327 Ind. Admin. Code 6.1-2-34

Current through December 4, 2024

Section 327 IAC 6.1-2-34 - "Land with a high potential for public exposure" defined

Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-12-4

Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18; IC 13-30-2-1

Sec. 34.

(a) "Land with a high potential for public exposure" means land that:

(1) does not have restricted access;

(2) is easily accessible to the public; or

(3) is used by the public during normal work or recreational activities.

(b) Examples include, but are not limited to, the following:

(1) Public parks and forests.

(2) Athletic fields.

(3) Cemeteries.

(4) Agricultural land that is:

(A) used for growing food crops; and

(B) open to the public for any period of time.

(5) Plant nurseries.

(6) Turf farms.

(7) Golf courses.

(8) Strip mine reclamation areas located in a populated area or accessible to the public.

(9) Industrial sites located in a populated area or accessible to the public.

(10) Construction sites located in a populated area or accessible to the public.

(11) Other sites that the commissioner may consider to have a high potential for public exposure based on any of the following:

(A) Existing public roads.

(B) Population density.

(C) Recreational opportunity.

(D) Infrastructure development.

(E) Level of management of property.

327 IAC 6.1-2-34

Water Pollution Control Board; 327 IAC 6.1-2-34; filed May 15, 1998, 10:20 a.m.: 21 IR 3781; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA

Readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA