Section 312IAC22-2-3. Permits

   (a) No person may disturb the ground, or continue the disturbance following an accidental discovery, for the purpose of discovering or removing artifacts, burial objects, grave markers, or human remains without a prior permit issued by the department under IC 14-22-1-26 [sic., IC 14-21-1-26], IC 14-22-1-28 [sic., IC 14-21-1-28], and this article.

  (b) Except as provided in section 7 of this rule, an applicant for a permit must comply with the following:

(1) A plan, which includes the information required under 312 IAC 22-3-2 through 312 IAC 22-3-8, shall be submitted with each permit application.

(2) An application to conduct an investigation or a scientific investigation shall be filed at least thirty (30) days before the proposed commencement of the project.

  (c) An application for a permit to conduct an investigation or a scientific investigation shall be reviewed by the division to determine whether the permit is issued. A favorable determination must be made with respect to each of the following factors before a permit can be issued:

(1) The application is found to be complete, technically accurate, and feasible.

(2) The applicant has demonstrated that the information derived will contribute to:

(A) Indiana's history or archaeology; or

(B) understanding the physical or cultural nature of past human populations.

(3) The requirements of 312 IAC 22-3-9 are satisfied.

(4) The applicant will provide for the treatment of human remains in conformance with section 1(d) of this rule.

(5) The rights and interests of landowners are considered, including written documents that demonstrate each of the following have been adequately addressed by the applicant:

(A) A determination of the ownership of any human remains, burial object, or artifact which is recovered.

(B) Consent of the landowner for access by the applicant to the site for the purpose of conducting any activities set forth in the permit, including the plan.

(C) Consent of the landowner for access by the department to the site to determine compliance with the conditions of the permit.

(Natural Resources Commission; 312 IAC 22-2-3; filed Jun 21, 2001, 2:35 p.m.: 24 IR 3378; readopted filed Jul 19, 2007, 12:30 p.m.: 20070808-IR-312070192RFA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFA)