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. > > > > > >==== INPCRP Mailing List ==== >To UNSUBSCRIBE, send message consisting only of >"UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > >