Indiana § 14-21-1-25.1 - Application for approval of a development plan to discover artifacts, burial objects, or human remains; penalty

§ 14-21-1-25.1. Application for approval of a development plan to discover artifacts, burial objects, or human remains; penalty

Sec. 25.1. An application for approval of a development plan under section 26.5 of this chapter must be filed with the division and include the following:

(1) A signed cover letter from the applicant on letterhead with the following information:

(A) The identity of the person who will conduct the project.

(B) The overall nature and time frame of the project.

(C) The location of the project by section, township, range, county, and address.

(D) Information regarding any prior disturbance to the area.

(E) A statement regarding whether federal or state funds or licenses are involved in the project.

(2) Mapping to show the location of the burial ground or cemetery in relation to the project that includes the following:

(A) Construction details for any activity within one hundred (100) feet of the burial ground or cemetery.

(B) References to nearby landmarks.

(C) The location of the burial ground or cemetery and the project area on the appropriate U.S. Geological Survey U.S. TOPO: Maps for America.

(3) A description of the burial ground or cemetery sufficient to evaluate the likely impact of the project, including the following:

(A) Any name of the burial ground or cemetery.

(B) The dates the burial ground or cemetery has been used.

(C) Historical information and documentation.

(D) Precise boundaries that reference nearby landmarks. If documentation is not available to identify the burial ground or cemetery boundaries, the applicant may be required to determine those boundaries through the following:

(i) Remote sensing.

(ii) Investigations by archeologists.

(iii) Another scientific method approved by the division.

(E) The physical condition of the burial ground or cemetery.

(4) A description of the grounds adjacent to and within one hundred (100) feet of the burial ground or cemetery, including the following:

(A) The nature, depth, and degree of previous disturbances, including those caused by:

(i) construction;

(ii) excavation;

(iii) grading; or

(iv) filling.

(B) A description of soil, by type, present at the site, including an explanation of how the soil would be:

(i) disturbed;

(ii) graded;

(iii) modified;

(iv) removed; or

(v) otherwise treated.

(C) A description of each structure.

(D) A description of the activities anticipated to:

(i) erect;

(ii) alter; or

(iii) repair;

a structure.

(E) Each area that may contain new construction in connection with the proposed construction areas.

(5) Recent photographs of the burial ground or cemetery and the grounds adjacent to and within one hundred (100) feet of the burial ground or cemetery.

As added by P.L.123-2026, SEC.28.