Citations Affected: IC 14-8-2-289; IC 14-21-1.
Synopsis: Burial grounds and cemeteries. Defines "artifact", for
purposes of the historic preservation law, as any human made object
that is more than 100 years old. Requires a person to contact the
department of natural resources to determine whether the ground that
will be disturbed is within 100 feet of a recorded burial ground or
cemetery. Except for certain coal operations, requires approval of a
development plan before disturbing the ground within 100 feet of a
burial ground or cemetery.
Effective: July 1, 2004.
January 13, 2004, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 26.5. (a) This section applies to a person who
intends to disturb the land surface or subsurface to:
(1) erect or alter a structure;
(2) construct or modify a utility line or transmission facility;
(3) drill or change drilling operations for an oil well or a gas well; or
(4) remove sand and gravel.
Notwithstanding IC 23-14-44-1, this section does not apply to
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A corporation organized under IC 8-1-13.
(3) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(4) a surface coal mining and reclamation operation permitted
under IC 14-34.
(b) Except as provided in
this subsection, subsection (b),
subsections (c) and subsection (c), (d), a person may not disturb the
ground within one hundred (100) feet of a burial ground or cemetery:
for the purpose of erecting, altering, or repairing any structure
(1) without having a development plan approved by the department under section 25 of this chapter; or
(2) in violation of a development plan approved by the department under section 25 of this chapter.
The department must review the development plan not later than sixty (60) days after the development plan is submitted.
(b) (c) A development plan:
(1) must be approved if a person intends to
construct a new
structure or alter or repair an existing structure disturb the land
surface or subsurface in a manner that would significantly
impact the burial ground or cemetery; and
(2) is not required if a person intends to erect, alter, or repair an existing land or building structure for an incidental or existing use that would not impact the burial ground or cemetery.
(c) (d) A development plan for a governmental entity to disturb
ground within one hundred (100) feet of a burial ground or cemetery
must be approved as follows:
(1) A development plan of a municipality requires approval of the executive of the municipality and does not require the approval of the department. However, if the burial ground or cemetery is located outside the municipality, approval is also required by the executive of the county where the burial ground or cemetery is located. A county cemetery commission established under
IC 23-14-67-2 may advise the executive of the municipality on
whether to approve a development plan.
(2) A development plan of a governmental entity other than:
(A) a municipality; or
(B) the state;
requires the approval of the executive of the county where the governmental entity is located and does not require the approval of the department. However, if the governmental entity is located in more than one (1) county, only the approval of the executive of the county where the burial ground or cemetery is located is required. A county cemetery commission established under IC 23-14-67-2 may advise the county executive on whether to approve a development plan.
(3) A development plan of the state requires the approval of the department.
(d) (e) A person who recklessly, knowingly, or intentionally violates
this section commits a Class A misdemeanor. However, the offense is
a Class D felony if the person disturbs buried human remains or grave
markers while committing the offense.