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.