CHAPTER 3. SAND AND GRAVEL PERMITS
IC 14-29-3
Chapter 3. Sand and Gravel Permits
IC 14-29-3-1
Permit issuance
Sec. 1. The department may issue a permit to a person to take
sand, gravel, stone, or other mineral or substance from or under the
bed of the navigable water of Indiana.
As added by P.L.1-1995, SEC.22.
IC 14-29-3-2
Area, substance, and fees for permit
Sec. 2. In issuing a permit under this chapter, the department shall
do the following:
(1) Fix by the permit the area within which it is lawful and in
the best interests of the state to permit the taking by the
permittee of the mineral or substance.
(2) Fix by the permit and collect from the permittee when due
the amount of the reasonable value of the mineral or substance
to be taken, measured by weight, cubic dimensions, or other
common and usual measurement.
(3) Collect a fee of fifty dollars ($50) for each permit issued.
As added by P.L.1-1995, SEC.22.
IC 14-29-3-3
Conditions of permit
Sec. 3. (a) A permit issued under this chapter must include the
following conditions:
(1) The permittee shall give bond in the amount and with surety
approved by the department for full and prompt compliance
with the terms and conditions of the permit.
(2) The permittee shall, monthly or quarterly as the department
stipulates, make to the department a verified report and full
account and payment for all mineral or substance taken during
the preceding month or quarter.
(3) The department may, at any time in reasonable hours,
inspect the following:
(A) All books, papers, and records of the permittee relating
to the account.
(B) The works and workings of the permittee.
(4) The department may revoke or suspend the permit for the
failure of the permittee to comply with this chapter or with the
terms and conditions of the permit.
(5) Subject to suspension or revocation, the permit will remain
in force for the period that the department determines, not to
exceed five (5) years from the date of issuance. However, the
permit may be renewed by the permittee by written application
filed with the department six (6) months before expiration of
the permit.
(6) The works, workings, and operations under the permit must
not do any of the following:
(A) Impede the navigation of the water.
(B) Damage or endanger a bridge, highway, railroad, public
work, utility, or the property of a riparian owner or adjoining
proprietor or adjacent permittee.
(C) Endanger the lives of individuals.
(7) The permittee shall take the measures, to be determined by
the department and stipulated in the permit, that are reasonable
to avoid the damage and danger.
(b) The department may also prescribe other reasonable
conditions in the permit that are in the best interests of the state.
As added by P.L.1-1995, SEC.22.
IC 14-29-3-4
Taking without permit
Sec. 4. (a) A person who knowingly takes sand, gravel, stone, or
other mineral or substance from or under the bed of the navigable
water of Indiana without a permit commits a Class B infraction.
(b) Each day a violation continues constitutes a separate
infraction.
As added by P.L.1-1995, SEC.22. Amended by P.L.71-2004, SEC.24.