reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-2. Petition to Change Boundaries; Conditions

Sec. 2. In the case of a petition filed under section 1(a)(1) of this chapter to change the boundaries of a district, the following conditions apply:
(1) The territory proposed for inclusion in the reconfigured district may consist of two (2) or more separate tracts, and the tracts need not be contiguous.
(2) The petition must include a generally accurate description of the territory proposed for inclusion in the reconfigured district, but the territory need not be defined by metes and bounds or by legal subdivisions.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-3. Petition to Change Boundaries; Requirements of Territory Proposed for Inclusion

Sec. 3. (a) If:
(1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and
(2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more existing districts;
the petition must meet the requirement set forth in subsection (b), subsection (c), or subsection (d).
(b) If the territory proposed for inclusion includes only a portion of the existing district, a petition described in subsection (a) must be signed by at least twenty-five (25) land occupiers whose tracts of land are located within the territory, except as provided in subsection (d).
(c) If the territory proposed for inclusion includes all or part of two (2) or more existing districts, the petition must be signed by at least twenty-five (25) land occupiers whose tracts of land are located within the part of each existing district that is proposed for inclusion, except as provided in subsection (d).
(d) If there are fewer than fifty (50) land occupiers whose tracts of land are located in:
(1) a territory referred to in subsection (b); or
(2) a part of a district referred to in subsection (c);
the petition must be signed by a majority of the land occupiers whose tracts of land are located within the territory or part of a district.
(e) The signature requirements of this section are in addition to the signature requirement imposed by section 1(b) of this chapter.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-4. Petition to Change Boundaries; Joint Resolution of Districts Required

Sec. 4. (a) If:
(1) a petition is filed under section 1(a)(1) of this chapter to change the boundaries of a district; and
(2) the territory proposed for inclusion in the reconfigured district includes all or part of the territory of one (1) or more other existing districts;
the petition must be accompanied by a copy of a joint resolution described in subsection (b).
(b) The resolution required by this section must be adopted by the supervisors and certified by the secretary of:
(1) the district into which the territory proposed for inclusion would be incorporated; and
(2) each district whose territory would be incorporated into the district referred to in subdivision (1).
(c) The resolution required by this section must set forth:
(1) the amount of the assets and obligations that would be transferred to the district referred to in subsection (b)(1) by each district referred to in subsection (b)(2) as part of the incorporation of territory; and
(2) the amount of the assets and obligations of the district referred to in subsection (b)(1) that would be retained by the district after the incorporation of territory.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-5. Petitions to Change Boundaries or Dissolve Districts; Invalidity

Sec. 5. If a petition filed under section 1 of this chapter does not meet the requirements set forth in sections 1 through 4 of this chapter, the board shall:
(1) declare the petition invalid;
(2) in writing, inform the person who filed the petition that the petition is invalid, specifying the reason or reasons for the invalidity of the petition; and
(3) return the petition to the person who filed it for the incorporation of corrections to remedy the invalidity.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-6. Petitions to Change Boundaries or Dissolve Districts; Hearing

Sec. 6. (a) If a petition filed under section 1 of this chapter meets the requirements set forth in sections 1 through 4 of this chapter, the board shall do the following:
(1) Not more than sixty (60) days after the filing of the petition, give due notice that a hearing will be held concerning the petition.
(2) Pay all expenses arising from the issuance of the notice and the holding of the hearing.
(3) Conduct the hearing.
(b) The hearing held on the petition shall be open to the public. The following may testify at the hearing:
(1) A land occupier whose tract of land is located within the district or territory referred to in the petition.
(2) An individual of voting age who resides within the district or territory referred to in the petition.
(c) Testimony may be presented at the hearing concerning:
(1) the desirability and necessity, in the interest of the public welfare, of granting the petition;
(2) the validity of:
(A) the petition; and
(B) proceedings conducted on the petition under this chapter; and
(3) all questions relevant to the petition.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-7. Petitions to Change Boundaries or Dissolve Districts; Considerations

Sec. 7. (a) When considering a petition to change the boundaries of a district, the board shall consider and give due weight to the following:
(1) The information presented at the hearing held under section 6 of this chapter.
(2) The attitudes toward the change in district boundaries expressed by land occupiers whose tracts of land are located within the territory proposed for inclusion within the district.
(3) The desirability and necessity of including the territory within the district, including the benefits that the land occupiers whose tracts of land are located within the territory may receive from the inclusion.
(4) The relation of the territory to:
(A) watersheds;
(B) agricultural regions; and
(C) other districts.
(5) The physical, geographical, and economic factors that are relevant, having regard to the legislative determination set forth in IC 14-32-1.
(b) When considering a petition to dissolve a district, the board shall consider and give due weight to the following:
(1) The information presented at the hearing held under section 6 of this chapter.
(2) The attitudes toward dissolution of the district expressed by land occupiers whose tracts of land are located within the district.
(3) The approximate wealth and income of the residents of the district.
(4) The probable expense of carrying on soil and water resource protection activities within the district.
(5) Other economic and social factors that are relevant, having regard to the legislative determination set forth in IC 14-32-1.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-8. Denial of Petition

Sec. 8. Not more than sixty (60) days after a public hearing on a petition is held under section 6 of this chapter, the board shall determine whether the petition should be denied.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-9. Denial of Petition; Record of Determination; Notice

Sec. 9. If, after the hearing and consideration of the factors set forth in section 7 of this chapter, the board determines that a petition should be denied, the board shall, when appropriate, do the following:
(1) Record the determination.
(2) Deny the petition.
(3) Notify a representative of the petitioners in writing that the petition is denied.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-10. Petitions to Change Boundaries or Dissolve Districts; Procedures if Not Denied

Sec. 10. (a) If, after the hearing and consideration of the factors set forth in section 7(a) of this chapter, the board determines that a petition to change the boundaries of a district should not be denied, the board shall, when appropriate, do the following:
(1) Record the determination.
(2) Define, by metes and bounds or by legal subdivisions, the territory to be included in the proposed reconfigured district.
(3) In consultation with the petitioners, establish a name for the proposed reconfigured district.
(4) Not more than sixty (60) days after recording the determination, give due notice that an election, by secret ballot, will be held on the local public question set forth in the petition.
(5) Prescribe appropriate procedures for the conduct of the election and the determination of the eligibility of voters.
(6) Supervise the conduct of the election.
(7) Publish the results of the election.
(8) Pay all expenses arising from the issuance of notices and the holding of the election.
(b) If, after the hearing and consideration of the factors set forth in section 7(b) of this chapter, the board determines that a petition to dissolve a district should not be denied, the board shall, when appropriate, do the following:
(1) Record the determination.
(2) Not more than sixty (60) days after recording the determination, give due notice that an election, by secret ballot, will be held on the local public question set forth in the petition.
(3) Prescribe appropriate procedures for the conduct of the election and the determination of the eligibility of voters.
(4) Supervise the conduct of the election.
(5) Publish the results of the election.
(6) Pay all expenses arising from the issuance of notices and the holding of the election.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-11. Elections to Change Boundaries or Dissolve Districts; Contents of Ballots

Sec. 11. (a) The ballot provided for an election on whether to change the boundaries of a district must contain the following:
(1) A definition, by metes and bounds or by legal subdivisions, of the territory within the proposed reconfigured district.
(2) Two (2) propositions, one (1) of which reads "For creation of the (insert name) soil and water conservation district comprising the territory defined here" and the other of which reads "Against creation of the (insert name) soil and water conservation district comprising the territory defined here".
(3) A square in front of each proposition.
(4) Instruction to insert an X mark in the square before only one (1) of the propositions to indicate that the voter favors or opposes the inclusion of the described territory within the district.
(b) The ballot provided for an election on whether to dissolve a district must contain the following:
(1) Two (2) propositions, one (1) of which reads "For terminating the existence of the (insert name) soil and water conservation district" and the other of which reads "Against terminating the existence of the (insert name) soil and water conservation district".
(2) A square in front of each proposition.
(3) Instruction to insert an X mark in the square before only one (1) of the propositions to indicate that the voter favors or opposes the dissolution of the district.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-12. Elections to Change Boundaries or Dissolve Districts; Voting

Sec. 12. (a) All land occupiers whose tracts of land are located within:
(1) the boundaries of the district as they would be changed to encompass the territory proposed for inclusion; or
(2) the district proposed for dissolution;
are eligible to vote in the election on the local public question held under section 10(a) or 10(b) of this chapter.
(b) A voting place used in the election must be arranged so that the voter can mark a ballot without disclosing to any person how the ballot was marked.
(c) An informality in the conduct of the election on the local public question or in a matter relating to the election does not invalidate the election or the result of the election if:
(1) due notice of the election was given substantially as required by section 10 of this chapter and IC 14-8-2-80; and
(2) the election was conducted fairly.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-13. Elections to Change Boundaries or Dissolve Districts; Simple Majority Required to Deny

Sec. 13. If at least a simple majority of the votes cast on the local public question are against the request set forth in the petition, the board shall, when appropriate, do the following:
(1) Certify the results of the election in the records of the board.
(2) Declare the request set forth in the petition denied.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-14. Elections to Change Boundaries or Dissolve Districts; Simple Majority Required to Implement Request

Sec. 14. (a) In an election on the local public question of whether to change the boundaries of a district, the board shall proceed under subsection (c) if at least a simple majority:
(1) of all the votes cast; and
(2) of the votes cast in each:
(A) district; or
(B) portion of a district;
that would be included within the proposed reconfigured district;
are in favor of the inclusion of the described territory within the district.
(b) In an election on the local public question of whether to dissolve a district, the board shall proceed under subsection (c) if at least a simple majority of the votes cast on the local public question are in favor of the dissolution of the district.
(c) Under the circumstances set forth in subsection (a) or (b), the board shall do the following:
(1) Certify the results of the election in the records of the board.
(2) Implement the request set forth in the petition under:
(A) sections 15 through 21 of this chapter, if changing the boundaries of a district; or
(B) sections 22 through 23 of this chapter, if dissolving a district.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-15. Appointed Supervisors; Terms

Sec. 15. (a) To incorporate the described territory within the district, the board shall do the following not more than thirty (30) days after certifying the election:
(1) Appoint two (2) individuals who meet the qualifications set forth in IC 14-32-4-1(c) as supervisors of the district.
(2) Establish the length of the terms of the appointed supervisors within the limits set forth in subsection (b).
(b) The term of one (1) supervisor appointed under subsection (a) may not be more than three (3) years. The term of the other supervisor appointed under subsection (a) may not be more than two (2) years.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-16. Letter of Application; Presentation to Secretary of State; Contents

Sec. 16. (a) Not more than thirty (30) days after being appointed under section 15(a) of this chapter, the two (2) appointed supervisors shall present to the secretary of state the following:
(1) A notarized letter of application, signed by the two (2) appointed supervisors, for reorganization of the district as a governmental subdivision and a public body corporate and politic under this article.
(2) A copy of the original petition filed with the board.
(3) A copy of the certification by the board of the results of the election held on the local public question.
(4) A copy of the records of appointment by the board of the two (2) supervisors who signed the letter of application.
(b) The letter of application presented under subsection (a) must include the following:
(1) The name proposed for the district.
(2) A definition, by metes and bounds or by legal subdivisions, of the reconfigured boundaries of the district.
(3) A statement certifying that, upon notification by the secretary of state of the approval of the application, an existing district lying entirely within the boundaries of the newly reorganized district will terminate operation and cease to exist.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-17. Certificate of Organization

Sec. 17. (a) After receiving, examining, and approving a letter of application and the accompanying documents that are presented under section 16 of this chapter, the secretary of state shall do the following:
(1) Issue to the appointed supervisors a certificate of organization indicating that the district is reestablished with boundaries incorporating the territory defined in the notarized letter of application presented under section 16 of this chapter.
(2) Record the certificate of organization with the letter of application and accompanying documents in an appropriate record.
(3) Issue to the supervisors of any existing district lying entirely within the boundaries of the newly reestablished district a certificate of dissolution of the existing district.
(4) Record the certificate of dissolution in an appropriate record.
(b) On the date the secretary of state issues the certificates required by subsection (a):
(1) all property and responsibilities of any existing district lying entirely within the boundaries of the newly reestablished district are assumed by the reestablished district; and
(2) any existing district lying entirely within the boundaries of the newly reestablished district ceases to exist.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-18. Elected Supervisors; Petitions for Nomination

Sec. 18. (a) After the secretary of state issues a certificate of organization to the supervisors of a newly reestablished district under section 17 of this chapter, the board shall, when appropriate, circulate petitions for the nomination of candidates for the three (3) elected supervisor positions of the reestablished district. The petitions must be filed with the board not more than sixty (60) days after the secretary of state issues the certificate of organization. However, the board may extend the time within which the petitions may be filed.
(b) To be valid, a nominating petition must meet the following conditions:
(1) The candidate named on the petition must meet the qualifications for elected supervisors set forth in IC 14-32-4-1(b).
(2) The petition must be signed by at least twenty-five (25) land occupiers whose tracts of land are located within the district.
(c) A land occupier may sign more than one (1) petition to nominate more than one (1) candidate.
(d) Not more than thirty (30) days after receiving at least four (4) valid nominating petitions, the board shall do the following:
(1) Give due notice that an election, by secret ballot, will be held to elect the three (3) supervisors of the newly reestablished district.
(2) Prescribe appropriate procedures for the conduct of the election and the determination of the eligibility of voters.
(3) Supervise the conduct of the election.
(4) Publish the results of the election.
(5) Pay all expenses arising from the issuance of notices and the holding of the election.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-19. Election of Supervisors; Contents of Ballots

Sec. 19. (a) The ballot provided for the initial election of supervisors of a newly reestablished district must contain the following:
(1) The names, in alphabetical order of the surnames, of all the nominees on behalf of whom valid nominating petitions have been filed.
(2) A square in front of each name.
(3) Instruction to insert an X mark in the square before any three (3) of the names to indicate the voter's preference.
(b) A land occupier whose tract of land is located within the newly reestablished district is eligible to vote in the election.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-20. Elected Supervisors; Terms

Sec. 20. (a) The three (3) candidates who receive the largest number of votes cast in the initial election of supervisors of a newly reestablished district are elected.
(b) The terms of office of the elected supervisors are as follows:
(1) The individual receiving the highest number of votes has a three (3) year term of office.
(2) The individual receiving the second highest number of votes has a two (2) year term of office.
(3) The individual receiving the third highest number of votes has a (1) year term of office.
(c) If a tie vote occurs among the three individuals elected as supervisors, the terms of office for those receiving the same number of votes shall be decided by lot.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-21. Elected Supervisors; Oath of Office; Commencement of Term

Sec. 21. (a) The five (5) initial supervisors of a newly reestablished district shall assume the duties of office upon taking and signing an oath of office. The oath shall be administered:
(1) to the two (2) appointed supervisors at the date of their appointment by the board; and
(2) to the three (3) elected supervisors within one (1) week after publication by the board of the results of the election.
(b) An appointed supervisor holding office when a district is reestablished under sections 15 through 21 of this chapter is discharged from office when the initial appointed supervisors of the reestablished district assume the duties of office under subsection (a). An elected supervisor holding office when a district is reestablished under sections 15 through 21 of this chapter is discharged from office when the initial elected supervisors of the reestablished district assume the duties of office under subsection (a).
(c) Although an initial supervisor assumes the duties of office at the time set forth in subsection (a), the term of office of the supervisor does not begin until the conclusion of the first annual meeting of the newly reestablished district for purposes of determining the expiration of the supervisor's term of office.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-22. Dissolution; Procedures; Certificate

Sec. 22. (a) To proceed with the dissolution of a district under section 14(b) of this chapter in accordance with the results of an election, the supervisors of the district, upon notification of the results of the election, shall do the following:
(1) Begin immediately to terminate the affairs of the district.
(2) Dispose of all property belonging to the district at public auction and pay over the proceeds of the sale into the state treasury.
(3) File with the secretary of state a notarized letter of application for dissolution of the district that:
(A) recites that the property of the district has been disposed of and the proceeds of the sale paid over as required by this section; and
(B) sets forth a full accounting of the property and proceeds of the sale.
(4) Transmit with the letter of application a copy of the certification by the board of the results of the election on the local public question of whether to dissolve the district.
(b) Upon receipt, examination, and approval of the letter of application and accompanying required document, the secretary of state shall do the following:
(1) Issue to the supervisors a certificate of dissolution.
(2) Record the certificate with the letter of application and accompanying required document in an appropriate record.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-23. Dissolution; Contracts Remain in Force

Sec. 23. (a) Despite the issuance of a certificate of dissolution of a district under section 22 of this chapter, all contracts to which the district is a party remain in force and effect for the period provided in the contracts.
(b) The board:
(1) is substituted for the district as party to the contracts;
(2) is entitled to all benefits and subject to all liabilities under the contracts; and
(3) has the same right and obligation under the contracts as the district would have had to:
(A) perform;
(B) require performance;
(C) sue and be sued; and
(D) modify or terminate the contracts by mutual consent or otherwise.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-24. Denial of Petition for Change in Boundaries; Delay Before Similar Request Considered

Sec. 24. If a valid petition requesting a change in the boundaries of a district or the dissolution of a district has been denied due to:
(1) the determination of the board after a public hearing; or
(2) the results of an election held on the local public question;
the board may not consider a later petition containing the same request or a similar request until two (2) years after the denial of the original petition.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 6.5. Changing the Boundaries of a District or Dissolving a District › 14-32-6.5-25. Procedures for Organization of New District in Same Territory as Dissolved District

Sec. 25. If a district is dissolved under this chapter, the board may prescribe the procedure under which a new district may be organized within the territory encompassed by the dissolved district.
As added by P.L.136-1997, SEC.35.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-1. Policy of Department

Sec. 1. (a) The general assembly recognizes the following:
(1) That the land resource of Indiana, including the principal elements of geology, landscape, and soils, is one (1) of the basic natural resources of Indiana.
(2) That an ever increasing demand upon the fixed and limited land resource is resulting from a growing population, with the accompanying expansions in commercial, industrial, transportation, recreation, and cultural development and the continuing need for an adequate agricultural base for the production of food and fiber.
(3) That conservation of the land resource is essential to protect and promote the public health, safety, and welfare.
(4) That the task of conservation can only be accomplished through a factual knowledge and understanding of the land resource.
(b) Therefore, it is the policy of the general assembly that the state promote and participate in the conservation of the land resource of Indiana by doing the following:
(1) Providing new or expanded means for the securing, development, and furnishing to land use decision makers of adequate factual knowledge concerning the geology, landscape, and soils of Indiana, including their potentials, limitations, and interrelationships, in the manner set forth in this chapter.
(2) Strengthening the capabilities of local soil and water conservation districts.
(3) Expanding the level of small watershed planning for soil and water conservation measures.
[Pre-1995 Recodification Citation: 13-4-3-2.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.36.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-2. "Geology"

Sec. 2. As used in this chapter, "geology" means the study of the following:
(1) Earth materials, which are minerals, rocks, water, and soil.
(2) The processes that have formed earth materials.
[Pre-1995 Recodification Citation: 13-4-3-3(f).]
As added by P.L.1-1995, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-3. "Land Conservation"

Sec. 3. As used in this chapter, "land conservation" means the wise use of land:
(1) for the satisfaction of human needs; and
(2) based upon knowledge and understanding of the land's capabilities and limitations.
[Pre-1995 Recodification Citation: 13-4-3-3(c).]
As added by P.L.1-1995, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-4. "Landscape"

Sec. 4. As used in this chapter, "landscape" means the aggregate of all factors and features that constitute the total visual and perceptive impact of a given area of the earth's surface upon the human senses.
[Pre-1995 Recodification Citation: 13-4-3-3(h).]
As added by P.L.1-1995, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-5. "Soil"

Sec. 5. As used in this chapter, "soil" means the surface layer of the earth that serves as a natural medium for the growth of plant life.
[Pre-1995 Recodification Citation: 13-4-3-3(d).]
As added by P.L.1-1995, SEC.25.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-6. Division of Soil Conservation; Administration and Coordination of Duties and Responsibilities of Department of Agriculture; Annual Report

Sec. 6. (a) The division of soil conservation:
(1) shall administer and coordinate the duties and responsibilities of the Indiana state department of agriculture under the land resource programs authorized by this chapter; and
(2) in carrying out its duties under subdivision (1), may work in cooperation with the following:
(A) Federal and state agencies.
(B) Local governmental agencies involved in land use planning and zoning.
(C) Any person, firm, institution, or agency, public or private, having an interest in land conservation.
(b) The Indiana state department of agriculture may employ the personnel and provide facilities and services that are necessary to carry out the Indiana state department of agriculture's duties and responsibilities under this chapter.
(c) The Indiana state department of agriculture shall prepare an annual report of the division of soil conservation's expenditures and accomplishments and that contains a proposed business plan.
[Pre-1995 Recodification Citation: 13-4-3-4.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.37; P.L.1-2006, SEC.223; P.L.175-2006, SEC.15; P.L.120-2008, SEC.16.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-7. "Urban Geology Survey"

Sec. 7. (a) As used in this section, "urban geology survey" means a systematic scientific identification, inventory, and mapping of the earth materials of a given area that sets forth the capabilities, potentials, and limitations of the earth materials for human needs.
(b) The Indiana state department of agriculture shall use the money appropriated by the general assembly to initiate and carry out a program of urban geology surveys, together with other geologic investigations, for Indiana to develop and present the geologic data and information necessary to a coordinated land conservation program that will promote sound land use decisions.
[Pre-1995 Recodification Citations: 13-4-3-3(g); 13-4-3-6.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.38; P.L.1-2006, SEC.224; P.L.120-2008, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-8. "Landscape Survey"

Sec. 8. (a) As used in this section, "landscape survey" means a systematic scientific identification, inventory, and mapping of the features of the earth's surface that serve to constitute the landscape of a given area, including key factors such as the following:
(1) Land form.
(2) Vegetation.
(3) Wildlife.
(4) Physical characteristics.
(5) Visual perception.
(6) Historical and cultural sites.
(b) The Indiana state department of agriculture shall use the money appropriated by the general assembly to initiate and carry out a program of landscape surveys for Indiana to develop and present the surficial landscape data and information necessary to promote wise land use decisions.
[Pre-1995 Recodification Citations: 13-4-3-3(i); 13-4-3-7.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.39; P.L.1-2006, SEC.225; P.L.120-2008, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-8.5. "Soil Surveys and Geographic Information Systems"

Sec. 8.5. (a) As used in this section, "soil survey" means a systematic scientific identification, inventory, and mapping of the soils of a given area that sets forth the capabilities, potential, and limitations of the soils in the satisfaction of human needs.
(b) The Indiana state department of agriculture shall use the money appropriated by the general assembly to implement and supplement a program of modern soil surveys and geographic information systems (GIS) for Indiana that will, within the shortest practicable time, provide a modern soil survey and geographic information system for each county as an essential tool in land conservation.
As added by P.L.136-1997, SEC.40. Amended by P.L.1-2006, SEC.226; P.L.175-2006, SEC.16; P.L.120-2008, SEC.19.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-9. Support and Assistance to Local Soil and Water Conservation Districts

Sec. 9. The Indiana state department of agriculture shall provide more support and assistance to the local soil and water conservation districts by:
(1) granting to the districts the additional money that is appropriated by the general assembly; and
(2) increased coordination and consultative services;
to obtain increased participation by the districts in the development of improved local land use practices and decisions.
[Pre-1995 Recodification Citation: 13-4-3-8.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.41; P.L.1-2006, SEC.227; P.L.120-2008, SEC.20.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-10. Appropriations; Uses

Sec. 10. The Indiana state department of agriculture shall use the money appropriated by the general assembly to expand the small watershed planning program as carried out in cooperation with the Natural Resources Conservation Service of the United States Department of Agriculture under 16 U.S.C. 1001 et seq., to reduce the accumulation of approved watershed planning requests and expedite the realization of the multiple benefits of this soil and water conservation program.
[Pre-1995 Recodification Citation: 13-4-3-9.]
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.228; P.L.120-2008, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-11. Coordination and Scheduling of Urban Geology Survey Program and Landscape Survey Program

Sec. 11. The Indiana state department of agriculture shall coordinate and schedule the programs authorized by sections 7 through 8 of this chapter to provide, as nearly as practicable, for concurrent completion and furnishing of the results of each program for each selected area study unit.
[Pre-1995 Recodification Citation: 13-4-3-10.]
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.229; P.L.120-2008, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-12. Duties of Soil Conservation Division

Sec. 12. (a) As used in this section, "river" includes streams and the tributaries of rivers.
(b) The division of soil conservation shall do the following:
(1) Perform all administrative duties required by the rules of the board.
(2) Provide professional assistance to districts in planning, coordinating, and training for the following:
(A) Adult soil and water conservation education.
(B) Natural resources conservation information programs for elementary and secondary schools.
(C) Supervisors and staff.
(3) Provide professional soil conservation technical assistance to districts.
(4) Provide nonagricultural soils interpretive and erosion control expertise on a regional basis.
(5) Assist the districts and other federal, state, and local entities in encouraging and monitoring compliance with those aspects of the programs that are related to erosion and sediment reduction.
(6) Administer a cost share program for installation of erosion control structural measures on severely eroding cropland and for conversion of highly erodible land from crop production to permanent vegetative cover.
(7) Provide professional assistance to districts in conservation needs assessments, program development, and program evaluation.
[Pre-1995 Recodification Citation: 13-3-1-14.]
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997, SEC.42; P.L.175-2006, SEC.17; P.L.95-2016, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 7. Duties of Department › 14-32-7-13. Administration

Sec. 13. The Indiana state department of agriculture shall administer this article subject to the direction of the board.
[Pre-1995 Recodification Citation: 13-3-1-13.]
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.230; P.L.120-2008, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-4. Program Established

Sec. 4. The clean water Indiana program is established. The division of soil conservation established within the department of agriculture by IC 15-11-4-1 shall administer the program subject to the direction of the board.
As added by P.L.160-1999, SEC.4. Amended by P.L.1-2006, SEC.231; P.L.2-2008, SEC.36.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-5. Purpose of Program

Sec. 5. The purpose of the program is to provide financial assistance to:
(1) soil and water conservation districts;
(2) land occupiers; and
(3) conservation groups;
to implement conservation practices to reduce nonpoint sources of water pollution through education, technical assistance, training, and cost sharing programs.
As added by P.L.160-1999, SEC.4. Amended by P.L.175-2006, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-6. Clean Water Indiana Fund

Sec. 6. (a) The clean water Indiana fund is established to carry out the purposes of this chapter. The fund shall be administered by the division of soil conservation subject to the direction of the board.
(b) The fund consists of:
(1) amounts deposited in the fund under IC 6-7-1-29.3;
(2) amounts appropriated by the general assembly; and
(3) donations, grants, and money received from any other source.
(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 or any other fund but remains in the fund to be used for the purposes of the fund.
As added by P.L.160-1999, SEC.4. Amended by P.L.241-2005, SEC.5; P.L.24-2009, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-7. Expenditures From Fund

Sec. 7. Money in the fund may be spent in the following ways:
(1) To increase district technical assistance in local conservation efforts.
(2) To develop an environmental stewardship program to assist land occupiers in complying with environmental regulations voluntarily.
(3) To qualify for federal matching funds.
(4) To provide for the following cost sharing programs:
(A) A program to encourage land occupiers to implement conservation practices to reduce nutrient, pesticide, and sediment runoff.
(B) Programs that encourage land occupiers to implement nutrient management programs by sharing the cost of any of the following:
(i) Fencing for intensive grazing systems.
(ii) Purchasing nutrient management equipment.
(iii) Voluntary environmental audits.
(iv) Other similar expenditures related to nutrient management.
(5) To provide matching grants to districts for the following:
(A) Professional watershed coordinators to facilitate and administer local watershed protection projects.
(B) District managers to administer district conservation policies and programs.
(6) To increase state technical and capacity building assistance to districts and local conservation efforts by providing for the following:
(A) Capacity building specialists to train district personnel in grant writing, grant administration, and leadership development.
(B) Conservation education specialists to help implement district conservation education efforts.
(C) Urban storm water specialists to provide technical assistance to developers to contain soil erosion on construction sites.
(7) To make distributions as provided under section 8 of this chapter.
(8) Implementation of geographic information systems (GIS) or similar technology.
As added by P.L.160-1999, SEC.4. Amended by P.L.175-2006, SEC.19; P.L.129-2011, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-8. Matching Funds From Division of Soil Conservation

Sec. 8. (a) In addition to funds provided to a district under section 7 of this chapter or from any other source, the division of soil conservation shall pay to the district one dollar ($1) for every one dollar ($1) the district receives:
(1) from a political subdivision; or
(2) if a district receives no funding from a political subdivision, from any other funding source.
The board shall consider funds received from a source referred to in subdivision (2) as qualifying for matching payments under this subsection.
(b) Except as provided in section 8.2 of this chapter, the state is not obligated to match more than ten thousand dollars ($10,000) under this section.
(c) In order to receive funding under this section each year, a district must certify to the division of soil conservation the amount of money the district received from all sources described in subsection (a)(1) or (a)(2) during the one (1) year period beginning January 1 of the previous year. The information prepared under this subsection must be part of the annual financial statement prepared and provided to the board under IC 14-32-4-22. The division of soil conservation shall make distributions under this section not later than July 15 of each year.
(d) Before making distributions under this section, the division of soil conservation shall determine the total amount of money that has been certified by all districts as having been provided by sources described in subsection (a)(1) or (a)(2). If the cumulative amount to be distributed to all districts exceeds the amount appropriated to the fund, the division of soil conservation shall reduce the distribution to each district proportionately.
(e) A district must spend money received under this section for the purposes of the district.
As added by P.L.160-1999, SEC.4. Amended by P.L.155-2002, SEC.9 and P.L.158-2002, SEC.8; P.L.175-2006, SEC.20; P.L.1-2007, SEC.129; P.L.95-2016, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 32. Soil and Water Conservation › Chapter 8. Clean Water Indiana Program › 14-32-8-8.2. Limit on Matching Funds From Division if District Territory Is Larger Than One County

Sec. 8.2. (a) This section applies to a district if, as the result of:
(1) the merger of two (2) or more districts; or
(2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5;
the territory of the district is larger than the entire area of one (1) county.
(b) The limit in section 8(b) of this chapter on the funds from political subdivisions that the state may be obligated to match shall be adjusted under this section in the case of a district described in subsection (a).
(c) If the territory of a district includes the entire area of two (2) or more counties, the limit on the funds from political subdivisions that the state may be obligated to match is ten thousand dollars ($10,000) multiplied by a whole number equal to the number of counties whose entire area is included in the territory of the district.
(d) If the territory of a district includes some of but less than the entire area of a particular county, the limit on the funds from political subdivisions that the state may be obligated to match is the sum of:
(1) ten thousand dollars ($10,000) multiplied by a percentage equal to the percentage of the particular county's entire area that is included in the territory of the district; plus
(2) either:
(A) ten thousand dollars ($10,000), if the territory of the district also includes all the area of one (1) other county; or
(B) the figure calculated under subsection (c), if the territory of the district also includes all the area of two (2) or more counties.
As added by P.L.95-2016, SEC.5.