CHAPTER 7. DUTIES OF DEPARTMENT
IC 14-32-7
Chapter 7. Duties of Department
IC 14-32-7-1
Policy of department
Sec. 1. (a) The general assembly recognizes the following:
(1) That the land resource of Indiana, including the principal
elements of geology, landscape, and soils, is one (1) of the basic
natural resources of Indiana.
(2) That an ever increasing demand upon the fixed and limited
land resource is resulting from a growing population, with the
accompanying expansions in commercial, industrial,
transportation, recreation, and cultural development and the
continuing need for an adequate agricultural base for the
production of food and fiber.
(3) That conservation of the land resource is essential to protect
and promote the public health, safety, and welfare.
(4) That the task of conservation can only be accomplished
through a factual knowledge and understanding of the land
resource.
(b) Therefore, it is the policy of the general assembly that the state
promote and participate in the conservation of the land resource of
Indiana by doing the following:
(1) Providing new or expanded means for the securing,
development, and furnishing to land use decision makers of
adequate factual knowledge concerning the geology, landscape,
and soils of Indiana, including their potentials, limitations, and
interrelationships, in the manner set forth in this chapter.
(2) Strengthening the capabilities of local soil and water
conservation districts.
(3) Expanding the level of small watershed planning for soil and
water conservation measures.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.36.
IC 14-32-7-2
"Geology" defined
Sec. 2. As used in this chapter, "geology" means the study of the
following:
(1) Earth materials, which are minerals, rocks, water, and soil.
(2) The processes that have formed earth materials.
As added by P.L.1-1995, SEC.25.
IC 14-32-7-3
"Land conservation" defined
Sec. 3. As used in this chapter, "land conservation" means the
wise use of land:
(1) for the satisfaction of human needs; and
(2) based upon knowledge and understanding of the land's
capabilities and limitations.
As added by P.L.1-1995, SEC.25.
IC 14-32-7-4
"Landscape" defined
Sec. 4. As used in this chapter, "landscape" means the aggregate
of all factors and features that constitute the total visual and
perceptive impact of a given area of the earth's surface upon the
human senses.
As added by P.L.1-1995, SEC.25.
IC 14-32-7-5
"Soil" defined
Sec. 5. As used in this chapter, "soil" means the surface layer of
the earth that serves as a natural medium for the growth of plant life.
As added by P.L.1-1995, SEC.25.
IC 14-32-7-6
Division of soil conservation; administration and coordination of
duties and responsibilities of department of agriculture; annual
report
Sec. 6. (a) The division of soil conservation:
(1) shall administer and coordinate the duties and
responsibilities of the Indiana state department of agriculture
under the land resource programs authorized by this chapter;
and
(2) in carrying out its duties under subdivision (1), may work in
cooperation with the following:
(A) Federal and state agencies.
(B) Local governmental agencies involved in land use
planning and zoning.
(C) Any person, firm, institution, or agency, public or
private, having an interest in land conservation.
(b) The Indiana state department of agriculture may employ the
personnel and provide facilities and services that are necessary to
carry out the Indiana state department of agriculture's duties and
responsibilities under this chapter.
(c) The Indiana state department of agriculture shall prepare an
annual report of the division of soil conservation's expenditures and
accomplishments and that contains a proposed business plan.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.37; P.L.1-2006, SEC.223; P.L.175-2006, SEC.15;
P.L.120-2008, SEC.16.
IC 14-32-7-7
Urban geology survey
Sec. 7. (a) As used in this section, "urban geology survey" means
a systematic scientific identification, inventory, and mapping of the
earth materials of a given area that sets forth the capabilities,
potentials, and limitations of the earth materials for human needs.
(b) The Indiana state department of agriculture shall use the
money appropriated by the general assembly to initiate and carry out
a program of urban geology surveys, together with other geologic
investigations, for Indiana to develop and present the geologic data
and information necessary to a coordinated land conservation
program that will promote sound land use decisions.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.38; P.L.1-2006, SEC.224; P.L.120-2008, SEC.17.
IC 14-32-7-8
Landscape survey
Sec. 8. (a) As used in this section, "landscape survey" means a
systematic scientific identification, inventory, and mapping of the
features of the earth's surface that serve to constitute the landscape
of a given area, including key factors such as the following:
(1) Land form.
(2) Vegetation.
(3) Wildlife.
(4) Physical characteristics.
(5) Visual perception.
(6) Historical and cultural sites.
(b) The Indiana state department of agriculture shall use the
money appropriated by the general assembly to initiate and carry out
a program of landscape surveys for Indiana to develop and present
the surficial landscape data and information necessary to promote
wise land use decisions.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.39; P.L.1-2006, SEC.225; P.L.120-2008, SEC.18.
IC 14-32-7-8.5
Soil surveys and geographic information systems
Sec. 8.5. (a) As used in this section, "soil survey" means a
systematic scientific identification, inventory, and mapping of the
soils of a given area that sets forth the capabilities, potential, and
limitations of the soils in the satisfaction of human needs.
(b) The Indiana state department of agriculture shall use the
money appropriated by the general assembly to implement and
supplement a program of modern soil surveys and geographic
information systems (GIS) for Indiana that will, within the shortest
practicable time, provide a modern soil survey and geographic
information system for each county as an essential tool in land
conservation.
As added by P.L.136-1997, SEC.40. Amended by P.L.1-2006,
SEC.226; P.L.175-2006, SEC.16; P.L.120-2008, SEC.19.
IC 14-32-7-9
Support and assistance to local soil and water conservation
districts
Sec. 9. The Indiana state department of agriculture shall provide
more support and assistance to the local soil and water conservation
districts by:
(1) granting to the districts the additional money that is
appropriated by the general assembly; and
(2) increased coordination and consultative services;
to obtain increased participation by the districts in the development
of improved local land use practices and decisions.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.41; P.L.1-2006, SEC.227; P.L.120-2008, SEC.20.
IC 14-32-7-10
Appropriations; uses
Sec. 10. The Indiana state department of agriculture shall use the
money appropriated by the general assembly to expand the small
watershed planning program as carried out in cooperation with the
Natural Resources Conservation Service of the United States
Department of Agriculture under 16 U.S.C. 1001 et seq., to reduce
the accumulation of approved watershed planning requests and
expedite the realization of the multiple benefits of this soil and water
conservation program.
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.228;
P.L.120-2008, SEC.21.
IC 14-32-7-11
Coordination and scheduling of urban geology survey program and
landscape survey program
Sec. 11. The Indiana state department of agriculture shall
coordinate and schedule the programs authorized by sections 7
through 8 of this chapter to provide, as nearly as practicable, for
concurrent completion and furnishing of the results of each program
for each selected area study unit.
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.229;
P.L.120-2008, SEC.22.
IC 14-32-7-12
Duties of soil conservation division
Sec. 12. (a) As used in this section, "river" includes streams and
the tributaries of rivers.
(b) The division of soil conservation shall do the following:
(1) Perform all administrative duties required by the rules of the
board.
(2) Provide professional assistance to districts in planning,
coordinating, and training for the following:
(A) Adult soil and water conservation education.
(B) Natural resources conservation information programs for
elementary and secondary schools.
(C) Supervisors and staff.
(3) Provide professional soil conservation technical assistance
to districts.
(4) Provide nonagricultural soils interpretive and erosion
control expertise on a regional basis.
(5) Assist the districts and other federal, state, and local entities
in encouraging and monitoring compliance with those aspects
of the programs that are related to erosion and sediment
reduction.
(6) Administer a cost share program for installation of erosion
control structural measures on severely eroding cropland and
for conversion of highly erodible land from crop production to
permanent vegetative cover.
(7) Administer a lake and river enhancement program to do the
following:
(A) Control sediment and associated nutrient inflow into
lakes and rivers.
(B) Accomplish actions that will forestall or reverse the
impact of that inflow and enhance the continued use of
Indiana's lakes and rivers.
(8) Provide professional assistance to districts in conservation
needs assessments, program development, and program
evaluation.
As added by P.L.1-1995, SEC.25. Amended by P.L.136-1997,
SEC.42; P.L.175-2006, SEC.17.
IC 14-32-7-13
Administration
Sec. 13. The Indiana state department of agriculture shall
administer this article subject to the direction of the board.
As added by P.L.1-1995, SEC.25. Amended by P.L.1-2006, SEC.230;
P.L.120-2008, SEC.23.