Indiana HB 1401: Various natural resources matters.

Bill Text

Introduced Version
HOUSE BILL No. 1401
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-24-3; IC 14-8-2; IC 14-10-2-1;
IC 14-22-12; IC 14-26; IC 14-28; IC 14-29-1-4; IC 14-34-19-1.1.
Synopsis: Various natural resources matters. Requires the county
auditor, under certain circumstances, to notify surface property owners
of oil or gas interests eligible for sale. Increases the maximum dry
weight for a "recreational off-highway vehicle". Provides that certain
fees established by the natural resource commission (commission) do
not constitute a rule. Adds language to youth hunting and fishing
license provisions providing that the licenses include all yearly stamps
to hunt wild turkeys and that the youth license remains valid for the
remainder of the license period even after the license holder turns 18
years of age. Provides that certain licenses may still be used if the
license holder moves out of state. Provides that a person may perform
certain activities without obtaining a permit from the department of
natural resources (department). Allows the commission to adopt rules
regarding certain activities that are permitted without a license.
Provides certain guidelines for cutting, relocating, or removing logs
that are crossways in a channel. Establishes requirements for
constructing certain structures in a floodway. Requires the department
to take certain steps before making a determination when the
department is reviewing the department mapping data being applied to
a parcel of real property. Requires the department to notify certain
persons within 90 days after determining that a parcel of real property:
(1) is included in a flood plain or floodway; or (2) is no longer included
in a flood plain or floodway. Establishes the STREAM act fund. Makes
technical and conforming changes. Makes an appropriation.
Effective: July 1, 2024.
Lindauer
January 11, 2024, read first time and referred to Committee on Natural Resources.
2024 IN 1401—LS 7024/DI 148

Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1401
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-1.1-24-3, AS AMENDED BY P.L.27-2023,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) This section does not apply to vacant or
4 abandoned real property that is on the list prepared by the county
5 auditor under section 1.5 of this chapter.
6 (b) When real property is eligible for sale under this chapter, the
7 county auditor shall post a copy of the notice required by section 2 of
8 this chapter at a public place of posting in the county courthouse or in
9 another public county building at least twenty-one (21) days before the
10 earliest date of application for judgment. In addition, the county auditor
11 shall, in accordance with IC 5-3-1-4, publish the notice required in
12 section 2 of this chapter once each week for three (3) consecutive
13 weeks before the earliest date on which the application for judgment
14 may be made. The expenses of this publication shall be paid out of the
15 county general fund without prior appropriation.
16 (c) At least twenty-one (21) days before the application for
17 judgment is made, the county auditor shall mail a copy of the notice
2024 IN 1401—LS 7024/DI 148

2
1 required by section 2 of this chapter by certified mail, return receipt
2 requested, to any:
3 (1) mortgagee;
4 (2) purchaser under an installment land contract recorded in the
5 office of the county recorder; or
6 (3) person who claims a substantial property interest of public
7 record;
8 who annually requests, by certified mail, a copy of the notice.
9 (d) If an oil or gas interest is eligible for sale under this chapter,
10 the county auditor shall mail a copy of the notice required by
11 section 2 of this chapter by certified mail, return receipt requested,
12 to the owner of surface real property over the oil or gas interest
13 that is recorded in the office of the county recorder.
14 (d) (e) The notices mailed under this section are considered
15 sufficient notice