Section 312IAC22-2-4. Notification and permit conditions

   (a) Except as provided in subsections (c) through (d), a person who discovers an artifact or a burial object while disturbing the ground for a purpose other than the discovery of artifacts or burial objects must do the following:

(1) Immediately cease disturbing the ground.

(2) Notify the department within two (2) business days after the time of disturbance.

  (b) After a notification made under subsection (a) is received, the department may do either of the following:

(1) Authorize the person to continue the ground disturbing activity with or without conditions.

(2) Require that continued ground disturbance activity be conducted only under a plan approved under this article. However, this subdivision does not apply if the department does not respond within thirty (30) days from the date that the department receives the notification.

  (c) A person who disturbs any human remains must do the following:

(1) Immediately cease disturbing the ground.

(2) Notify the department within two (2) business days after the time of the disturbance.

  (d) After a notification made under subsection (c) is received, the department may do any of the following:

(1) Require the person to submit additional information to enable the department an informed determination whether the disturbed human remains are exempt from IC 14-21-1 and this article. Exempt human remains shall be treated and reburied under IC 23-14.

(2) Authorize the person to continue the ground disturbing activity with or without conditions.

(3) Require that continued ground disturbance activity be conducted only under a permit issued under this article.

(Natural Resources Commission; 312 IAC 22-2-4; 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)