Tom,
There must be a misprint here. (b) (1) and (2) are identical after the
words "must be approved" and "is not required." I guess (b) (1)
would
have to have the word "not" removed for the difference between the two
statements to make sense.
That being said, I wonder what the common understanding is for "disturbing
the burial ground or cemetery." I'm not trying to be funny, I know it
should be obvious. But lately some messages have reported that some
developers may have a different opinion about what that means.
Sharon Mills
At 02:05 PM 10/30/01 EST, you wrote:
Hello everyone. This is for those without the IC 14-21-1-26.5
For purposes of the statute the term " department " refers to DNR.
Sec.26.5 (A) Notwithstanding IC23-14-44-1, This section does not apply to
the
following:
(1) A public utility ( as defined in IC 8-1-2-1 (a) ).
(2) A corporation organised 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.
Except as provided in this subsection, subsection (b), and subsection
(c), 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 without having a development plan approved by the department under
section 25 of this chapter or in violation of a development plan approved by
the department under section 25 of this chapter. The department must reveiw
the development plan not less than 60 days after the development plan is
submitted.
(b) A development plan:
(1) must be approved if a person intends to erect, alter, or repair an
existing structure for an incidental or excisting use that would not impact
the buriel ground or cemetery; and
(2) is not reguired if a person intends to erect, alter, or repair an
excisting structure for an incidental or existing use that would not impact
the burial ground or cemetery.
(c) A development plan for a govermental intity to disturb ground within a
hundred (100) feet of a burial ground or cemetery must be approved as
follows:
(1) A development plan of a municipality reguires 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 wether to approve a development plan.
(2) A development plan of a govermental entity other than:
(A) A municipality; or
(B) the state;
requires the approval of the execfutive of the county where the govermental
entity is located and does not require the approval of the department.
However, if the govermental 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 a county executive on wether to approve a
developmental plan.
(3) A developmental plan of the state requires the approval of the
department.
(d) 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 distrubs buried human remains or grave markers while
committing the offense.
As added by P.L.46-2000, Sec.10, Amended by P.L.177-2001, SEC.3.
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