312 IAC 22.5-2-2 - Requirement of a prior development plan

Authority: IC 14-21-1-25; IC 14-21-1-31

Affected: IC 8-1-2-1; IC 8-1-13; IC 14-9-4; IC 14-21-1; IC 14-34

Sec. 2.

(a) Except as provided in subsection (b), a person must receive and comply with a development plan approved under this rule before disturbing the ground within one hundred (100) feet of a cemetery to erect, alter, or repair a structure.

(b) This rule does not apply to the following:

(1) A public utility (as defined by IC 8-1-2-1(a) ).

(2) A corporation organized 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.

(5) A government entity other than the state.

Notes

312 IAC 22.5-2-2

Natural Resources Commission; 312 IAC 22.5-2-2; filed Jul 17, 2002, 3:40 p.m.: 25 IR 4075; errata filed Sep 11, 2002, 2:00 p.m.: 26 IR 383; readopted filed Sep 19, 2008, 10:25 a.m.: 20081008-IR-312080534RFA Readopted filed 9/22/2014, 12:39 p.m.: 20141022-IR-312140106RFA Readopted filed 5/20/2020, 9:57 a.m.: 20200617-IR-312200181RFA