CHAPTER 4. STATE FOREST MANAGEMENT
IC 14-23-4
Chapter 4. State Forest Management
IC 14-23-4-1
Legislative intent
Sec. 1. (a) It is the public policy of Indiana to protect and
conserve the timber, water resources, wildlife, and topsoil in the
forests owned and operated by the division of forestry for the equal
enjoyment and guaranteed use of future generations. However, by the
employment of good husbandry, timber that has a substantial
commercial value may be removed in a manner that benefits the
growth of saplings and other trees by thinnings, improvement
cuttings, and harvest processes and at the same time provides a
source of revenue to the state and counties and provides local
markets with a further source of building material.
(b) Notwithstanding subsection (a), IC 13-12-4 does not apply to
forestry management practices of the division of forestry.
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.27.
IC 14-23-4-2
"Merchantable timber" defined
Sec. 2. As used in this chapter, "merchantable timber" means
timber, trees, and parts of trees that can be used for sawtimber,
veneer, poles, posts, pulp, and any other product using wood or parts
of trees.
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.28.
IC 14-23-4-3
Permits, leases, and contracts
Sec. 3. (a) The department may issue permits, execute leases, or
contract for the removal of merchantable timber from the state
forests under this chapter. A permit, lease, or contract must do the
following:
(1) Determine and fix the area within which it is lawful and in
the best interests of the state to permit the removal of timber.
(2) Specify the nature of the timber to be removed.
(b) A permit, lease, or contract must include specific provisions
for at least the following:
(1) Adequate fire prevention measures.
(2) The completion of harvesting operations, which includes the
disposition of the slash and repair of rights-of-way.
(3) Granting of rights-of-way.
(4) Compliance with rules adopted by the department to carry
out this chapter.
(5) Reports to the department by the person authorized to
remove the timber.
(6) Authorization for the state forester or the state forester's
designee to inspect the activities.
(7) Revocation of permits for failure to comply with any of the
following:
(A) This chapter.
(B) Rules adopted under this chapter.
As added by P.L.1-1995, SEC.16.
IC 14-23-4-4
Removal and sale of merchantable timber; investigations and
inspections
Sec. 4. (a) The state forester or the state forester's designee shall
investigate the feasibility of the department entering into
arrangements for removal and sale of merchantable timber, taking
into consideration the following:
(1) Local market conditions.
(2) Adaptability of terrain for cutting and removal of timber.
(3) Potential hazards to surrounding stands of timber.
(4) Other matters that the department requests.
(b) The state forester or the state forester's designee shall inspect
areas in which timber is removed to determine if cutting and removal
of timber is conducted in a manner that protects and preserves topsoil
and surrounding growths.
As added by P.L.1-1995, SEC.16.
IC 14-23-4-5
Allocation of receipts
Sec. 5. (a) The net receipts derived from or by virtue of a permit,
lease, or contract entered into or issued under this chapter or from or
by any operations under this chapter shall be paid as follows:
(1) Eighty-five percent (85%) of the net receipts shall be
deposited in the state forestry fund.
(2) Fifteen percent (15%) of the net receipts shall be deposited
in the general fund of the county in which the state forest is
located.
(b) If the land of a state forest is situated in at least two (2)
counties, the receipts shall be allocated to the counties pro rata as
determined on the basis of the acreage of each county that is:
(1) within the state forest; and
(2) subject to the permit, lease, or contract.
(c) All distributions under this section shall be made after
deducting all costs incurred by the department relating to the
operations.
As added by P.L.1-1995, SEC.16.
IC 14-23-4-6
Payments to counties; distributions to fire departments
Sec. 6. (a) Pro rata payments to a county shall be made at the
close of each fiscal year on a fiscal year basis. The payments shall be
made to the county by certification on the part of the department of
the specific amounts due the county upon submission by the county
of state vouchers stating the amounts due. The payments shall be
made by the department in the same manner and procedure as other
voucher claims upon the state are paid.
(b) Subject to subsection (c), fifty percent (50%) of the payments
made to each county under this section shall be appropriated and
equally distributed to the volunteer fire departments within the
county that have a cooperative lease agreement or contract with the
division of forestry.
(c) Unless the county legislative body allows a greater
distribution, each fire department is limited to receiving a maximum
annual distribution under this section of one thousand dollars
($1,000).
As added by P.L.1-1995, SEC.16. Amended by P.L.66-2006, SEC.29.