Current through October 31, 2024
Section 312 IAC 22-2-4 - Notification and permit conditionsAuthority: IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1; IC 23-14
Sec. 4.
(a) Except as provided in subsections (c) through (d), a person who discovers an artifact or a burial object while disturbing the ground for a purpose other than the discovery of artifacts or burial objects must do the following: (1) Immediately cease disturbing the ground.(2) Notify the department within two (2) business days after the time of disturbance.(b) After a notification made under subsection (a) is received, the department may do either of the following:(1) Authorize the person to continue the ground disturbing activity with or without conditions.(2) Require that continued ground disturbance activity be conducted only under a plan approved under this article. However, this subdivision does not apply if the department does not respond within thirty (30) days from the date that the department receives the notification.(c) A person who disturbs any human remains must do the following: (1) Immediately cease disturbing the ground.(2) Notify the department within two (2) business days after the time of the disturbance.(d) After a notification made under subsection (c) is received, the department may do any of the following: (1) Require the person to submit additional information to enable the department an informed determination whether the disturbed human remains are exempt from IC 14-21-1 and this article. Exempt human remains shall be treated and reburied under IC 23-14.(2) Authorize the person to continue the ground disturbing activity with or without conditions.(3) Require that continued ground disturbance activity be conducted only under a permit issued under this article.Natural Resources Commission; 312 IAC 22-2-4; filed Jun 21, 2001, 2:35 p.m.: 24 IR 3378; readopted filed Jul 19, 2007, 12:30 p.m.: 20070808-IR-312070192RFA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFAReadopted filed 3/26/2019, 3:39 p.m.: 20190424-IR-312190004RFA