Sec. 25. (a) The commission shall adopt rules establishing standards for plans.
(b) With respect to archeological plans, the rules must impose a standard of conduct that does the following:
(1) Promotes the scientific investigation and conservation of past cultures.
(2) Considers the interests and expertise of amateur archeologists and professional archeologists.
(c) With respect to development plans, the rules must impose a standard of conduct that preserves and protects both of the following:
(1) The rights and interests of landowners.
(2) The sensitivity of human beings for treating human remains with respect and dignity, as determined by the commission.
(d) Subject to subsection (e), plans required under this chapter must be submitted to the department for approval according to rules adopted by the commission.
(e) Proposed plans submitted to the department must be:
(1) approved;
(2) denied; or
(3) held because of the need for additional information;
by the department not more than sixty (60) days after the date of submission. If the department does not take any action on the plan within the time required by this subsection, the plan is considered to be approved, unless approval is prohibited under a state or federal law. If the department requests additional information under subdivision (3), the department shall approve or deny the resubmitted plan not more than thirty (30) days after the resubmitted plan is received.
[Pre-1995 Recodification Citation: 14-3-3.4-14.]
As added by P.L.1-1995, SEC.14. Amended by P.L.46-2000, SEC.9; P.L.26-2008, SEC.6.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 21. Historic Preservation and Archeology
Chapter 1. Division of Historic Preservation and Archeology
14-21-1-1. Applicability of Chapter
14-21-1-3. "Burial Ground" Defined
14-21-1-4. "Burial Object" Defined
14-21-1-7. "Human Remains" Defined
14-21-1-8. "Plan", "Archeological Plan", and "Development Plan" Defined
14-21-1-10. "Review Board" Defined
14-21-1-10.4. "State College or University Project" Defined
14-21-1-11. Administration and Development of Programs and Policies
14-21-1-12. Duties of Division
14-21-1-13. Powers of Division
14-21-1-13.5. Survey and Registry of Indiana Burial Grounds
14-21-1-14. Duties Upon Proposed Transfers of Property by the State
14-21-1-15. Duties Regarding Registers and Federal Preservation Grants
14-21-1-16. Field Investigations or Alteration of Historic Property Without Permit
14-21-1-17. Additions to or Removals From Register
14-21-1-18.6. Publication and Submission of Proposed Substantial Changes to Historic Properties
14-21-1-19. Director as State Historic Preservation Officer
14-21-1-20. Review Board; Establishment; Members
14-21-1-21. Review Board; Chairman
14-21-1-22. Review Board; Duties
14-21-1-23. Review Board; per Diem Compensation and Traveling Expenses
14-21-1-24. Applicability of Statutes Regarding Disturbance of Grounds
14-21-1-25. Rules Concerning Standards for Plans; Action on Submitted Plans
14-21-1-25.5. Notice of Discovered Burial Ground; Recommendations
14-21-1-26. Disturbing Ground to Discover Artifacts, Burial Objects, or Human Remains; Penalty
14-21-1-26.5. Development Plan Requirements; Penalty
14-21-1-27. Duties When Buried Human Remains or Burial Grounds Are Disturbed; Penalty
14-21-1-28. Penalty for Disturbing Human Remains or Grave Markers
14-21-1-29. Duty Upon Discovering Artifacts or Burial Objects; Penalty
14-21-1-30. Amateur Groups Encouraged to Establish Codes of Ethics
14-21-1-32. Confidential Archeological Site Information
14-21-1-33. Persons Authorized to Accompany Conservation Officers to Determine Violations
14-21-1-34. Homeowner Assistance Program; Archeology Preservation Trust Fund