. The term of a member of a council is three (3) years. The terms must be staggered so that the terms of not more than three (3) members may expire in a year.

[Pre-1995 Recodification Citation: 14-3-3-10(a) part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.133-2012, SEC.169.

 

IC 14-9-6-4Filling of vacancies

     Sec. 4. A vacancy on a council caused by a reason other than an expired term shall be filled for the remainder of the unexpired term.

[Pre-1995 Recodification Citation: 14-3-3-10(a) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-6-5Travel expenses

     Sec. 5. The members are entitled to receive traveling expenses that are necessarily incident to the performance of official functions.

[Pre-1995 Recodification Citation: 14-3-3-10(c).]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.3.

 

IC 14-9-6-6Meetings

     Sec. 6. The advisory council:

(1) shall hold a meeting in January of each calendar year; and

(2) may hold meetings at the call of the chairperson.

[Pre-1995 Recodification Citation: 14-3-3-10(b) part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.4; P.L.133-2012, SEC.170.

 

IC 14-9-6-7Chairpersons and officers

     Sec. 7. During the meeting held in January of each calendar year, the advisory council shall elect the following:

(1) A chairperson and vice chairperson.

(2) Any other officer needed to carry out the business of the advisory council.

[Pre-1995 Recodification Citation: 14-3-3-10(b) part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.5; P.L.133-2012, SEC.171.

 

IC 14-9-6-8Action in advisory capacity

     Sec. 8. (a) The advisory council shall act in an advisory capacity to the department and the commission with respect to the bureaus on matters pertaining to the following:

(1) Policy.

(2) Administration of all programs and facilities under the control and management of the bureau.

(3) The programs conducted by the department in the areas served by the bureau.

     (b) The advisory council may not act in any capacity on specific license or permit applications.

[Pre-1995 Recodification Citation: 14-3-3-10(d).]

As added by P.L.1-1995, SEC.2. Amended by P.L.95-2006, SEC.6.

 

IC 14-9-7Chapter 7. Employees of Department

 

           14-9-7-1Repealed
           14-9-7-2Personnel procedures
           14-9-7-3Applicability of IC 14-9-8 to law enforcement division employees
           14-9-7-4Repealed
           14-9-7-5Repealed

 

IC 14-9-7-1Repealed

[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.

 

IC 14-9-7-2Personnel procedures

     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. Amended by P.L.100-2012, SEC.37.

 

IC 14-9-7-3Applicability of IC 14-9-8 to law enforcement division 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.

 

IC 14-9-7-4Repealed

[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.

 

IC 14-9-7-5Repealed

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

 

IC 14-9-8Chapter 8. Law Enforcement

 

           14-9-8-1Repealed
           14-9-8-2"Division" defined
           14-9-8-3Organization of division
           14-9-8-4Purchases
           14-9-8-5Compensation of director and conservation officers
           14-9-8-6Appointment of director
           14-9-8-7Duties of director
           14-9-8-8Appointment of personnel
           14-9-8-9Political activities not to be required
           14-9-8-10Worker's compensation
           14-9-8-11Training and examinations
           14-9-8-12Probationary employees
           14-9-8-13Ineligibility for reappointment
           14-9-8-14Discharge, demotion, or suspension
           14-9-8-15Uniforms and equipment
           14-9-8-16Powers and duties of conservation officers
           14-9-8-17Police and arrest powers
           14-9-8-18Carrying arms
           14-9-8-19Obstructing, hindering, or interfering with director, officer, or employee
           14-9-8-20Cooperation with law enforcement officers; investigations
           14-9-8-21Conservation officers fish and wildlife fund
           14-9-8-21.5Conservation officers marine enforcement fund
           14-9-8-22Retirement of conservation officers
           14-9-8-23"Turn in a poacher" program
           14-9-8-24Persons authorized to enforce fish and wildlife laws
           14-9-8-25Conservation officers authorized to work with law enforcement agencies
           14-9-8-26Repealed
           14-9-8-27Conservation reserve officer assisting in enforcement of watercraft laws
           14-9-8-28Salaries

 

IC 14-9-8-1Repealed

[Pre-1995 Recodification Citation: 14-3-4-1(a).]

As added by P.L.1-1995, SEC.2. Repealed by P.L.26-2008, SEC.19.

 

IC 14-9-8-2"Division" defined

     Sec. 2. As used in this chapter, "division" refers to the law enforcement division.

[Pre-1995 Recodification Citation: 14-3-4-1(b).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-3Organization of division

     Sec. 3. The law enforcement division shall be organized in conformity with rules adopted by the commission.

[Pre-1995 Recodification Citation: 14-3-4-1(e).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-4Purchases

     Sec. 4. The department shall purchase all property, supplies, and equipment for the division.

[Pre-1995 Recodification Citation: 14-3-4-1(f).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-5Compensation of director and conservation officers

     Sec. 5. The salaries and compensation of the division director and the conservation officers shall be fixed by the director and approved by the budget agency as provided by Indiana law.

[Pre-1995 Recodification Citation: 14-3-4-1(g).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-6Appointment of director

     Sec. 6. The governor shall appoint the director of the division in accordance with a recommendation of the director. The division director:

(1) is in charge of the division and has general supervision of the work of the division;

(2) serves at the pleasure of the governor;

(3) shall be selected on the basis of training and experience; and

(4) must have had at least five (5) years experience in a supervisory capacity in a law enforcement agency closely associated with conservation to equip the division director for the position.

[Pre-1995 Recodification Citation: 14-3-4-2.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-7Duties of director

     Sec. 7. (a) The division director shall, with the approval of the director, do the following:

(1) Establish classification of ranks, grades, and positions in the division.

(2) Designate the authority and responsibility of each rank.

(3) For each rank, grade, and position, set standards of qualifications and fix the prerequisite of training, education, and experience.

     (b) The division director may, with the approval of the director, designate the rank, grade, and position to be held by each employee of the division. The division director may assign and reassign each employee of the division to serve at the stations and perform the duties that the division director designates.

[Pre-1995 Recodification Citation: 14-3-4-3.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-8Appointment of personnel

     Sec. 8. The division director shall, with the approval of the director, appoint personnel to the ranks, grades, and positions within the division.

[Pre-1995 Recodification Citation: 14-3-4-4(a).]

As added by P.L.1-1995, SEC.2. Amended by P.L.100-2012, SEC.40.

 

IC 14-9-8-9Political activities not to be required

     Sec. 9. An officer appointee or a conservation officer of the division may not be ordered in any manner to do any of the following:

(1) Engage in the activities or interest of any of the following:

(A) A political party.

(B) A candidate for public office.

(C) A candidate for nomination to public office.

(2) Participate in any manner in a political campaign for the nomination or election of candidates to public office.

[Pre-1995 Recodification Citation: 14-3-4-4(b).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-10Worker's compensation

     Sec. 10. (a) Injury, death, or occupational disease of a conservation officer arising out of and during the course of the performance of the officer's duties as a conservation officer is compensable under IC 22-3.

     (b) For the purposes of this chapter and IC 22-3, all conservation officers are conclusively presumed to have accepted the compensation provisions of IC 22-3.

[Pre-1995 Recodification Citation: 14-3-4-5.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-11Training and examinations

     Sec. 11. (a) The division director shall, with the approval of the director, organize and conduct a training school for officer candidates and other employees of the division. A conservation officer may not be assigned to regular active duty until the officer has received training and successfully passed a course prescribed by the division director. The division director shall periodically prescribe and conduct supplemental training courses for all conservation officers of the division.

     (b) The division director shall devise and administer examinations designed to test applicants in the qualifications required for the rank, grade, or position. Only those applicants who best meet the prerequisites may be appointed.

[Pre-1995 Recodification Citation: 14-3-4-6(a), (b) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-12Probationary employees

     Sec. 12. All new conservation officers appointed to the division are probationary employees for one (1) year from the date of appointment.

[Pre-1995 Recodification Citation: 14-3-4-6(b) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-13Ineligibility for reappointment

     Sec. 13. A person who:

(1) is discharged from the division; or

(2) withdraws before the completion of two (2) years of duty from date of appointment;

is not eligible for reappointment.

[Pre-1995 Recodification Citation: 14-3-4-6(b) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-14Discharge, demotion, or suspension

     Sec. 14. (a) The division director may, with the approval of the director, discharge, demote, or temporarily suspend an employee of the division, for cause, after preferring charges in writing.

     (b) An employee who is discharged or demoted is entitled to a public hearing before the department if the employee demands a hearing within ten (10) days after receiving notice of the charges. The employee may be represented by counsel.

     (c) The findings of the department are final, except that the employee may appeal to the appropriate court.

     (d) A probationary employee may be discharged without charges being made and is not entitled to a hearing.

     (e) A conservation officer may not be discharged because of political affiliation.

[Pre-1995 Recodification Citation: 14-3-4-7.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-15Uniforms and equipment

     Sec. 15. (a) The department shall provide the conservation officers of the division the uniforms and equipment necessary to the performance of their duties. All uniforms and equipment remain the property of the state.

     (b) The division director shall, with the approval of the director, charge against an employee of the division the value of property lost or destroyed through carelessness or neglect of the employee. The value of the equipment shall be deducted from the pay of the employee.

[Pre-1995 Recodification Citation: 14-3-4-8.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-16Powers and duties of conservation officers

     Sec. 16. (a) A conservation officer of the division:

(1) has all necessary police powers to enforce the natural resources laws; and

(2) may, without warrant, arrest a person for a violation of those laws when committed in the officer's presence.

     (b) A conservation officer shall do the following:

(1) Detect and prevent violations of natural resources laws.

(2) Enforce natural resources laws and rules.

(3) Perform other related duties that are imposed upon conservation officers by law.

     (c) A conservation officer has the same power with respect to natural resources matters and the enforcement of the laws relating to natural resources laws as have law enforcement officers in their respective jurisdictions. A warrant of arrest or search warrant issued by proper authority may be executed by a conservation officer in any county.

[Pre-1995 Recodification Citation: 14-3-4-9(a) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-17Police and arrest powers

     Sec. 17. A conservation officer:

(1) is a law enforcement officer under IC 9-13-2-92 and IC 35-31.5-2-185 and has the power to enforce Indiana laws and without warrant to arrest for the violation of any of those laws when committed in the officer's presence;

(2) is a police officer under IC 9-13-2-127;

(3) has the power of law enforcement officers to arrest under IC 35-33-1-1; and

(4) has the power to enforce Indiana laws and may exercise all powers granted by law to state police officers, sheriffs, and members of police departments.

[Pre-1995 Recodification Citation: 14-3-4-9(b).]

As added by P.L.1-1995, SEC.2. Amended by P.L.114-2012, SEC.35.

 

IC 14-9-8-18Carrying arms

     Sec. 18. (a) A uniformed conservation officer shall carry arms in the performance of the officer's duty.

     (b) A nonuniformed conservation officer may carry arms in the performance of the officer's duty.

[Pre-1995 Recodification Citation: 14-3-4-9(a) part.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-19Obstructing, hindering, or interfering with director, officer, or employee

     Sec. 19. A person who knowingly obstructs, hinders, or interferes with:

(1) the director;

(2) the division director;

(3) a conservation officer; or

(4) an employee or agent of the division of fish and wildlife;

in lawful discharge of the individual's duty in the enforcement of this chapter commits a Class C misdemeanor.

[Pre-1995 Recodification Citation: 14-3-4-9(c).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-20Cooperation with law enforcement officers; investigations

     Sec. 20. The division shall do the following:

(1) Cooperate with the law enforcement officers of the state in the detection of the violation of Indiana natural resources laws.

(2) Conduct investigations as necessary to secure the evidence that may be essential to the conviction of alleged violators of Indiana natural resources laws.

[Pre-1995 Recodification Citation: 14-3-4-10.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-21Conservation officers fish and wildlife fund

     Sec. 21. (a) As used in this section, "fund" refers to the conservation officers fish and wildlife fund established by this section.

     (b) The conservation officers fish and wildlife fund is established. The department shall administer the fund. The department may expend the money in the fund exclusively for special law enforcement investigations of fish and wildlife violations. The expenditures authorized under this subsection include the purchase and repair of decoys (as defined in IC 14-22-40-2).

     (c) The expenses of administering the fund shall be paid from money in the fund.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the amount of money in the fund at the end of a state fiscal year exceeds thirty-five thousand dollars ($35,000), the treasurer of state shall transfer the excess from the fund into the fish and wildlife fund.

[Pre-1995 Recodification Citation: 14-3-4-11.]

As added by P.L.1-1995, SEC.2. Amended by P.L.133-1996, SEC.6.

 

IC 14-9-8-21.5Conservation officers marine enforcement fund

     Sec. 21.5. (a) As used in this section, "fund" refers to the conservation officers marine enforcement fund established by this section.

     (b) The conservation officers marine enforcement fund is established. The department shall administer the fund. The department may expend the money in the fund exclusively for marine enforcement efforts associated with recreational boating on Indiana waters, including uses described in IC 14-9-9-5.

     (c) The fund consists of money from the lake and river enhancement fee paid by boat owners and deposited under IC 6-6-11-12(c)(2). Money deposited in the fund is annually appropriated and allotted to the department to carry out the purposes of this section. The expenses of administering the fund shall be paid from money in the fund.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, the department may transfer from the fund to the counties with special boat patrol needs fund (IC 14-9-9-5) an amount that does not exceed twenty percent (20%) of money deposited into the fund.

As added by P.L.233-2003, SEC.4.

 

IC 14-9-8-22Retirement of conservation officers

     Sec. 22. Whenever a conservation officer retires after at least twenty (20) years of service, the department shall, in recognition of the officer's service to the department, do the following:

(1) Permit the officer to retain the standard hand service weapon the department issued to the officer.

(2) Issue the officer a badge that indicates the officer is a retired conservation officer.

(3) Issue the officer an identification card that contains the following information:

(A) The name of the department.

(B) The name of the officer.

(C) The officer's rank in the department.

(D) That the officer is retired.

(E) That the officer is authorized to retain the service weapon issued to the officer by the department.

[Pre-1995 Recodification Citation: 14-3-4-12.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-23"Turn in a poacher" program

     Sec. 23. (a) The "turn in a poacher" program is established within the division for the purpose of encouraging citizen participation in deterring the unlawful taking or possession of game, fish, or nongame wildlife.

     (b) Under the program the department shall accomplish the purpose set out in subsection (a) by doing the following:

(1) Providing a toll free telephone service.

(2) Developing and conducting a publicity campaign for the program.

(3) Conducting investigations initiated through citizen participation in the enforcement of game, fish, and nongame wildlife laws.

(4) Approving and coordinating reward payments.

[Pre-1995 Recodification Citation: 14-3-4-13.]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-24Persons authorized to enforce fish and wildlife laws

     Sec. 24. The director may authorize a person who is not a conservation officer to enforce Indiana fish and wildlife laws as if the person were a conservation officer under the following conditions:

(1) The person must be a full-time law enforcement officer in Indiana or a full-time conservation law enforcement officer from another state, the United States, or Canada.

(2) The person's employer must agree, in writing, to continue the person's level of compensation, including all insurance, medical, retirement, and other benefits, and must agree that no additional compensation or benefits will be paid by the state.

(3) The authorization may not be for longer than ninety (90) days, but the authorization may be renewed.

(4) The authorization must relate to a specific problem or operation.

(5) The authorization must be in writing.

[Pre-1995 Recodification Citation: 14-3-4-14(a).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-25Conservation officers authorized to work with law enforcement agencies

     Sec. 25. The director may authorize a conservation officer to work temporarily with a law enforcement agency in Indiana, another state, or Canada under the following conditions:

(1) The authorization may not be for longer than thirty (30) days, but the authorization may be renewed.

(2) The authorization must relate to a specific problem or operation.

(3) The authorization must be in writing.

[Pre-1995 Recodification Citation: 14-3-4-14(b).]

As added by P.L.1-1995, SEC.2.

 

IC 14-9-8-26Repealed

As added by P.L.57-1995, SEC.5; P.L.104-1995, SEC.4. Repealed by P.L.2-1996, SEC.297.

 

IC 14-9-8-27Conservation reserve officer assisting in enforcement of watercraft laws

     Sec. 27. (a) A conservation reserve officer may be appointed to assist the division in the enforcement of watercraft laws and for no other purpose. A conservation reserve officer must be appointed in the same manner that a conservation officer is appointed.

     (b) A conservation reserve officer:

(1) may not be a conservation officer;

(2) has the police powers of a conservation officer to enforce watercraft laws, except as limited by the rules of the department;

(3) to the extent that money is appropriated for a purpose listed in this subdivision, may receive:

(A) a uniform allowance;

(B) compensation for time lost from other employment because of court appearances;

(C) insurance for life, accident, and sickness coverage;

(D) compensation for lake patrol duties that the division director assigns and approves for compensation; or

(E) any combination of benefits specified in clauses (A) through (D);

(4) is not eligible to participate in a pension program provided for conservation officers;

(5) may not be appointed until completion of the following:

(A) A minimum of forty (40) hours of general reserve officer training.

(B) A minimum of twelve (12) hours in addition to the training under subdivision (A) in the enforcement of watercraft laws.

(C) A probationary period specified by rule of the department;

(6) may not:

(A) make an arrest;

(B) conduct a search or seizure of a person or property; or

(C) carry a firearm;

unless the conservation reserve officer successfully completes a pre-basic course under IC 5-2-1-9(f); and

(7) may be covered by the medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).

If compensability of an injury covered under subdivision (7) is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 must be used to resolve the issue.

     (c) A conservation reserve officer carrying out lake patrol duties under this chapter is immune from liability under IC 34-30-12, notwithstanding the payment of compensation to the conservation reserve officer.

     (d) The department may adopt rules under IC 4-22-2 to implement this section and to limit the authority of conservation reserve officers.

As added by P.L.2-1996, SEC.252. Amended by P.L.1-1998, SEC.109.

 

IC 14-9-8-28Salaries

     Sec. 28. (a) The natural resources commission shall categorize salaries of enforcement officers within each rank based upon the rank held and the number of years of service in the department through the twentieth year. The salary ranges that the commission assigns to each rank shall be divided into a base salary and twenty (20) increments above the base salary with:

(1) the base salary in the rank paid to a person with less than one (1) year of service in the department; and

(2) the highest salary in the rank paid to a person with at least twenty (20) years of service in the department.

     (b) The salary matrix prescribed by this section shall be reviewed and approved by the state budget agency before implementation.

     (c) The salaries for law enforcement officers of the law enforcement division of the department must be equal to the salaries of police employees of the state police department under IC 10-11-2-13, based upon years of service in the department and rank held.

     (d) The requirement of subsection (c) does not affect:

(1) any rights or liabilities accrued; or

(2) any proceedings begun;

on or before June 30, 1999. Those rights, liabilities, and proceedings continue and shall be imposed and enforced under prior civil law and procedure as if the requirement of subsection (c) had not been enacted.

As added by P.L.2-1996, SEC.253. Amended by P.L.206-1999, SEC.1; P.L.2-2003, SEC.42; P.L.234-2007, SEC.307.

 

IC 14-9-9Chapter 9. Counties with Special Boat Patrol Needs

 

           14-9-9-1"Department" defined
           14-9-9-2"Fiscal body" defined
           14-9-9-3"Fund" defined
           14-9-9-4"Lake" defined
           14-9-9-5Establishment of fund; operation
           14-9-9-6Distribution of grants from fund; formula
           14-9-9-7Grant eligibility requirements
           14-9-9-8Restrictions on grant usage
           14-9-9-9Time of distributions
           14-9-9-10Adoption of rules

 

IC 14-9-9-1"Department" defined

     Sec. 1. As used in this chapter, "department" refers to the department of natural resources.

As added by P.L.137-1997, SEC.3.

 

IC 14-9-9-2"Fiscal body" defined

     Sec. 2. As used in this chapter, "fiscal body" has the meaning set forth in IC 36-1-2-6(1) or IC 36-1-2-6(2), whichever applies.

As added by P.L.137-1997, SEC.3.

 

IC 14-9-9-3"Fund" defined

     Sec. 3. As used in this chapter, "fund" refers to the counties with special boat patrol needs fund established by section 5 of this chapter.

As added by P.L.137-1997, SEC.3.

 

IC 14-9-9-4"Lake" defined

     Sec. 4. As used in this chapter, "lake" has the meaning set forth in IC 14-8-2-137(1).

As added by P.L.137-1997, SEC.3.

 

IC 14-9-9-5Establishment of fund; operation

     Sec. 5. (a) The counties with special boat patrol needs fund is established exclusively to provide grants to certain counties to provide law enforcement services on lakes or boundary waters located within the counties.

     (b) The department shall administer the fund. Money in the fund includes money transferred from the conservation officers marine enforcement fund (IC 14-9-8-21.5). Money in the fund is annually appropriated to the department and shall be used exclusively for the enforcement of laws pertaining to watercraft on lakes or boundary waters located in counties with special boat patrol needs as described in this chapter.

     (c) The expenses of administering the fund shall be paid from money in the fund.

     (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (e) Money in the fund at the end of a fiscal year does not revert to the state general fund.

As added by P.L.137-1997, SEC.3. Amended by P.L.233-2003, SEC.5; P.L.219-2014, SEC.17.

 

IC 14-9-9-6Distribution of grants from fund; formula

     Sec. 6. The department shall develop a formula for the distribution of grants from the fund. The formula must take into account at least the following factors:

(1) The number of lakes or boundary waters located within the county.

(2) The extent of boat usage for each lake or boundary waters in the county.

(3) The total number of acres of lake or boundary waters surface within the county.

(4) The extent to which law enforcement services on the lakes or boundary waters located within the county are provided by the county.

(5) Any other pertinent factor that affects the extent to which law enforcement services are provided on lakes or boundary waters located within the county.

As added by P.L.137-1997, SEC.3. Amended by P.L.219-2014, SEC.18.

 

IC 14-9-9-7Grant eligibility requirements

     Sec. 7. For a county to be eligible to receive a grant from the fund, each year in which a grant is sought the following must occur:

(1) The county sheriff must submit to the fiscal body an estimated budget request to provide special needs boat patrol on lakes or boundary waters located within the county. If the county sheriff does not request a grant from the fund, the fiscal body may complete an estimated budget.

(2) If the budget request is approved, the fiscal body must timely apply to the department, on forms provided by the department, for a grant under this chapter.

(3) The department must certify the information on the application and, based on the formula developed under section 6 of this chapter, determine:

(A) whether the county may receive a grant; and

(B) the amount of the grant the county may receive;

under this chapter.

As added by P.L.137-1997, SEC.3. Amended by P.L.217-2011, SEC.1; P.L.219-2014, SEC.19.

 

IC 14-9-9-8Restrictions on grant usage

     Sec. 8. (a) If a county is awarded a grant under this chapter, the county must establish a special account within the county's general fund. The grant must be deposited in the special account for the county sheriff's or fiscal body's exclusive use in providing law enforcement services on lakes or boundary waters located within the county.

     (b) The county sheriff or fiscal body may use grant money as authorized under this chapter without appropriation. However, itemized receipts for expenditures of money granted from the fund must be submitted for inspection and review upon request of the department. At the request of the department, the county auditor of the participating county shall conduct an audit of the account.

     (c) The receipt of a grant under this chapter may not be used as a basis for lowering the county's maximum permissible ad valorem property tax levy.

     (d) All individuals providing law enforcement services using a grant under this chapter, whether under the authority of the county sheriff or under a contract with the fiscal body, must meet the minimum training requirement set forth in IC 5-2-1-9.

As added by P.L.137-1997, SEC.3. Amended by P.L.217-2011, SEC.2; P.L.219-2014, SEC.20.

 

IC 14-9-9-9Time of distributions

     Sec. 9. The department shall make the grant distributions to the recipient counties in May and November.

As added by P.L.137-1997, SEC.3.

 

IC 14-9-9-10Adoption of rules

     Sec. 10. The department shall adopt rules under IC 4-22-2 to implement this chapter, including rules governing:

(1) the deadlines for applying for a grant under this chapter; and

(2) the types of expenses incurred by a county sheriff's department in providing the law enforcement services on lakes or boundary waters in the county for which grant money may be used.

As added by P.L.137-1997, SEC.3. Amended by P.L.219-2014, SEC.21.

 

IC 14-10ARTICLE 10. NATURAL RESOURCES COMMISSION

 

           Ch. 1.Establishment of Commission
           Ch. 2.Powers and Duties of Commission
           Ch. 3.Employment of Property Managers

 

IC 14-10-1Chapter 1. Establishment of Commission

 

           14-10-1-1Establishment and members of commission
           14-10-1-2Filling of vacancies of ex officio members
           14-10-1-3Citizen members
           14-10-1-4Per diem compensation and traveling expenses
           14-10-1-5Officers
           14-10-1-6Quorum
           14-10-1-7Meetings

 

IC 14-10-1-1Establishment and members of commission

     Sec. 1. The natural resources commission is established. The commission consists of twelve (12) members as follows:

(1) The commissioner of the Indiana department of transportation or the commissioner's designee.

(2) The commissioner of the department of environmental management or the commissioner's designated deputy.

(3) The director of the office of tourism development or the director's designee.

(4) The director of the department.

(5) The chairperson of the advisory council established by IC 14-9-6-1.

(6) The president of the Indiana academy of science or the president's designee.

(7) Six (6) citizen members appointed by the governor, at least two (2) of whom must have knowledge, experience, or education in the environment or in natural resource conservation. Not more than three (3) citizen members may be of the same political party.

[Pre-1995 Recodification Citation: 14-3-3-3(a), (c) part.]

As added by P.L.1-1995, SEC.3. Amended by P.L.229-2005, SEC.9; P.L.95-2006, SEC.7.

 

IC 14-10-1-2Filling of vacancies of ex officio members

     Sec. 2. The governor may fill a vacancy in the ex officio membership of the commission by temporary appointment. However, the term of a member appointed terminates upon the filling of the office.

[Pre-1995 Recodification Citation: 14-3-3-3(b).]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-1-3Citizen members

     Sec. 3. (a) The term of a citizen member of the commission is three (3) years.

     (b) The governor may remove a citizen member for cause.

     (c) The governor shall appoint a person to fill a vacancy in the citizen membership of the commission caused by death, resignation, removal, or other cause for the unexpired term.

[Pre-1995 Recodification Citation: 14-3-3-3(c) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-1-4Per diem compensation and traveling expenses

     Sec. 4. (a) The members of the commission who are not state employees are entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b) for each day that the members are engaged in the official business of the commission.

     (b) The members of the commission are entitled to reimbursement for travel, lodging, meals, and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

[Pre-1995 Recodification Citation: 14-3-3-3(d) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-1-5Officers

     Sec. 5. (a) One (1) time each year the commission shall elect officers from the membership of the commission. The officers must include the following:

(1) A chairman, who shall preside at meetings.

(2) A vice chairman, who shall preside at meetings in the absence of the chairman.

(3) A secretary, who shall cause the preparation and maintenance of records of the business of the commission.

     (b) Officers:

(1) serve for terms of one (1) year; and

(2) may be reelected by the membership of the commission.

[Pre-1995 Recodification Citation: 14-3-3-3(f).]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-1-6Quorum

     Sec. 6. A majority of the members of the commission constitutes a quorum for the transaction of business, the exercise of powers, or the performance of duties.

[Pre-1995 Recodification Citation: 14-3-3-3(d) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-1-7Meetings

     Sec. 7. (a) The commission shall have at least four (4) regular meetings in each fiscal year and as many additional or special meetings as the commission's business, powers, or duties require.

     (b) The chairman:

(1) may call a special meeting; and

(2) shall call a special meeting at the request of any five (5) members.

[Pre-1995 Recodification Citation: 14-3-3-3(d) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-2Chapter 2. Powers and Duties of Commission

 

           14-10-2-0.3Transfer of power to establish fees; treatment of rules
           14-10-2-1Powers of commission
           14-10-2-2Appointment of administrative law judges; division of hearings; appointment of special judge
           14-10-2-2.5Consolidated proceedings
           14-10-2-3Commission as ultimate authority of department
           14-10-2-4Adoption of rules
           14-10-2-5Emergency rules
           14-10-2-6Notices of violation
           14-10-2-7Treatment of certain rules

 

IC 14-10-2-0.3Transfer of power to establish fees; treatment of rules

     Sec. 0.3. On May 13, 2005, the powers of the department to establish fees are transferred to the commission. After May 13, 2005, the commission may exercise any power delegated to the department to establish fees, and a rule of the department that establishes a fee for any of the following shall be treated as a rule of the commission:

(1) Programs of the department or the commission.

(2) Facilities owned or operated by the department, the commission, or a lessee of the department or the commission.

(3) Licenses issued by the commission, the department, or the director of the department.

(4) Inspections or other similar services under this title performed by the department or an assistant or employee of the department.

As added by P.L.220-2011, SEC.291.

 

IC 14-10-2-1Powers of commission

     Sec. 1. The commission may do the following:

(1) Take the action that is necessary to enable the state to participate in the programs set forth in 16 U.S.C. 470 et seq.

(2) Promulgate and maintain a state register of districts, sites, buildings, structures, and objects significant in American or Indiana history, architecture, archeology, and culture and expend money for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the commission, that comply with the standards and regulations promulgated by the United States Secretary of the Interior for the preservation, acquisition, and development of the properties.

(3) Establish in accordance with criteria established by the United States Secretary of the Interior a program of matching grants-in-aid to public agencies for projects having as their purpose the preservation for public benefit of properties that are significant in American or Indiana history, architecture, archeology, and culture.

(4) Accept grants from public and private sources, including those provided under 16 U.S.C. 470 et seq.

(5) Establish fees for the following:

(A) Programs of the department or the commission.

(B) Facilities owned or operated by the department or the commission or a lessee of the department or commission.

(C) Licenses and permits issued by the commission, the department, or the director.

(D) Inspections or other similar services under this title performed by the department or an assistant or employee of the department.

(6) Adopt rules under IC 4-22-2 for the establishment of fees under subdivision (5).

(7) Increase a fee for a license or permit that is specified as a minimum fee in a statute.

[Pre-1995 Recodification Citation: 14-3-3-3.5.]

As added by P.L.1-1995, SEC.3. Amended by P.L.246-2005, SEC.115; P.L.195-2017, SEC.3.

 

IC 14-10-2-2Appointment of administrative law judges; division of hearings; appointment of special judge

     Sec. 2. (a) The commission shall appoint administrative law judges.

     (b) The commission shall create a division of hearings. The division of hearings shall assist the commission in performing the functions of this section. The director of the division of hearings may appoint a special administrative law judge.

     (c) A person who is not appointed by:

(1) the director of the division of hearings; or

(2) the commission;

may not act as an administrative law judge.

[Pre-1995 Recodification Citation: 14-3-3-3(e).]

As added by P.L.1-1995, SEC.3. Amended by P.L.99-2005, SEC.4; P.L.100-2012, SEC.41.

 

IC 14-10-2-2.5Consolidated proceedings

     Sec. 2.5. (a) A person who is the party in a hearing under this title or IC 4-21.5-7 may move to have the:

(1) environmental law judge appointed under IC 4-21.5-7; or

(2) administrative law judge appointed under section 2 of this chapter;

consolidate multiple proceedings that are subject to the jurisdiction of both the office of environmental adjudication and the division of hearings.

     (b) The environmental law judge or the administrative law judge shall grant the motion made under subsection (a) if the following findings are made:

(1) The proceedings include the following:

(A) Common questions of law or fact.

(B) At least one (1) person, other than the department or the department of environmental management, who is a party to all the proceedings.

(C) Issues of water quality, water quantity, or both.

(2) Consolidation may support administrative efficiency.

     (c) If a motion to consolidate proceedings has been granted under subsection (b), the hearing must be conducted by a panel that consists of at least one (1) environmental law judge and one (1) administrative law judge. The panel is the ultimate authority for matters authorized under IC 4-21.5-7-5 and this title. Any party, including the department and the department of environmental management, may petition an appropriate court for judicial review of a final determination of the panel.

     (d) The office of environmental adjudication and the division of hearings shall adopt joint rules to implement this section.

As added by P.L.84-2008, SEC.3.

 

IC 14-10-2-3Commission as ultimate authority of department

     Sec. 3. Except as provided in section 2.5 of this chapter and IC 14-34-2-2, the commission is the ultimate authority of the department under IC 4-21.5.

[Pre-1995 Recodification Citation: 14-3-3-21(a).]

As added by P.L.1-1995, SEC.3. Amended by P.L.84-2008, SEC.4.

 

IC 14-10-2-4Adoption of rules

     Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to carry out the commission's duties under this title.

     (b) The commission may adopt rules to exempt an activity from licensing under this title, except:

(1) IC 14-34;

(2) IC 14-36-1; and

(3) IC 14-38-2;

if the activity poses not more than a minimal potential for harm.

     (c) Except as provided in subsection (d), whenever the department or the director has the authority to adopt rules under IC 4-22-2, the commission shall exclusively exercise the authority.

     (d) Emergency rules adopted under section 5 of this chapter shall be adopted by the director.

[Pre-1995 Recodification Citation: 14-3-3-21(b), (c).]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-2-5Emergency rules

     Sec. 5. (a) The department may adopt emergency rules under IC 4-22-2-37.1 to carry out the duties of the department under the following:

(1) IC 14-9.

(2) This article.

(3) IC 14-11.

(4) IC 14-12-2.

(5) IC 14-14.

(6) IC 14-15.

(7) IC 14-17-3.

(8) IC 14-18, except IC 14-18-6 and IC 14-18-8.

(9) IC 14-19-1 and IC 14-19-8.

(10) IC 14-21.

(11) IC 14-22-3, IC 14-22-4, and IC 14-22-5.

(12) IC 14-23-1.

(13) IC 14-25, except IC 14-25-8-3 and IC 14-25-13.

(14) IC 14-26.

(15) IC 14-27.

(16) IC 14-28.

(17) IC 14-29.

(18) IC 14-35-1, IC 14-35-2, and IC 14-35-3.

(19) IC 14-37.

(20) IC 14-38, except IC 14-38-3.

     (b) A rule adopted under subsection (a) expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register.

[Pre-1995 Recodification Citation: 14-3-3-26.]

As added by P.L.1-1995, SEC.3. Amended by P.L.186-2003, SEC.34; P.L.123-2006, SEC.32; P.L.140-2011, SEC.2; P.L.167-2011, SEC.13; P.L.133-2012, SEC.172; P.L.195-2017, SEC.4.

 

IC 14-10-2-6Notices of violation

     Sec. 6. (a) The commission may issue a notice of violation to a person who violates a law administered by the department for which a misdemeanor or an infraction penalty is established. If the person:

(1) receives the notice; and

(2) fails to abate the violation within a period of not less than fifteen (15) days specified in the notice;

the commission may impose a charge that does not exceed the maximum amount that may be assessed by a court for committing the violation.

     (b) IC 4-21.5 applies to proceedings by the commission under this section. The department has the burden of proving the alleged violation by a preponderance of the evidence.

     (c) A separate notice of violation may be issued or a separate charge imposed for each day a violation occurs.

     (d) The person may establish as an affirmative defense the filing by a prosecuting attorney of a misdemeanor information or infraction complaint based on the same event as that upon which the notice of violation was based. The person has the burden of proving the affirmative defense.

     (e) The remedy provided by this section is supplemental to other remedies.

[Pre-1995 Recodification Citation: 14-3-3-22.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-2-7Treatment of certain rules

     Sec. 7. Any rule:

(1) adopted by the director of the department of natural resources under IC 14-2 (before its repeal); and

(2) in effect on June 30, 1990;

shall be treated after June 30, 1990, as a rule adopted by the natural resources commission.

As added by P.L.220-2011, SEC.292.

 

IC 14-10-3Chapter 3. Employment of Property Managers

 

           14-10-3-1Applicability of chapter
           14-10-3-2Procedures to be followed
           14-10-3-3Establishment of minimum requirements
           14-10-3-4Posting of open positions
           14-10-3-5Director to review applications and make recommendations
           14-10-3-6Repealed
           14-10-3-7Repealed
           14-10-3-8Repealed
           14-10-3-9Repealed
           14-10-3-10Employees not required to declare political, religious, or fraternal affiliations

 

IC 14-10-3-1Applicability of chapter

     Sec. 1. This chapter applies to the property managers of each of the following divisions of the department:

(1) State parks.

(2) Forestry.

(3) Fish and wildlife.

(4) Reservoir management.

[Pre-1995 Recodification Citation: 14-3-3.5-1(a).]

As added by P.L.1-1995, SEC.3. Amended by P.L.167-2011, SEC.14.

 

IC 14-10-3-2Procedures to be followed

     Sec. 2. The procedures prescribed by this chapter shall be followed to enlist, train, hire, or terminate employment of individuals subject to this chapter.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-3-3Establishment of minimum requirements

     Sec. 3. The commission shall establish minimum aptitude, educational, and experience requirements for each position of management and supervision.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-3-4Posting of open positions

     Sec. 4. (a) The director of a division subject to this chapter shall inform the state personnel department and the general public of Indiana of the following:

(1) That a position is or will be vacant within the division.

(2) That applications for employment will be accepted for at least thirty (30) days.

     (b) However, the director of the department, acting through the deputy director of the bureau that supervises the division, may fill a property management position by promoting or transferring within the department a qualified individual previously employed under this chapter.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-3-5Director to review applications and make recommendations

     Sec. 5. The director of the division with whom the application for employment is made shall:

(1) review all applications; and

(2) recommend to the commission at least one (1) individual for employment.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3.

 

IC 14-10-3-6Repealed

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3. Repealed by P.L.100-2012, SEC.42.

 

IC 14-10-3-7Repealed

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3. Repealed by P.L.100-2012, SEC.43.

 

IC 14-10-3-8Repealed

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3. Repealed by P.L.100-2012, SEC.44.

 

IC 14-10-3-9Repealed

[Pre-1995 Recodification Citation: 14-3-3.5-1(b) part.]

As added by P.L.1-1995, SEC.3. Repealed by P.L.100-2012, SEC.45.

 

IC 14-10-3-10Employees not required to declare political, religious, or fraternal affiliations

     Sec. 10. An individual employed under this chapter may not be required to declare the individual's political, religious, or fraternal affiliations.

[Pre-1995 Recodification Citation: 14-3-3.5-2.]

As added by P.L.1-1995, SEC.3. Amended by P.L.100-2012, SEC.46.

 

IC 14-11ARTICLE 11. POWERS AND DUTIES OF DEPARTMENT

 

           Ch. 1.General Powers and Duties
           Ch. 2.Rules
           Ch. 3.Licenses and Hearings
           Ch. 4.Procedures Governing Certain Licenses
           Ch. 5.Enforcement

 

IC 14-11-1Chapter 1. General Powers and Duties

 

           14-11-1-1General powers of department
           14-11-1-2Cooperation with public or private entities or individuals
           14-11-1-3Powers regarding oaths and subpoenas
           14-11-1-4Preparation and dissemination of literature and information
           14-11-1-5Delegation of management and operation of property
           14-11-1-6Enforcement powers
           14-11-1-7Payment by credit card
           14-11-1-8Limitation; sale or lease of water rights; Charlestown water wells

 

IC 14-11-1-1General powers of department

     Sec. 1. The department may do the following:

(1) Investigate, compile, and disseminate information and make recommendations concerning the natural resources of Indiana and their conservation, including the following:

(A) The drainage and reclamation of land.

(B) Flood prevention.

(C) Development of water power.

(D) Culture and preservation of forests, fish, and game.

(E) The preservation of soils.

(F) The prevention of the waste of mineral resources.

(G) The prevention and methods of control of plant diseases, infections, and pests.

(H) The prevention and methods of control of bee diseases, the increased production of honey, and the use of bee appliances.

(I) Other questions or subjects that are contained in this title.

(2) Cooperate with the appropriate departments of the federal government in conducting topographical and other surveys, experiments, or work of joint interest to the state and the federal government.

[Pre-1995 Recodification Citation: 14-3-1-3.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-1-2Cooperation with public or private entities or individuals

     Sec. 2. The department may cooperate with:

(1) a public or private institution; or

(2) individuals, societies, or associations of individuals;

in making scientific investigations, compiling reports, or otherwise in the manner and to the extent that the commission considers necessary or advantageous in carrying out the purposes of this title.

[Pre-1995 Recodification Citation: 14-3-1-4.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-1-3Powers regarding oaths and subpoenas

     Sec. 3. (a) A member of the commission, a division director, or a hearing officer appointed by the commission may do the following:

(1) Administer oaths and certify to official acts.

(2) Require information from any person for purposes of this title.

(3) Issue subpoenas.

(4) Require the attendance of witnesses.

(5) Examine witnesses under oath.

     (b) If a person fails to comply with an order issued under this chapter or under IC 14-3-1 (before its repeal), the circuit court, superior court, or probate court having jurisdiction over the person shall, on request, require compliance with the order.

[Pre-1995 Recodification Citation: 14-3-1-5.]

As added by P.L.1-1995, SEC.4. Amended by P.L.84-2016, SEC.69.

 

IC 14-11-1-4Preparation and dissemination of literature and information

     Sec. 4. (a) The commission may have prepared the technical and nontechnical literature and information relating to matters within the field of work of the department or a division of the department that the commission considers suitable and worthy of publication. The commission shall disseminate the literature and information through the public press and otherwise. The commission may, with the approval of the governor, publish the literature and information in bulletin form.

     (b) The literature and information shall be paid for out of money appropriated for the expenses of the department.

[Pre-1995 Recodification Citation: 14-3-1-7.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-1-5Delegation of management and operation of property

     Sec. 5. The department may, by contract, delegate the management and operation of any of the property held and managed by the department to an organization under the terms the department considers advisable.

[Pre-1995 Recodification Citation: 14-6-16-5.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-1-6Enforcement powers

     Sec. 6. The department shall recommend and secure the enforcement of laws for the conservation and development of the natural resources of Indiana.

[Pre-1995 Recodification Citation: 14-3-1-11(a).]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-1-7Payment by credit card

     Sec. 7. (a) As used in this section, "credit card" includes a bank card, debit card, charge card, prepaid card, or other similar method of payment.

     (b) In addition to other methods of payment allowed by law, the department may accept payment by credit card for licenses, fees, or other amounts due the department.

     (c) The department may enter into appropriate agreements with banks or other organizations authorized to do business in Indiana to enable the department to accept payment by credit card.

     (d) The department may recognize net amounts remitted by the bank or other organization as deposit in full of amounts due the department.

     (e) The department may pay any applicable credit card service charge or fee.

As added by P.L.95-1998, SEC.2.

 

IC 14-11-1-8Limitation; sale or lease of water rights; Charlestown water wells

     Sec. 8. The department of natural resources may not sell, lease, exchange, or transfer property or an interest in a property to another person for the purpose of allowing the selling of water out of Indiana from Charlestown Water Wells located on park property without the prior approval of River Ridge Development Authority.

As added by P.L.234-2007, SEC.293.

 

IC 14-11-2Chapter 2. Rules

 

           14-11-2-1Adoption of rules
           14-11-2-2Violation of rules
           14-11-2-3Repealed

 

IC 14-11-2-1Adoption of rules

     Sec. 1. (a) The department may adopt rules under IC 4-22-2 for the conduct of the following:

(1) Department meetings.

(2) Upon the recommendation of the director, the work of the department and the divisions.

     (b) The department may not adopt rules under IC 4-22-2 for the establishment of fees for the following:

(1) Programs of the department or the commission.

(2) Facilities owned or operated by the department or the commission or a lessee of the department or commission.

(3) Licenses issued by the commission, the department, or the director.

(4) Inspections or other similar services under this title performed by the department or an assistant or employee of the department.

[Pre-1995 Recodification Citation: 14-3-2-3 part.]

As added by P.L.1-1995, SEC.4. Amended by P.L.246-2005, SEC.116.

 

IC 14-11-2-2Violation of rules

     Sec. 2. A person who violates a rule adopted under this chapter commits a Class C infraction.

[Pre-1995 Recodification Citation: 14-3-2-3 part.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-2-3Repealed

[Pre-1995 Recodification Citation: 14-3-2-3 part.]

As added by P.L.1-1995, SEC.4. Repealed by P.L.246-2005, SEC.229.

 

IC 14-11-3Chapter 3. Licenses and Hearings

 

           14-11-3-0.3"Bureau" defined
           14-11-3-0.5"Delinquent" defined
           14-11-3-1Licenses
           14-11-3-2Hearings
           14-11-3-4Notice of probationary status for failure to pay child support; suspension; reinstatement

 

IC 14-11-3-0.3"Bureau" defined

     Sec. 0.3. As used in this chapter, "bureau" refers to the child support bureau (Title IV-D agency) established under IC 31-25-3.

As added by P.L.257-1997(ss), SEC.26. Amended by P.L.145-2006, SEC.130.

 

IC 14-11-3-0.5"Delinquent" defined

     Sec. 0.5. As used in this chapter, "delinquent" means at least:

(1) two thousand dollars ($2,000); or

(2) three (3) months;

past due on payment of court ordered child support.

As added by P.L.257-1997(ss), SEC.27.

 

IC 14-11-3-1Licenses

     Sec. 1. (a) As used in this section, "license" means a license, a franchise, a permit, a certification, an approval, a registration, a charter, or a similar form of authorization that may be issued to a person by:

(1) the department;

(2) the commission; or

(3) the director;

under Indiana law. The term does not include a license issued by the historic preservation review board established by IC 14-21-1-20.

     (b) Notwithstanding any other law, the director shall issue all licenses.

     (c) A designee of the director may issue licenses. A designee of the director must be a full-time employee of the department.

[Pre-1995 Recodification Citation: 14-3-3-24.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-3-2Hearings

     Sec. 2. Except as provided in IC 14-34-2-2, the commission shall hold all hearings under IC 4-21.5 and IC 4-22-2.

[Pre-1995 Recodification Citation: 14-3-3-25.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-3-4Notice of probationary status for failure to pay child support; suspension; reinstatement

     Sec. 4. (a) Upon receiving an order from the bureau under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on probationary status any license issued under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and held by the person who is the subject of the order. The director shall send the person a notice that does the following:

(1) States that the person's license has been placed on probationary status.

(2) States that the person's license will be suspended if the director has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice.

(3) Describes the amount of child support that the person is in arrears.

(4) Explains the procedures to:

(A) pay the person's child support arrearage in full; and

(B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

     (b) If the director has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (a), the director shall suspend the license issued to the person under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.

     (c) The director may not reinstate a license placed on probationary status or suspended under this section until the director receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the person has addressed the delinquency.

As added by P.L.257-1997(ss), SEC.28. Amended by P.L.145-2006, SEC.131; P.L.103-2007, SEC.6; P.L.123-2014, SEC.1; P.L.150-2018, SEC.7.

 

IC 14-11-4Chapter 4. Procedures Governing Certain Licenses

 

           14-11-4-1Applicability of chapter
           14-11-4-2"Owner" defined
           14-11-4-3"License" defined
           14-11-4-4Issuance of license 30 days after notice of application given
           14-11-4-5Notice of application for license
           14-11-4-6Requests for notice
           14-11-4-7Manner and contents of notice
           14-11-4-8Public hearings
           14-11-4-9Adoption of rules

 

IC 14-11-4-1Applicability of chapter

     Sec. 1. This chapter applies to applications for licenses under the following:

(1) IC 14-26-2 (lake preservation).

(2) IC 14-26-5 (dams).

(3) IC 14-28-1 (flood control).

(4) IC 14-29-3 (removal of substances from streams).

(5) IC 14-29-4 (construction of channels).

[Pre-1995 Recodification Citation: 14-3-18-1.]

As added by P.L.1-1995, SEC.4. Amended by P.L.89-2016, SEC.4.

 

IC 14-11-4-2"Owner" defined

     Sec. 2. As used in this chapter, "owner" means the person:

(1) listed on the tax assessment rolls as being responsible for the payment of real property taxes imposed on the property; and

(2) in whose name title to real property is shown in the records of the recorder of the county in which the real property is located.

[Pre-1995 Recodification Citation: 14-3-18-5.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-3"License" defined

     Sec. 3. As used in this chapter, "license" means a permit, a license, a concession, or other authorization that may be issued to a person by:

(1) the director;

(2) the department; or

(3) the commission;

under Indiana law.

[Pre-1995 Recodification Citation: 14-3-18-6.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-4Issuance of license 30 days after notice of application given

     Sec. 4. The director or the department may not issue a license until thirty (30) days after the notice required by this chapter has been given. Notice may be given at any time after an application for a license is filed with the department. The department may require by rule that notice under section 5 of this chapter be provided by the license applicant.

[Pre-1995 Recodification Citation: 14-3-18-7.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-5Notice of application for license

     Sec. 5. (a) If a license application affects real property, notice of the application is required as follows:

(1) The applicant must notify at least one (1) of the owners of each parcel of real property reasonably known to be adjacent to the affected real property.

(2) The department shall notify the persons who have requested notification of a license application that:

(A) affects the specific real property to which the application relates; or

(B) is of the same type as the application.

     (b) The commission may adopt rules under IC 4-22-2 to require the following:

(1) That additional persons be notified of an application for a license.

(2) That additional forms of notice be given.

[Pre-1995 Recodification Citation: 14-3-18-8.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-6Requests for notice

     Sec. 6. If notice is not required by section 5 of this chapter, the department shall notify the persons who have requested notice of a license application that is of the same type as the application.

[Pre-1995 Recodification Citation: 14-3-18-9.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-7Manner and contents of notice

     Sec. 7. Notice under this chapter shall be given in the same manner as under IC 4-21.5-3-1, but is not the notice required under IC 4-21.5. Notice must include the following:

(1) Reference to the license application.

(2) An explanation of options available to the person served.

[Pre-1995 Recodification Citation: 14-3-18-10.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-8Public hearings

     Sec. 8. (a) A public hearing shall be held on the question of the issuance of an original or a renewal license upon any of the following:

(1) The request of the applicant.

(2) The filing of a petition requesting a public hearing that is signed by twenty-five (25) individuals who are at least eighteen (18) years of age and who:

(A) reside in the county where the licensed activity would take place; or

(B) own real property within one (1) mile of the site of the proposed or existing licensed activity.

(3) The motion of the director.

     (b) The public hearing authorized by this section does not constitute an agency action under IC 4-21.5.

     (c) If a petition under subsection (a)(2) requests that the public hearing be conducted at a location within a county affected by a proposed license, the department shall conduct the public hearing at that location.

[Pre-1995 Recodification Citation: 14-3-18-11.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-4-9Adoption of rules

     Sec. 9. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

[Pre-1995 Recodification Citation: 14-3-18-12.]

As added by P.L.1-1995, SEC.4.

 

IC 14-11-5Chapter 5. Enforcement

 

           14-11-5-1Enforcement

 

IC 14-11-5-1Enforcement

     Sec. 1. The attorney general and prosecuting attorneys shall rigidly enforce this title.

[Pre-1995 Recodification Citation: 14-3-1-23.]

As added by P.L.1-1995, SEC.4.

 

IC 14-12ARTICLE 12. STATE RESOURCE DEVELOPMENT

 

           Ch. 1.Indiana Natural Resources Foundation
           Ch. 2.President Benjamin Harrison Conservation Trust Program
           Ch. 3.Hometown Indiana Grant Program

 

IC 14-12-1Chapter 1. Indiana Natural Resources Foundation

 

           14-12-1-1"Fund" defined
           14-12-1-2"Political subdivision" defined
           14-12-1-3Repealed
           14-12-1-4Creation of foundation
           14-12-1-5Members
           14-12-1-6Term of members
           14-12-1-7Chairman
           14-12-1-8Director as advisor to foundation
           14-12-1-9Purpose of foundation
           14-12-1-10Powers of foundation
           14-12-1-10.1Repealed
           14-12-1-11Establishment of fund
           14-12-1-11.1Establishment and administration of forest restoration fund
           14-12-1-12Property tax exemption
           14-12-1-13Coordination of expenditures

 

IC 14-12-1-1"Fund" defined

     Sec. 1. As used in this chapter, "fund" refers to the Indiana natural resources fund established by this chapter.

[Pre-1995 Recodification Citation: 14-3-17-4.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-2"Political subdivision" defined

     Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.

[Pre-1995 Recodification Citation: 14-3-17-6.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-3Repealed

[Pre-1995 Recodification Citation: 14-3-17-6.5.]

As added by P.L.1-1995, SEC.5. Repealed by P.L.82-2005, SEC.8.

 

IC 14-12-1-4Creation of foundation

     Sec. 4. The Indiana natural resources foundation is created as a public body corporate and politic.

[Pre-1995 Recodification Citation: 14-3-17-7.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-5Members

     Sec. 5. (a) The foundation consists of twelve (12) members, not more than six (6) of whom may be of the same political affiliation, appointed by the governor.

     (b) At least one (1) member shall be appointed from each congressional district.

     (c) A member of the foundation may not be an officer or employee of:

(1) the United States, the state, or a political subdivision; or

(2) an agency of the United States, the state, or a political subdivision.

[Pre-1995 Recodification Citations: 14-3-17-9(a); 14-3-17-10.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-6Term of members

     Sec. 6. (a) The term of each member is four (4) years. A member appointed to fill the unexpired term of a member serves until the end of the unexpired term.

     (b) At the expiration of a member's term, the member may be reappointed.

     (c) The term of each member begins July 1 and continues for four (4) years. Three (3) terms begin each year.

[Pre-1995 Recodification Citation: 14-3-17-9(b), (c), (d).]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-7Chairman

     Sec. 7. At the foundation's first meeting after June 30 of each year, the members shall select one (1) of the members to serve as chairman until the chairman's successor is selected.

[Pre-1995 Recodification Citation: 14-3-17-9(e).]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-8Director as advisor to foundation

     Sec. 8. (a) The director of the department, or the director's designee, is an advisor to the foundation.

     (b) An advisor to the foundation may do the following:

(1) Attend all meetings of the foundation.

(2) Participate in all proceedings at foundation meetings other than voting.

[Pre-1995 Recodification Citation: 14-3-17-11.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-9Purpose of foundation

     Sec. 9. (a) The exclusive purpose of the foundation is to acquire real and personal property to be donated under subsection (b).

     (b) The foundation may donate real and personal property to the following:

(1) The department, subject to subsection (c).

(2) Any unit of local government.

     (c) The foundation must have the approval of the director to donate real or personal property to the state.

[Pre-1995 Recodification Citations: 14-3-17-8; 14-3-17-15.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-10Powers of foundation

     Sec. 10. The foundation may do the following:

(1) Adopt bylaws for the regulation of the foundation's affairs and the conduct of the foundation's business.

(2) Adopt an official seal, which may not be the seal of the state.

(3) Maintain a principal office and other offices the foundation designates.

(4) Sue and be sued in the name and style of "Indiana Natural Resources Foundation", with service of process being made to the chairman of the foundation by leaving a copy at the principal office of the foundation or at the residence of the chairman if the foundation has no principal office.

(5) To exercise the powers or perform the duties of the foundation, do the following:

(A) Acquire by any means except eminent domain a right or an interest in or upon real or personal property of any kind or nature. The foundation shall hold the legal title to property acquired in the name of the foundation.

(B) Dispose of a right or an interest in real property.

(6) Make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of the duties and the execution of the powers of the foundation under this chapter.

(7) Employ an executive director and other employees that are necessary in the foundation's judgment and fix their compensation.

(8) Conduct studies of the feasibility of certain natural resource projects and facilities.

(9) Receive and accept from any person grants for or in aid of the acquisition, construction, improvement, or development of any part of the projects of the foundation and receive and accept aid or contributions from any source of money, property, labor, or other things of value, to be held, used, applied, or disposed of only for the purposes consistent with the purposes of this chapter for which the grants and contributions may be made.

(10) Hold, use, administer, and expend money that may be acquired by the foundation.

(11) Do all acts and things necessary or proper to carry out the powers expressly granted in this chapter.

[Pre-1995 Recodification Citation: 14-3-17-12.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-10.1Repealed

As added by P.L.5-1996, SEC.12. Repealed by P.L.177-2011, SEC.5.

 

IC 14-12-1-11Establishment of fund

     Sec. 11. (a) The Indiana natural resources fund is established. Expenditures from the fund may be made only to carry out the purposes of this chapter. The foundation shall do the following:

(1) Hold the fund in the name of the foundation.

(2) Administer the fund.

(3) Make all expenditures from the fund.

     (b) Gifts of money to the fund or the foundation or the proceeds from the sale of gifts donated to the fund or the foundation shall be deposited in the fund.

     (c) The expenses of administering this chapter shall be paid from money in the fund.

     (d) The money in the fund at the end of a state fiscal year remains in the fund and does not revert to any other fund. If the foundation is terminated, the money in the fund reverts to the department.

     (e) The fund is subject to audit as if the foundation were a state agency.

[Pre-1995 Recodification Citation: 14-3-17-13.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-11.1Establishment and administration of forest restoration fund

     Sec. 11.1. (a) The forest restoration fund is established. Expenditures from the fund may be made only to carry out the purpose of restoration, conservation, and improvement of lands:

(1) classified as native forest land, forest plantations, or wildlands under IC 6-1.1-6; and

(2) approved by the state forester.

     (b) The foundation shall do the following:

(1) Hold the fund in the name of the foundation.

(2) Administer the fund.

(3) Make all expenditures from the fund.

     (c) Gifts of money to the fund or the proceeds from the sale of gifts donated to the fund or the foundation shall be deposited in the fund.

     (d) The expenses of administering this chapter shall be paid from money in the fund.

     (e) The money in the fund at the end of a state fiscal year remains in the fund and does not revert to any other fund. If the foundation is terminated, the money in the fund reverts to the department.

     (f) The fund is subject to audit as if the foundation were a state agency.

As added by P.L.66-2006, SEC.26.

 

IC 14-12-1-12Property tax exemption

     Sec. 12. The foundation is exempt from taxes on real or personal property the foundation acquires or disposes of or as a consequence of the foundation's transactions.

[Pre-1995 Recodification Citation: 14-3-17-14.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-1-13Coordination of expenditures

     Sec. 13. Expenditures from the fund shall be coordinated with expenditures under the President Benjamin Harrison conservation trust program established by IC 14-12-2.

[Pre-1995 Recodification Citation: 14-3-17-16.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.4.

 

IC 14-12-2Chapter 2. President Benjamin Harrison Conservation Trust Program

 

           14-12-2-1Purpose of program
           14-12-2-2"Fund"
           14-12-2-3"Person"
           14-12-2-4"Project"
           14-12-2-5"Project committee"
           14-12-2-6"Property"
           14-12-2-7Repealed
           14-12-2-8Repealed
           14-12-2-9Repealed
           14-12-2-10Repealed
           14-12-2-11Repealed
           14-12-2-12Repealed
           14-12-2-13Repealed
           14-12-2-14Project committee; establishment and members
           14-12-2-15Project committee; terms of members
           14-12-2-16Project committee officers
           14-12-2-17Project committee; meetings
           14-12-2-18Project committee attendance
           14-12-2-19Project committee; purpose
           14-12-2-20Per diem compensation and traveling expenses
           14-12-2-21Procedure for acquisition of property
           14-12-2-22Management of property
           14-12-2-23Eminent domain precluded
           14-12-2-24Strategic plan
           14-12-2-25Fund; establishment
           14-12-2-26Fund; accounts
           14-12-2-27Fund allocations to stewardship account
           14-12-2-28Fund; other allotments
           14-12-2-29Fund; balance in accounts not reverting to fund
           14-12-2-30Fund; use of money in accounts
           14-12-2-31Repealed
           14-12-2-31.5Use of discretionary account to acquire property
           14-12-2-32Fund; coordination of expenditures
           14-12-2-33Annual report
           14-12-2-34Adoption of rules
           14-12-2-35Repealed

 

IC 14-12-2-1Purpose of program

     Sec. 1. (a) The purpose of the President Benjamin Harrison conservation trust program and this chapter is to ensure that Indiana's rich natural heritage is preserved or enhanced for succeeding generations by acquiring real property or an interest in real property that:

(1) is an example of outstanding natural features and habitats;

(2) has historical and archeological significance; or

(3) provides areas for conservation, recreation, and the restoration of native biological diversity.

     (b) The President Benjamin Harrison conservation trust program, on behalf of the state or in collaboration with partners and local communities across Indiana, shall acquire real property for new and existing state and local parks, archeological and historic sites, state forests, state and local nature preserves, state fish and wildlife areas, wetlands, local conservation areas, trails, and river corridors.

[Pre-1995 Recodification Citation: 14-3-20-1.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.5.

 

IC 14-12-2-2"Fund"

     Sec. 2. As used in this chapter, "fund" refers to the President Benjamin Harrison conservation trust fund established by section 25 of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-5.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.6.

 

IC 14-12-2-3"Person"

     Sec. 3. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, an estate, a trust, or a governmental entity.

[Pre-1995 Recodification Citation: 14-3-20-7.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-4"Project"

     Sec. 4. As used in this chapter, "project" means an undertaking that:

(1) furthers the purposes of this chapter;

(2) involves the acquisition of property for new and existing state and local parks, state historic or archeological sites, state forests, state and local nature preserves, fish and wildlife areas, wetlands, local conservation areas, trails, or river corridors; and

(3) is eligible to receive an expenditure from the fund.

[Pre-1995 Recodification Citation: 14-3-20-8.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.7.

 

IC 14-12-2-5"Project committee"

     Sec. 5. As used in this chapter, "project committee" refers to the President Benjamin Harrison conservation trust project committee established by this chapter.

[Pre-1995 Recodification Citation: 14-3-20-9.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.8.

 

IC 14-12-2-6"Property"

     Sec. 6. As used in this chapter, "property" means an interest in real property. The term includes the following:

(1) Ownership in fee simple.

(2) Conservation easements.

(3) Leaseholds.

(4) Management rights.

[Pre-1995 Recodification Citation: 14-3-20-10.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-7Repealed

[Pre-1995 Recodification Citation: 14-3-20-11.]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.9.

 

IC 14-12-2-8Repealed

[Pre-1995 Recodification Citations: 14-3-20-12(a); 14-3-20-13.]

As added by P.L.1-1995, SEC.5. Amended by P.L.181-1995, SEC.1. Repealed by P.L.172-2016, SEC.10.

 

IC 14-12-2-9Repealed

[Pre-1995 Recodification Citation: 14-3-20-14.]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.11.

 

IC 14-12-2-10Repealed

[Pre-1995 Recodification Citation: 14-3-20-15(a).]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.12.

 

IC 14-12-2-11Repealed

[Pre-1995 Recodification Citation: 14-3-20-15(b), (c).]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.13.

 

IC 14-12-2-12Repealed

[Pre-1995 Recodification Citation: 14-3-20-12(b).]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.14.

 

IC 14-12-2-13Repealed

[Pre-1995 Recodification Citation: 14-3-20-12(c).]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.15.

 

IC 14-12-2-14Project committee; establishment and members

     Sec. 14. (a) The President Benjamin Harrison conservation trust project committee is established.

     (b) The project committee consists of the following twenty-one (21) members:

(1) The director of the division of fish and wildlife.

(2) The director of the division of forestry.

(3) The director of the division of nature preserves.

(4) The director of the division of state parks.

(5) The director of the division of outdoor recreation.

(6) The chief executive officer of the Indiana state museum and historic sites corporation established by IC 4-37-2-1.

(7) The chairperson of the board of directors of the natural resources foundation.

(8) Ten (10) individuals appointed by the governor. The governor shall appoint individuals so that all the following are satisfied:

(A) The individuals must be residents of Indiana.

(B) The individuals must have a demonstrated interest or experience in:

(i) conservation of natural resources; or

(ii) management of public property.

(C) There must be two (2) committee members from each of the following regions of Indiana:

(i) Northwest.

(ii) Northeast.

(iii) Southwest.

(iv) Southeast.

(v) Central.

(9) The following four (4) nonvoting members:

(A) One (1) member of the house of representatives appointed by the speaker of the house of representatives.

(B) One (1) member of the house of representatives appointed by the minority leader of the house of representatives.

(C) One (1) member of the senate appointed by the president pro tempore of the senate.

(D) One (1) member of the senate appointed by the minority leader of the senate.

     (c) The individuals appointed by the governor under subsection (b)(8) must represent one (1) or more of the following:

(1) The environmentalist community.

(2) The land trust community.

(3) Organized hunting and fishing groups.

(4) The forest products community.

(5) The parks and recreation community.

Each group and community listed in subdivisions (1) through (5) must be represented on the project committee.

[Pre-1995 Recodification Citations: 14-3-20-16(a); 14-3-20-17(a); 14-3-20-17(b).]

As added by P.L.1-1995, SEC.5. Amended by P.L.170-2002, SEC.92; P.L.167-2011, SEC.15; P.L.172-2016, SEC.16.

 

IC 14-12-2-15Project committee; terms of members

     Sec. 15. (a) As used in this section, "appointing authority" refers to:

(1) the governor in the case of a member appointed under section 14(b)(8) of this chapter; or

(2) the speaker of the house of representatives, the minority leader of the house of representatives, the president pro tempore of the senate, or the minority leader of the senate in the case of a member appointed under section 14(b)(9) of this chapter, whichever is applicable.

     (b) As used in this section, "member" refers to a member of the project committee appointed under section 14(b)(8) through 14(b)(9) of this chapter.

     (c) Except as provided in subsection (e), the term of a member begins on the later of the following:

(1) The day the term of the member who the individual is appointed to succeed expires.

(2) The day the individual is appointed by the appointing authority.

     (d) Except as provided in subsection (e), the term of a member expires July 1 of the second year after the member is appointed or until a successor is appointed. However, a member serves at the pleasure of the appointing authority.

     (e) This subsection applies to a member appointed under section 14(b)(9) of this chapter. The member's term begins on the date of the appointment and ends on the last day of the member's term as a member of the general assembly. However, the member serves at the pleasure of the appointing authority.

     (f) The appointing authority may reappoint a member for a new term.

     (g) The appointing authority shall appoint an individual to fill a vacancy among the members.

[Pre-1995 Recodification Citation: 14-3-20-21.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.17.

 

IC 14-12-2-16Project committee officers

     Sec. 16. The governor shall appoint the chair and vice chair of the project committee from among the members of the committee.

[Pre-1995 Recodification Citation: 14-3-20-18.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.18.

 

IC 14-12-2-17Project committee; meetings

     Sec. 17. (a) The project committee shall meet at least quarterly and at the call of the chairman.

     (b) The project committee may convene a meeting at any location in Indiana.

     (c) The project committee shall plan and conduct meetings in a manner that promotes broad public participation and ensures that the views of the members of the public attending the meetings may be fairly presented.

[Pre-1995 Recodification Citation: 14-3-20-19.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-18Project committee attendance

     Sec. 18. (a) Nine (9) members of the project committee constitute a quorum.

     (b) The affirmative vote of a majority of the voting members of the project committee present and voting is necessary for the project committee to take any action.

     (c) A member of the project committee described in section 14(b)(1) through 14(b)(6) of this chapter may designate in writing a representative from the respective division to serve as a member of the project committee when the member of the project committee is unable to attend a meeting.

[Pre-1995 Recodification Citation: 14-3-20-20.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.19.

 

IC 14-12-2-19Project committee; purpose

     Sec. 19. The purpose of the project committee is to do the following:

(1) Provide technical review of proposed projects under this chapter.

(2) Determine whether a proposed project under this chapter should be approved.

(3) Develop and periodically review guidelines for the review process.

(4) Perform other duties imposed upon the project committee by this chapter.

[Pre-1995 Recodification Citation: 14-3-20-16(b).]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.20.

 

IC 14-12-2-20Per diem compensation and traveling expenses

     Sec. 20. (a) As used in this section, "member" refers to a member of the project committee.

     (b) Each member who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (c) Each member who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (d) Each member who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

[Pre-1995 Recodification Citation: 14-3-20-22.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.21.

 

IC 14-12-2-21Procedure for acquisition of property

     Sec. 21. (a) The following procedure must be followed before money from the fund may be used to acquire property for a project under this chapter:

(1) The project committee must review and approve a project requiring the acquisition of the property.

(2) The project committee must recommend the project to the governor for approval.

(3) The governor must approve the project as recommended by the project committee and inform the director of the department of the governor's approval.

     (b) When the procedure under subsection (a) is completed, the department shall acquire the property subject to the project according to Indiana law.

[Pre-1995 Recodification Citation: 14-3-20-23.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.22.

 

IC 14-12-2-22Management of property

     Sec. 22. Property acquired by the state under this chapter may be managed by any of the following:

(1) The department.

(2) A person with whom the department enters into a management agreement under rules adopted under section 34 of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-24.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-23Eminent domain precluded

     Sec. 23. Eminent domain may not be used to acquire property under this chapter.

[Pre-1995 Recodification Citation: 14-3-20-25.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-24Strategic plan

     Sec. 24. The project committee shall, with the assistance of the department, adopt and make available to the public a strategic plan to implement the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-26.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.23.

 

IC 14-12-2-25Fund; establishment

     Sec. 25. (a) The President Benjamin Harrison conservation trust fund is established for the purpose of purchasing property as provided in this chapter.

     (b) The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Interest as provided in subsection (e).

(3) Fees from environmental license plates issued under IC 9-18-29 (before its expiration) or IC 9-18.5-13.

(4) Money donated to the fund.

(5) Money transferred to the fund from other funds.

     (c) The department shall administer the fund. The director must approve any purchase of property using money from the fund.

     (d) The expenses of administering the fund and this chapter shall be paid from the fund.

     (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.

     (f) An appropriation made by the general assembly to the fund shall be allotted and allocated at the beginning of the fiscal period for which the appropriation was made.

     (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund or any other fund.

     (h) Subject to this chapter, there is annually appropriated to the department all money in the fund for the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-27.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.24; P.L.198-2016, SEC.637.

 

IC 14-12-2-26Fund; accounts

     Sec. 26. (a) The following accounts are established within the fund:

(1) The state parks account. Money in this account may be used only to purchase property for state park, historic site, or archeological site purposes.

(2) The state forests account. Money in this account may be used only to purchase property for state forest purposes.

(3) The nature preserves account. Money in this account may be used only to purchase property for nature preserve purposes.

(4) The fish and wildlife account. Money in this account may be used only to purchase property for fish or wildlife management purposes.

(5) The outdoor recreation and trails account. Money in this account may be used only to purchase property for outdoor recreation purposes.

(6) The stewardship account. Money in this account may be used only for the following purposes:

(A) Maintenance of property acquired under this chapter.

(B) Costs of removal of structures, debris, and other property that is unsuitable for the intended use of the property to be acquired.

(C) Costs of site preparation related to any of the following:

(i) The public use of the property, such as fences, rest rooms, public ways, trails, and signs.

(ii) Protecting or preserving the property's natural environment.

(iii) Returning the property to the property's natural state.

(D) Not more than ten percent (10%) of the money in the account for the promotion of the purposes of the President Benjamin Harrison conservation trust program.

(E) To monitor conservation easements acquired under this chapter.

(7) The discretionary account. Subject to section 31.5 of this chapter, money in this account may be used for any purpose for which the accounts listed in subdivisions (1) through (6) may be used.

     (b) Money in the accounts of the trust fund may be used as described in subsection (a) and section 31.5 of this chapter for a state or local project approved by the project committee.

[Pre-1995 Recodification Citation: 14-3-20-28.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.25.

 

IC 14-12-2-27Fund allocations to stewardship account

     Sec. 27. Nine percent (9%) of the money appropriated to the fund must be allotted to the stewardship account established by section 26(a)(6) of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-29.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.26.

 

IC 14-12-2-28Fund; other allotments

     Sec. 28. After the allotment required under section 27 of this chapter has been made, the following allotments shall be made:

(1) Ten percent (10%) of the balance shall be allotted to each account listed in section 26(a)(1) through 26(a)(5) of this chapter.

(2) Fifty percent (50%) of the balance shall be allotted to the account listed in section 26(a)(7) of this chapter.

[Pre-1995 Recodification Citation: 14-3-20-30.]

As added by P.L.1-1995, SEC.5. Amended by P.L.172-2016, SEC.27.

 

IC 14-12-2-29Fund; balance in accounts not reverting to fund

     Sec. 29. The balance in an account listed in section 26 of this chapter on June 30 of a year does not revert to the fund on the following July 1.

[Pre-1995 Recodification Citation: 14-3-20-31.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-30Fund; use of money in accounts

     Sec. 30. (a) Money in the accounts of the fund, other than the stewardship account, may be used for the following:

(1) Acquisition costs, such as costs of surveying, title insurance, and other activities associated with the transfer of title to property.

(2) Costs of services and expenses related to acquisition, such as engineering, appraisal, environmental, accounting, project development, and legal services and expenses.

     (b) Money in the fund may not be used for the following:

(1) The costs of construction of structures other than those authorized under section 26(a)(6) of this chapter.

(2) The costs of removal (as defined in IC 13-11-2-187) and remedial action (as defined in IC 13-11-2-185) relating to hazardous substances (as defined in IC 13-11-2-98).

(3) The costs of wastewater treatment.

[Pre-1995 Recodification Citation: 14-3-20-32.]

As added by P.L.1-1995, SEC.5. Amended by P.L.1-1996, SEC.62; P.L.172-2016, SEC.28.

 

IC 14-12-2-31Repealed

[Pre-1995 Recodification Citation: 14-3-20-33.]

As added by P.L.1-1995, SEC.5. Repealed by P.L.172-2016, SEC.29.

 

IC 14-12-2-31.5Use of discretionary account to acquire property

     Sec. 31.5. (a) Money from the discretionary account may not be used to acquire property for an approved project unless the approved project receives endorsement and participation from:

(1) a department division associated with the accounts listed in section 26(a)(1) through 26(a)(5) of this chapter; and

(2) nonstate sources or the foundation.

     (b) Expenditures from the discretionary account may not exceed one-half (1/2) of the value of a property acquired under this chapter unless:

(1) the approved project advances multiple conservation objectives; and

(2) at least two (2) of the department divisions associated with the accounts listed in section 26(a)(1) through 26(a)(5) of this chapter have endorsed and are participating in the approved project.

     (c) If an approved project satisfies the requirements of subsection (b)(1) and (b)(2), the applicant may request that up to two-thirds (2/3) of the value of the acquired property be paid from the discretionary account.

As added by P.L.172-2016, SEC.30.

 

IC 14-12-2-32Fund; coordination of expenditures

     Sec. 32. Expenditures from the fund shall be coordinated with expenditures by the foundation from the Indiana natural resources fund established by IC 14-12-1-11.

[Pre-1995 Recodification Citation: 14-3-20-34.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-33Annual report

     Sec. 33. Before October 1 of each year, the project committee shall prepare a report concerning the program established by this chapter for the public and the general assembly. A report prepared for the general assembly must be in an electronic format under IC 5-14-6.

[Pre-1995 Recodification Citation: 14-3-20-35.]

As added by P.L.1-1995, SEC.5. Amended by P.L.28-2004, SEC.126; P.L.172-2016, SEC.31.

 

IC 14-12-2-34Adoption of rules

     Sec. 34. The commission may adopt rules under IC 4-22-2 to implement this chapter.

[Pre-1995 Recodification Citation: 14-3-20-36.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-2-35Repealed

As added by P.L.182-1995, SEC.1. Repealed by P.L.172-2016, SEC.32.

 

IC 14-12-3Chapter 3. Hometown Indiana Grant Program

 

           14-12-3-1"Corporation" defined
           14-12-3-2"Fund" defined
           14-12-3-3"Municipal corporation" defined
           14-12-3-4"Program" defined
           14-12-3-5Establishment of program
           14-12-3-6Administration of program
           14-12-3-7Grants
           14-12-3-8Eligibility for grants
           14-12-3-9Community park or recreation area grants
           14-12-3-10Historic preservation grants
           14-12-3-11Community forestry grants
           14-12-3-12Ratings
           14-12-3-13Adoption of rules
           14-12-3-14Establishment of fund

 

IC 14-12-3-1"Corporation" defined

     Sec. 1. As used in this chapter, "corporation" means the following:

(1) A nonprofit corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17.

(2) A municipal corporation.

[Pre-1995 Recodification Citations: 14-6-35-2; 14-6-35-5.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-2"Fund" defined

     Sec. 2. As used in this chapter, "fund" refers to the hometown Indiana fund established by this chapter.

[Pre-1995 Recodification Citation: 14-6-35-4.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-3"Municipal corporation" defined

     Sec. 3. As used in this chapter, "municipal corporation" has the meaning set forth in IC 36-1-2.

[Pre-1995 Recodification Citation: 14-6-35-5.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-4"Program" defined

     Sec. 4. As used in this chapter, "program" refers to the hometown Indiana grant program established by this chapter.

[Pre-1995 Recodification Citation: 14-6-35-6.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-5Establishment of program

     Sec. 5. The hometown Indiana grant program is established.

[Pre-1995 Recodification Citation: 14-6-35-7.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-6Administration of program

     Sec. 6. The department shall administer the program.

[Pre-1995 Recodification Citation: 14-6-35-8.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-7Grants

     Sec. 7. The department shall grant money from the fund to eligible corporations for any of the following purposes:

(1) Community parks and recreation areas.

(2) Historic preservation of real property.

(3) Community forestry.

[Pre-1995 Recodification Citation: 14-6-35-9.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-8Eligibility for grants

     Sec. 8. To be eligible to receive a grant from the fund for a project, a corporation must do the following:

(1) Apply for the grant in a manner prescribed by rules of the commission.

(2) Provide at least fifty percent (50%) of the cost of the proposed project through public or private money, labor, or property.

[Pre-1995 Recodification Citation: 14-6-35-10.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-9Community park or recreation area grants

     Sec. 9. To be eligible to receive a grant for a project involving a community park or recreation area, the following conditions must be met in addition to those set forth in section 8 of this chapter:

(1) The applicant must be a municipal corporation.

(2) The grant must be used to acquire, develop, or renovate a community park or recreation area.

(3) The community park or recreation area must be on land owned or controlled by the municipal corporation.

(4) The community park or recreation area must be operated and maintained for public recreation.

(5) The applicant must demonstrate the ability of the municipal corporation to operate and maintain the community park or recreation area after completion.

(6) The applicant must demonstrate that the project will be compatible with existing site conditions, including sewers and utility facilities.

[Pre-1995 Recodification Citation: 14-6-35-11.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-10Historic preservation grants

     Sec. 10. To be eligible to receive a grant for a project involving the historic preservation of real property, the following conditions must be met in addition to those set forth in section 8 of this chapter:

(1) The applicant must be a municipal corporation or a nonprofit corporation that has no affiliation with religion.

(2) The property must be listed in the Indiana State Register of Historic Sites and Structures.

(3) The project must meet professional standards in architecture, history, and archeology established by rules of the commission.

(4) Some of the facilities of the property must regularly be open to the public or be maintained for public benefit.

(5) The applicant must demonstrate that there are adequate provisions, including sufficient identified sources of money, to ensure that the property will be adequately operated and maintained.

[Pre-1995 Recodification Citation: 14-6-35-12.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-11Community forestry grants

     Sec. 11. To be eligible to receive a grant for a project involving community forestry, the following conditions must be met in addition to those set forth in section 8 of this chapter:

(1) The applicant must be a municipal corporation or a nonprofit corporation that has no affiliation with religion.

(2) The land involved in the project must be on land owned or controlled by the municipal corporation.

(3) The applicant must demonstrate that there are adequate provisions to maintain the completed project.

(4) The applicant must demonstrate the project will be compatible with existing site conditions, including sewers and utility facilities.

[Pre-1995 Recodification Citation: 14-6-35-13.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-12Ratings

     Sec. 12. The department shall make all grants in accordance with ratings established under criteria established by rule.

[Pre-1995 Recodification Citation: 14-6-35-14.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-13Adoption of rules

     Sec. 13. (a) The commission shall adopt the rules required by this chapter under IC 4-22-2.

     (b) The commission may adopt other rules under IC 4-22-2 to implement this chapter.

[Pre-1995 Recodification Citation: 14-6-35-15.]

As added by P.L.1-1995, SEC.5.

 

IC 14-12-3-14Establishment of fund

     Sec. 14. (a) The hometown Indiana fund is established to carry out the purposes of this chapter. The department shall administer the fund.

     (b) Gifts of money to the fund or the proceeds from the sale of gifts donated to the fund shall be deposited in the fund.

     (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the fund is abolished, the money in the fund reverts to the state general fund.

[Pre-1995 Recodification Citation: 14-6-35-16.]

As added by P.L.1-1995, SEC.5.

 

IC 14-13ARTICLE 13. LOCAL RESOURCE DEVELOPMENT

 

           Ch. 1.Indiana White River State Park Development Commission
           Ch. 2.Little Calumet River Basin Development Commission
           Ch. 3.Repealed
           Ch. 4.River Marina Development Commission
           Ch. 5.Ohio River Greenway Development Commission
           Ch. 6.Wabash River Heritage Corridor Commission
           Ch. 7.Lincoln Hills of Indiana
           Ch. 8.Conditions of State Support for Private Projects

 

IC 14-13-1Chapter 1. Indiana White River State Park Development Commission

 

           14-13-1-0.3Continuation of commission
           14-13-1-1"Commission"
           14-13-1-2"Fund"
           14-13-1-3Purposes of chapter
           14-13-1-4Liberal construction
           14-13-1-5Creation of commission
           14-13-1-6Voting members
           14-13-1-7Term of voting members
           14-13-1-8Political party affiliation of voting members
           14-13-1-9Legislative members
           14-13-1-10Eligibility for reappointment
           14-13-1-11Chairman; treasurer
           14-13-1-12Meetings
           14-13-1-13Per diem compensation and traveling expenses
           14-13-1-14Executive director
           14-13-1-14.5Repealed
           14-13-1-15Park project development plan
           14-13-1-16Acquisition of property by purchase or lease
           14-13-1-17Eminent domain powers
           14-13-1-18Acquisition of property from political subdivisions or public entities
           14-13-1-19Property improvements
           14-13-1-20Conveyance of property to political subdivisions or public entities
           14-13-1-21Management of park projects
           14-13-1-22Repealed
           14-13-1-23Repealed
           14-13-1-24Repealed
           14-13-1-25Repealed
           14-13-1-26Repealed
           14-13-1-27Feasibility study
           14-13-1-28General powers of commission
           14-13-1-29Creation of fund
           14-13-1-30Revenue bonds; issuance
           14-13-1-31Revenue bonds; not debt of state or subdivision; payable solely from money pledged
           14-13-1-32Revenue bonds; redemption; negotiability
           14-13-1-33Revenue bonds; requirements
           14-13-1-34Revenue bonds; authority to issue
           14-13-1-35Revenue bonds; legal investments
           14-13-1-36Revenue bonds; refunding bonds
           14-13-1-37Public purpose
           14-13-1-38Tax exemptions
           14-13-1-39Applicability of IC 8-23-17
           14-13-1-40Consideration of racial minorities
           14-13-1-41White River state park foundation
           14-13-1-42Adoption of rules

 

IC 14-13-1-0.3Continuation of commission

     Sec. 0.3. Notwithstanding IC 4-26-3-27 and IC 4-26-3-27.3 (before their repeal) and the one (1) year delay period ordered by the governor under Executive Order 92-5 issued under IC 4-26-3-11 (before its repeal), the Indiana White River state park development commission is not abolished, and the powers, duties, and functions adhering to it do not terminate on June 30, 1993.

As added by P.L.220-2011, SEC.293.

 

IC 14-13-1-1"Commission"

     Sec. 1. As used in this chapter, "commission" refers to the Indiana White River state park development commission.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-2"Fund"

     Sec. 2. As used in this chapter, "fund" refers to the White River park development fund created by this chapter.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-3Purposes of chapter

     Sec. 3. The general purposes of this chapter are to do the following:

(1) Promote the general health and welfare of citizens of Indiana.

(2) Provide for the creation, development, and facilitation of park, exposition, educational, athletic, and recreational projects.

(3) Provide for the operation and maintenance of those projects.

(4) Create a commission with the authority to carry out the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-1.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-4Liberal construction

     Sec. 4. This chapter, being necessary for the welfare of Indiana and the inhabitants of Indiana, should be liberally construed to effect the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-2.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-5Creation of commission

     Sec. 5. The Indiana White River state park development commission is created as a public body corporate and politic.

[Pre-1995 Recodification Citation: 14-6-29-3(a).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-6Voting members

     Sec. 6. The commission has ten (10) voting members as follows:

(1) The director or the director's designee.

(2) The executive of the city of Indianapolis or the executive's designee.

(3) The president of Indiana University or the president's designee.

(4) Seven (7) members appointed by the governor as follows:

(A) One (1) member for a term ending December 31, 1995.

(B) Two (2) members for terms ending December 31, 1996.

(C) Two (2) members for terms ending December 31, 1997.

(D) Two (2) members for terms ending December 31, 1998.

[Pre-1995 Recodification Citation: 14-6-29-3(b) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-7Term of voting members

     Sec. 7. The term of a voting member is four (4) years. However, if an appointee is appointed to serve an unexpired term, the appointee serves only until the end of the unexpired term.

[Pre-1995 Recodification Citation: 14-6-29-3(b) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-8Political party affiliation of voting members

     Sec. 8. Two (2) members appointed for terms expiring at the same time may not belong to the same political party.

[Pre-1995 Recodification Citation: 14-6-29-3(b) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-9Legislative members

     Sec. 9. (a) In addition to the voting members of the commission, the governor shall appoint four (4) legislative members from the general assembly from recommendations made by the speaker of the house of representatives and the president pro tempore of the senate as follows:

(1) Two (2) legislative members must be members of the house of representatives, but may not be members of the same political party.

(2) Two (2) legislative members must be members of the senate, but may not be members of the same political party.

     (b) The legislative members may not:

(1) vote in proceedings of the commission; and

(2) be counted for purposes of establishing a quorum.

     (c) The legislative members appointed under subsections (a)(1) and (a)(2) must meet the following criteria:

(1) At least one (1) member appointed under subsection (a)(1) must represent the legislative district that includes White River State Park.

(2) At least one (1) member appointed under subsection (a)(2) must represent the legislative district that includes White River State Park.

     (d) The term of a legislative member is four (4) years, except for the following:

(1) A legislative member's membership on the commission is terminated when the legislative member ceases to be a member of the general assembly.

(2) A legislative member appointed to serve an unexpired term may serve only until the end of that term.

[Pre-1995 Recodification Citation: 14-6-29-3(c).]

As added by P.L.1-1995, SEC.6. Amended by P.L.123-2018, SEC.1.

 

IC 14-13-1-10Eligibility for reappointment

     Sec. 10. A member of the commission is eligible for reappointment.

[Pre-1995 Recodification Citation: 14-6-29-3(d) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-11Chairman; treasurer

     Sec. 11. The governor shall annually designate:

(1) one (1) of the voting members of the commission as chairman; and

(2) one (1) of the voting members of the commission as treasurer;

for terms expiring December 31.

[Pre-1995 Recodification Citation: 14-6-29-3(d) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-12Meetings

     Sec. 12. (a) The commission shall meet on call of any of the following:

(1) The chairman.

(2) The executive director.

(3) Any three (3) voting members.

     (b) Seven (7) voting members constitute a quorum.

[Pre-1995 Recodification Citation: 14-6-29-3(d) part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-13Per diem compensation and traveling expenses

     Sec. 13. (a) Each voting member is entitled to reimbursement for traveling and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Each voting member who is not a state employee is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b).

     (b) Each legislative member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

[Pre-1995 Recodification Citation: 14-6-29-3(e).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-14Executive director

     Sec. 14. The governor shall appoint an executive director for the commission.

[Pre-1995 Recodification Citation: 14-6-29-3(f).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-14.5Repealed

As added by P.L.5-1996, SEC.13. Repealed by P.L.177-2011, SEC.5.

 

IC 14-13-1-15Park project development plan

     Sec. 15. (a) The commission may design and implement a plan for the establishment and development of park, exposition, educational, athletic, and recreational projects to be located within one (1) mile of the banks of the White River in a consolidated city and county. The projects may include any of the following:

(1) Parks.

(2) Recreational facilities.

(3) Exposition facilities.

(4) Zoos, aquariums, aviaries, or other facilities for animal life.

(5) Facilities for entertainment, meetings, industrial and trade shows, athletic events, and other displays and events of cultural, educational, entertainment, and recreational value.

(6) Other facilities that the commission considers appropriate to the general public welfare and to the cultural, recreational, educational, or civic well-being of the public.

     (b) In designing and implementing this plan, the commission may employ the architects, engineers, surveyors, planners, advisors, and consultants that the commission considers appropriate. The commission may seek and accept the advice and comments of other persons and entities, including political subdivisions and public agencies, that the commission considers appropriate.

[Pre-1995 Recodification Citation: 14-6-29-4.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-16Acquisition of property by purchase or lease

     Sec. 16. (a) The commission may acquire, by purchase or by lease:

(1) any land, property, rights, rights-of-way, franchises, easements, and other interests in real property, including land under water and riparian rights; and

(2) any existing facilities, betterments, and improvements;

that the commission considers necessary or convenient for the establishment, development, construction, improvement, or operation of any projects.

     (b) Property may be acquired under subsection (a):

(1) upon the terms; and

(2) at the price or rent;

that the commission considers reasonable and that are agreed upon by the commission and the owner.

     (c) The commission may acquire land and other interests in real property under subsection (a) by:

(1) gift or bequest; or

(2) condemnation under section 17 of this chapter.

     (d) The commission shall take and hold title to the land and other interests in the name of the state of Indiana.

[Pre-1995 Recodification Citation: 14-6-29-5(a).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-17Eminent domain powers

     Sec. 17. (a) The commission may acquire by appropriation under Indiana eminent domain law:

(1) any land, property, rights, rights-of-way, franchises, easements, or other interests in real property, including land under water and riparian rights; or

(2) any existing facilities, betterments, and improvements, or other property;

necessary and proper for the creation, development, establishment, maintenance, or operation of a project or any part of a project.

     (b) If property is acquired under Indiana eminent domain law, the commission shall use the property only for the specific uses that are stated in the complaint filed under IC 32-24-1-4 and for no other purpose.

[Pre-1995 Recodification Citation: 14-6-29-5(b).]

As added by P.L.1-1995, SEC.6. Amended by P.L.2-2002, SEC.58.

 

IC 14-13-1-18Acquisition of property from political subdivisions or public entities

     Sec. 18. Each:

(1) county, city, town, township, and other political subdivision of the state; and

(2) public agency, department, and commission;

may, upon the terms and conditions that the proper authorities of the entity and the commission consider reasonable and appropriate, lease, lend, grant, or convey to the commission, at the commission's request, real or personal property, including an interest in the property, owned by the entity that is necessary or convenient to effecting the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-5(c).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-19Property improvements

     Sec. 19. In establishing and developing projects, the commission may:

(1) construct, reconstruct, establish, build, repair, remodel, enlarge, extend, or add to the facilities, betterments, and improvements; and

(2) clear and prepare any site for construction;

that the commission considers appropriate and in furtherance of the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-6(a).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-20Conveyance of property to political subdivisions or public entities

     Sec. 20. (a) The commission may sell, transfer, or convey to:

(1) a political subdivision of the state; or

(2) a public agency, department, or commission;

for the consideration and upon the terms that the commission considers appropriate real property, including a facility, betterment, or improvement, within the projects or acquired under this chapter, if the sale, transfer, or conveyance and ownership by the transferee further the purposes of this chapter.

     (b) Transfer is subject to the restrictions that the commission considers appropriate and in furtherance of the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-6(b).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-21Management of park projects

     Sec. 21. (a) The commission may provide for the construction, improvement, development, operation, and management of the projects, including any facilities, betterments, and improvements that are part of the projects, in the manner that the commission considers appropriate and in furtherance of the purposes of this chapter.

     (b) The commission may enter into:

(1) a lease agreement as lessor or sublessor; or

(2) an operating or license agreement;

with respect to all or part of a site, a facility, a betterment, or an improvement that is part of the projects with at least one (1) public or private person or entity, including political subdivisions of the state and public agencies, departments, and commissions, on the terms and conditions that the commission considers appropriate and in furtherance of the purposes of this chapter.

[Pre-1995 Recodification Citation: 14-6-29-6(c).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-22Repealed

[Pre-1995 Recodification Citation: 14-6-29-7(a), Part new.]

As added by P.L.1-1995, SEC.6. Repealed by P.L.197-2011, SEC.153.

 

IC 14-13-1-23Repealed

[Pre-1995 Recodification Citation: 14-6-29-7(b), Part new.]

As added by P.L.1-1995, SEC.6. Repealed by P.L.197-2011, SEC.153.

 

IC 14-13-1-24Repealed

[Pre-1995 Recodification Citation: 14-6-29-7(c), Part new.]

As added by P.L.1-1995, SEC.6. Repealed by P.L.197-2011, SEC.153.

 

IC 14-13-1-25Repealed

[Pre-1995 Recodification Citation: 14-6-29-7(d), Part new.]

As added by P.L.1-1995, SEC.6. Repealed by P.L.197-2011, SEC.153.

 

IC 14-13-1-26Repealed

[Pre-1995 Recodification Citation: 14-6-29-7(e).]

As added by P.L.1-1995, SEC.6. Repealed by P.L.197-2011, SEC.153.

 

IC 14-13-1-27Feasibility study

     Sec. 27. The commission shall study the feasibility of programs, projects, events, and facilities of national and international significance in the areas of health, nutrition, physical fitness, medical science, recreation, athletics, animal study, veterinary science, and related areas.

[Pre-1995 Recodification Citation: 14-6-29-7(f).]

As added by P.L.1-1995, SEC.6. Amended by P.L.197-2011, SEC.49.

 

IC 14-13-1-28General powers of commission

     Sec. 28. The commission may do the following:

(1) Adopt bylaws for the regulation of the commission's affairs and the conduct of the commission's business.

(2) Adopt an official seal, which may not be the seal of the state.

(3) Maintain a principal office and other offices that the commission designates.

(4) Sue and be sued in the name and style of "White River State Park Development Commission", with service of process being had upon the chairman of the commission by leaving a copy at the principal office of the commission.

(5) Acquire by grant, purchase, gift, devise, lease, eminent domain, or otherwise and hold, use, sell, lease, or dispose of:

(A) real and personal property of every kind and nature; and

(B) any right and interest;

necessary for the full exercise or convenient or useful for the carrying on of any of the commission's powers under this chapter.

(6) Exercise within Indiana and in the name of the state of Indiana the power of eminent domain under Indiana law governing the exercise of the power of eminent domain for any public purposes.

(7) Fix, collect, and review admission charges, entrance fees, tolls, and other user charges for the use of a facility within the projects owned or leased by the commission or dedicated to the commission by a political subdivision of the state or a public agency, department, or commission having jurisdiction of the facility.

(8) Acquire by fee or by lease, obtain option on, hold, and dispose of real and personal property reasonably necessary and proper to the exercise of the commission's powers and the performance of the commission's duties under this chapter.

(9) Make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of the commission's duties and the execution of the commission's powers under this chapter.

(10) Employ and fix the compensation of consulting engineers, superintendents, and other engineers, construction and accounting experts, attorneys, and other employees and agents the commission considers necessary.

(11) Conduct studies of the financial feasibility of the park and recreational projects and facilities, betterments, and improvements within those projects.

(12) Avail itself of the services of professional and other personnel employed by an agency, a department, or a commission of the state for purposes of studying the feasibility of or designing, constructing, or maintaining the projects or a facility within those projects.

(13) Receive and accept:

(A) from the federal government or a federal agency or department grants for or in aid of the acquisition, construction, improvement, or development of any part of the projects of the commission; and

(B) aid or contributions from any source of money, property, labor, or other things of value;

to be held, used, and applied only for the purposes, consistent with the purposes of this chapter, for which the grants and contributions may be made.

(14) Hold, use, administer, and expend the money that is appropriated or transferred to the commission.

(15) Assist or cooperate with a political subdivision or public agency, department, or commission, including the payment of money or the transfer of property by the commission to the political subdivision or public agency, department, or commission, if the commission considers the assistance or cooperation appropriate and in furtherance of the purposes of this chapter.

(16) Accept assistance and cooperation from a political subdivision or public agency, department, or commission, including the acceptance of money or property by the commission from the political subdivision or public agency, department, or commission, if the commission considers the assistance or cooperation appropriate and in furtherance of the purposes of this chapter.

(17) All acts and things necessary or proper to carry out the powers expressly granted in this chapter.

[Pre-1995 Recodification Citation: 14-6-29-8.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-29Creation of fund

     Sec. 29. (a) The White River park development fund is created. The commission shall make expenditures from the fund only to accomplish the purposes of this chapter, including the acquisition of real property and interests in real property as the site for projects of the commission and the construction of facilities, betterments, and improvements within the projects.

     (b) The commission shall do the following:

(1) Hold the fund in the name of the commission.

(2) Administer the fund.

(3) Make all expenditures from the fund.

     (c) The money in the fund at the end of a fiscal year remains in the fund and does not revert to any other fund.

[Pre-1995 Recodification Citation: 14-6-29-9.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-30Revenue bonds; issuance

     Sec. 30. (a) The acquisition, construction, or improvement of real property, a facility, a betterment, or an improvement constituting part of a project of the commission, including acquisition of the site for a project, may be financed in whole or in part by the issuance before July 1, 2005, of bonds payable solely out of the net income received from the operation of the real property, facility, betterment, or improvement.

     (b) If the commission desires to finance an acquisition, a construction, or an improvement in whole or in part as provided in this section or sections 31 through 36 of this chapter, the commission must adopt a resolution authorizing the issuance of bonds. The resolution must set forth the following:

(1) The date on which the principal of the bonds matures, not exceeding forty (40) years from the date of issuance.

(2) The maximum interest rate to be paid on the bonds.

(3) Other terms and conditions upon which the bonds are issued.

     (c) The commission shall take all actions necessary to issue the bonds in accordance with the resolution. The commission may enter into a trust agreement with a trust company as trustee for the bondholders. An action to contest the validity of any bonds to be issued under this chapter may not be brought after the fifteenth day following the receipt of bids for the bonds.

[Pre-1995 Recodification Citation: 14-6-29-10(a), (b), (c).]

As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005, SEC.183.

 

IC 14-13-1-31Revenue bonds; not debt of state or subdivision; payable solely from money pledged

     Sec. 31. (a) Revenue bonds issued under this chapter or under IC 14-6-29 (before its repeal) do not constitute any of the following:

(1) A debt of the state or of a political subdivision of the state.

(2) A pledge of the faith and credit of the state or a political subdivision of the state.

     (b) The bonds are payable solely from the revenues pledged for their payment as authorized in this chapter or IC 14-6-29 (before its repeal).

[Pre-1995 Recodification Citation: 14-6-29-10(d).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-32Revenue bonds; redemption; negotiability

     Sec. 32. (a) Revenue bonds issued under this chapter or under IC 14-6-29 (before its repeal) may be made redeemable before maturity at the option of the commission at the price and under the terms and conditions that are set by the commission in the authorizing resolution. The commission shall do the following:

(1) Determine the form of the bonds, including any interest coupons to be attached to the bonds.

(2) Fix the denomination of the bonds.

(3) Fix the place of payment of principal and interest, which may be at any bank or trust company within or outside Indiana.

     (b) Revenue bonds have the qualities and incidents of negotiable instruments under Indiana law. Provision may be made for the registration of any of the bonds as to principal alone and also as to both principal and interest.

[Pre-1995 Recodification Citation: 14-6-29-10(e).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-33Revenue bonds; requirements

     Sec. 33. (a) Revenue bonds issued under this chapter shall be issued in the name of the commission and must recite on the face of each bond that the principal of and interest on the bond are payable solely from revenues pledged for their payment and are not an obligation of the state or of a political subdivision of the state.

     (b) The chairman of the commission shall execute the bonds, and the secretary of the commission shall affix and attest the seal of the commission.

     (c) Coupons attached to the bonds must bear the facsimile signature of the chairman of the commission.

[Pre-1995 Recodification Citation: 14-6-29-10(f).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-34Revenue bonds; authority to issue

     Sec. 34. This chapter and IC 14-6-29 (before its repeal) constitute full and complete authority for the issuance of revenue bonds. A law, a procedure or proceeding, a publication, a notice, a consent, an approval, an order, an act, or a thing by the commission or any other officer, department, agency, or instrumentality of the state, a county, or a municipality is not required to issue revenue bonds except as prescribed in this chapter or IC 14-6-29 (before its repeal).

[Pre-1995 Recodification Citation: 14-6-29-10(g).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-35Revenue bonds; legal investments

     Sec. 35. Revenue bonds issued under this chapter or IC 14-6-29 (before its repeal) constitute legal investments for the following:

(1) Private trust money.

(2) The money of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and any other financial institutions organized under Indiana law.

[Pre-1995 Recodification Citation: 14-6-29-10(h).]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-36Revenue bonds; refunding bonds

     Sec. 36. (a) The commission may issue refunding bonds before July 1, 2005, in the name of the commission for the following purposes:

(1) Refunding any bonds then outstanding and issued under this chapter or under IC 14-6-29 (before its repeal), including payment of redemption premium and interest accrued or to accrue to the date of redemption of the outstanding bonds.

(2) If considered advisable by the commission, constructing improvements, extensions, or enlargements of a facility, a betterment, or an improvement in connection with which the bonds to be refunded have been issued.

     (b) The issuance of the refunding bonds, the maturity dates and other details, and all rights, duties, and obligations of the holders of the refunding bonds and of the commission with respect to the refunding bonds are subject to this chapter.

[Pre-1995 Recodification Citation: 14-6-29-10(i).]

As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005, SEC.184.

 

IC 14-13-1-37Public purpose

     Sec. 37. The exercise of the powers granted by this chapter is for the benefit of the people of Indiana and for the increase of their commerce, health, enjoyment, and prosperity. The operation, creation, development, and maintenance of the projects by the commission constitutes the performance of essential governmental functions.

[Pre-1995 Recodification Citation: 14-6-29-11 part.]

As added by P.L.1-1995, SEC.6.

 

IC 14-13-1-38Tax exemptions

     Sec. 38. (a) The commission is not required to pay any taxes or assessments upon any of the following:

(1) A project of the commission.

(2) A facility, betterment, or improvement within a project.

(3) Property acquired or used by the commission under this chapter or IC 14-6-29 (before its repeal).

(4) The income or revenue from the property.

     (b) The:

(1) bonds issued under this chapter or under IC 14-6-29 (before its repeal);

(2) interest on the bonds;

(3) proceeds received by a holder from the sale of the bonds to the extent of the holder's cost of acquisition;

(4) proceeds received upon redemption before maturity or proceeds received at maturity; and

(5) receipt of interest and proceeds;

are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

[Pre-1995 Recodification Citation: 14-6-29-11 part.]

As added by P.L.1-1