Bill Text: IN SB0558 | 2013 | Regular Session | Enrolled
Bill Title: Land surveyors.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 57 [SB0558 Detail]
Download: Indiana-2013-SB0558-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning professions and occupations.
(1) within the scope of practice specified by IC 25-4 for architecture, IC 25-31 for professional engineering, or IC 25-21.5 for
(2) performed by any licensed architect, professional engineer, or
(b) Except as provided in subsection (c), the assessor shall recognize the quantity of land stated in a deed or patent if the owner or person in whose name the property is listed holds the land by virtue of:
(1) a deed from another party or from this state; or
(2) a patent from the United States.
(c) If land described in subsection (b) has been surveyed subsequent to the survey made by the United States and if the county assessor is satisfied that the tract contains a different quantity of land than is stated
in the patent or deed, the assessor shall recognize the quantity of land
stated in the subsequent survey.
(d) Except as provided in subsection (f), a county assessor shall
demand in writing that the owner of a tract, or person in whose name
the land is listed, have the tract surveyed and that the owner or person
in whose name the land is listed return a sworn certificate from the
professional surveyor stating the quantity of land contained in the tract
if:
(1) the land was within the French or Clark's grant; and
(2) the party holds the land under original entry or survey.
(e) If the party fails to return the certificate under subsection (d)
within thirty (30) days after the demand is mailed, the assessor shall
have a professional surveyor survey the land. The expenses of a survey
made under this subsection shall be paid for from the county treasury.
However, the county auditor shall charge the survey expenses against
the land, and the expenses shall be collected with the taxes payable in
the succeeding year.
(f) A county assessor shall not demand a survey of land described
in subsection (d) if:
(1) the owner or holder of the land has previously had it surveyed
and presents to the assessor a survey certificate which states the
quantity of land; or
(2) the assessor is satisfied from other competent evidence, given
under oath or affirmation, that the quantity of land stated in the
original survey is correct.
(1) wishes to have a parcel of land classified as native forest land, a forest plantation, or wildlands; or
(2) submits a revised application due to:
(A) the partial withdrawal of existing classified land;
(B) division of the parcel related to a conveyance; or
(C) the combination of contiguous lands;
must have the parcel described by a
the number, prescribed by the department of natural resources.
(b) The registered land professional surveyor may use an aerial
photograph in order to prepare a description of the parcel. However, the
professional surveyor's description must be accurate, and it must meet
the requirements specified in subsection (a). of this section. If an aerial
photograph is used, that fact shall be noted on the application referred
to in section 11 of this chapter.
(c) The natural resources commission may adopt rules to allow other
means to describe and plat a parcel under this section.
(b) An aerial photograph may be used in order to obtain a description of the parcel. However, the description must be accurate and meet the requirements specified in subsection (a). If an aerial photograph is used, that fact shall be noted on the application referred to in section 6 of this chapter.
(1) The plats referred to in section 4 of this chapter.
(2) The assessment required under section 5 of this chapter entered in ink by the county assessor.
(3) The signatures of the owner, the
(4) A letter of concurrence in the classification from the soil and water conservation district in which the land is located.
(b) If an error or omission affecting the eligibility of the application is discovered by the county surveyor or county assessor, the county surveyor or county assessor shall promptly notify the applicant of the deficiency and allow the applicant to amend the application.
(b) The
(1) The plats referred to in section 6 of this chapter.
(2) The assessment required under section 7 of this chapter entered in ink by the county assessor.
(3) The signature of the owner, the
(b) If an error or omission affecting the eligibility of the application is discovered by the director or county assessor, the director or county assessor shall promptly notify the applicant of the deficiency and allow the applicant to amend the application.
(b) "Right-of-way" means the track or roadbed owned or leased by a railroad which is located on either side of its tracks and which is
readily recognizable to a reasonable person as being railroad property
or is reasonably identified as such by fencing or appropriate signs.
(c) "Yard" means a system of parallel tracks, cross-overs, and
switches where cars are switched and made up into trains, and where
cars, locomotives, and other rolling stock are kept when not in use or
awaiting repairs.
(d) This section does not apply to:
(1) passengers on trains or employees of a railroad company while
engaged in the performance of their duties;
(2) picketing by railroad employees in the vicinity of entrances to
railroad company property;
(3) an authorized representative of the railroad employees;
(4) a person going upon the right-of-way or into the yard to save
human life or to protect property;
(5) a person being on the station grounds or in the depot of the
railroad company as a passenger or for the purpose of transacting
business;
(6) a person, or the person's family or employees going upon the
right-of-way for the purpose of crossing from one (1) part to
another part of a farm the person owns or leases, where the farm
lies on both sides of the right-of-way;
(7) a person having written permission from the railroad company
to go upon the right-of-way;
(8) representatives of the Indiana department of transportation;
(9) representatives of the federal Surface Transportation Board;
or
(10) a registered land professional surveyor or a land
professional surveyor's employees who are on the right-of-way or
in the yard for the purpose of making land surveys.
(1) a sanitary sewer or public water main, if:
(A) a professional engineer who is registered under IC 25-31 prepared the plans;
(B) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(C) all other requirements specified in rules adopted by the water pollution control board are met; or
(2) a sanitary sewer extension for and within a subdivision, if:
(A) a qualified
(B) the subdivision is being laid out or having been laid out by the
(C) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(D) all other requirements specified in rules adopted by the board are met;
the plans are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law.
(1) Applying to the department for both of the following:
(A) A permit to fill in, reclaim, and own the real property. A permit issued under this clause is not effective until approved by the governor.
(B) A permit under IC 14-29-1.
Obtaining the permits described in this subdivision is a condition for obtaining a patent under this chapter.
(2) Obtaining an accurate survey and plat of:
(A) the real property between the interested person's real property and the dock or harbor line; or
(B) as much of the real property as the interested party wants to fill in and improve.
The interested party must apply to the county surveyor of the county in which the real property lies for approval of the survey and plat.
(3) After the survey and plat are certified by the professional surveyor and approved by the county surveyor, doing the following:
(A) Filing the survey and plat with the state land office division of the Indiana department of administration.
(B) Filing a copy of the survey and plat with the commissioner of the department of environmental management.
(1) the petition is a joint petition between the owners of land abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake and the county or the department; or
(2) the petition has been filed separately or jointly by the department or the county.
(b) If the petition was filed only by the landowners abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake, the county and the department may not be assessed.
(1) If the petition is filed separately by the owners of land abutting upon or within one-fourth (1/4) mile of the shoreline or water line of the lake, proportionately to the benefits received by the owners.
(2) If the petition is filed jointly by the owners of land abutting upon the lake and the department or the commissioners of each county in which the lake lies or separately by the department or the commissioners of each county in which the lake lies, as follows:
(A) Twenty-five percent (25%) of the cost of the improvement shall be paid by the property owners abutting or within one-fourth (1/4) mile of the shoreline or water line of the lake.
(B) Twenty-five percent (25%) of the cost shall be paid by the county.
(C) Fifty percent (50%) of the cost shall be paid by the department.
(b) The county surveyor shall apportion the cost of the project accordingly in the surveyor's report and notices of assessments and damages shall be sent to all affected parties as prescribed in section 25 of this chapter.
(c) If the lake lies in at least two (2) counties, the cost to be paid by each county must be proportionate to the area of the lake that lies in each county. For the purpose of determining the area of the lake that lies in each county, the professional surveyor may use aerial photographs made by the United States Department of Agriculture.
(1) Incidental costs, expenses, and damages.
(2) Attorney's fees as allowed by the court.
(b) The county surveyor shall apportion the costs and expenses to the tracts of land assessed in proportion to the total assessment against the respective parcels of land benefited by the construction of the work. The apportionment to the respective tracts or parcels of land may not exceed the benefits assessed against the tracts or parcels, respectively.
(c) The county surveyor shall certify the assessments, apportionments, and time to make payments to the county auditor. If the improvement affects the landowners in more than one (1) county, the county surveyor shall certify the assessments, apportionments, and time to make payments to the auditor of each other county affected.
(b) The county surveyor charged with the construction of the work shall keep in the county surveyor's office a complete copy of the assessments that may, upon demand, be examined by any interested person.
(c) An owner of land assessed for benefits who desires to transfer the property free and clear of the lien for the assessment may deposit with the county treasurer the full amount of the benefits assessed against the tract or parcel of land. When the professional surveyor has made the final computation to the county auditor, the treasurer shall pay to the person paying the assessment the surplus, if any, over the actual assessment. Whenever the owner of a tract or parcel of land has paid to the treasurer and the treasurer's books show the payment, the lien for the assessment on the tract or parcel of land is automatically canceled.
(1) the owners of land abutting or within four hundred forty (440) yards of the shoreline or water line of each lake likely to be affected;
(2) each county in which the lake lies; and
(3) the department;
participate in the cost of constructing a dam or structure, diversion ditches, pumping stations, or other appurtenances necessary to protect and preserve the water level of the lake.
(b) If a request is made in a petition under subsection (a), the court having jurisdiction of the drainage proceedings shall appoint additional viewers as prescribed in this chapter to represent the county and the department. The viewers shall file a separate report on whether a dam, other structure, diversion ditch, pumping station, or other appurtenance is practicable and of public need.
(c) If the report of the viewers is in the affirmative, the county surveyor for the drainage project shall include in the report plans and specifications for the improvement and apportion assessments and damages in the same manner as prescribed in this chapter governing raising or maintaining lake levels.
(1) the construction of a dam, other structure, diversion ditch, pumping station, or other appurtenance in connection with the preservation or stabilization of a lake is petitioned for under section 62 of this chapter in connection with a drainage proceeding; and
(2) in the county surveyor's opinion, the improvement to the lake will:
(A) be beneficial to any person affected by the drainage project; or
(B) in any way provide better drainage than if the water level of the lake is left uncontrolled or undisturbed;
the county surveyor for the drainage project may assess a part of the cost of the improvement that would normally be paid by those persons who own land abutting or within four hundred forty (440) yards of the shoreline or water line of the lake to any person affected by the drainage project.
(1) The placement or replacement of a mobile home within a boundary river floodway.
(2) The repair of a residence that:
(A) is located in a boundary river floodway; and
(B) has been damaged by floodwaters or another means;
except for the reconstruction of a residence to which section 25 of this chapter applies.
(3) The construction of an:
(A) addition to; or
(B) improvement of;
a residential structure within a boundary river floodway.
(4) The construction of a new residence within a boundary river floodway.
(b) The federal regulations that:
(1) were adopted by the director of the Federal Emergency Management Agency to implement the National Flood Insurance Act (42 U.S.C. 4001 et seq.);
(2) are published in 44 CFR Parts 59 through 60; and
(3) are in effect on January 1, 1997;
are adopted as the criteria for determining whether an activity referred to in subsection (a) is allowed in Indiana. However, the lowest floor of a new residence constructed within a boundary river floodway referred to in subsection (a)(4) must be at least two (2) feet above the one hundred (100) year frequency flood elevation.
(c) A person who wishes to perform an activity referred to in subsection (a) is authorized to perform the activity if:
(1) the federal regulations described in subsection (b) as the governing criteria allow the activity; and
(2) the person obtains a permit for the activity under this section.
(d) To obtain a permit for an activity referred to in subsection (a), a person must:
(1) file with the director a verified written application for a permit on a form provided by the department; and
(2) pay to the department a nonrefundable fee of ten dollars ($10).
(e) An application filed under this section must:
(1) set forth the material facts concerning the proposed activity; and
(2) in the case of an activity described in subsection (a)(1), (a)(3), or (a)(4), include plans and specifications for the construction, reconstruction, or repair.
(f) If an application submitted under this section meets the requirements set forth in subsections (d) and (e), the director may not reject the application unless the regulations adopted as the governing criteria under subsection (b) do not allow the activity.
(g) If the federal regulations adopted as the governing criteria under subsection (b) authorize a type of activity only when certain conditions are met, a permit that the director issues for that type of activity may require the applicant, in carrying out the activity, to meet the same conditions.
(h) If:
(1) there is a dispute under this section about the elevation of a site; and
(2) the elevation of the site has been determined by a
the elevation determined by the
(1) the expiration of a permit; or
(2) the completion or abandonment of the operation for which a permit was issued;
the operator shall file with the director a report of the operation licensed on a form prescribed by the director.
(b) The report must do the following:
(1) Identify the operator and the permit under which operations were conducted.
(2) State the county and township in which the area affected by the operations is located.
(3) Describe the area of land affected by the operation within the time covered by the report with sufficient certainty so that the land may be located and distinguished from other land. A map shall be attached to the report certified by a professional surveyor registered under Indiana law showing the boundary lines of the area of land affected by the operation within the time covered by the report.
(1) A plat of the land or lease upon which the well is to be located, together with all property and lease lines and the acreage within the tract.
(2) The location of the proposed well as certified by a
(3) The surface elevation of the proposed well and the method used for determining that elevation.
(4) The depth of the proposed well.
(5) The number and location of all other dry, abandoned, or producing wells located within one-fourth (1/4) mile of the proposed well.
(6) The distance from the proposed well to the three (3) nearest
boundary lines of the tract.
(7) With respect to an application to drill within a city or town, a
certified copy of the official consent by ordinance of the
municipal legislative body.
(8) Other information determined by the commission that is
necessary to administer this article.
(b) The map shall be kept up-to-date by temporary notations and the map shall be revised and supplemented at intervals prescribed by the director on the basis of a survey made or certified by
(c) Mine maps shall be revised and supplemented at intervals of not more than once a year.
(d) Temporary notations shall include:
(1) the location of each working face of each working place;
(2) pillars mined or other such second mining;
(3) permanent ventilation controls constructed or removed, such as seals, overcasts, undercasts, regulators, and permanent stoppings, and the direction of air currents indicated; and
(4) escapeways designated by means of symbols.
(1) an architect under IC 25-4-1;
(2) a landscape architect under IC 25-4-2;
(3) a professional engineer under IC 25-31-1; or
(4) a
(1) In the case of an accounting professional, the Indiana state board of public accountancy.
(2) In the case of an architectural professional, the board of registration for architects and landscape architects.
(3) In the case of an engineering professional, the state board of registration for professional engineers.
(4) In the case of an attorney, the Indiana supreme court.
(5) In the case of a health care professional, the board (as defined in IC 25-1-9-1) that issues the individual's license, certification, or registration.
(6) In the case of a veterinarian, the Indiana board of veterinary medical examiners.
(7) In the case of a
(8) In the case of a real estate professional, the Indiana real estate commission.
(1) Certified public accountants, public accountants, and accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5)
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental health counselors.
(23) Real estate appraiser licenses and certificates issued by the real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Athlete agents.
(28) Manufactured home installers.
(29) Home inspectors.
(30) Massage therapists.
(31) Interior designers.
(32) Genetic counselors.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of cosmetology and barber examiners.
(6) Medical licensing board of Indiana.
(7) Secretary of state.
(8) State board of dentistry.
(9) State board of funeral and cemetery service.
(10) Worker's compensation board of Indiana.
(11) Indiana state board of health facility administrators.
(12) Committee of hearing aid dealer examiners.
(13) Indiana state board of nursing.
(14) Indiana optometry board.
(15) Indiana board of pharmacy.
(16) Indiana plumbing commission.
(17) Board of podiatric medicine.
(18) Private investigator and security guard licensing board.
(19) State board of registration for professional engineers.
(20) State psychology board.
(21) Indiana real estate commission.
(22) Speech-language pathology and audiology board.
(23) Department of natural resources.
(24) Board of chiropractic examiners.
(25) Mining board.
(26) Indiana board of veterinary medical examiners.
(27) State department of health.
(28) Indiana physical therapy committee.
(29) Respiratory care committee.
(30) Occupational therapy committee.
(31) Behavioral health and human services licensing board.
(32) Real estate appraiser licensure and certification board.
(33) State board of registration for
(34) Physician assistant committee.
(35) Indiana dietitians certification board.
(36) Attorney general (only for the regulation of athlete agents).
(37) Manufactured home installer licensing board.
(38) Home inspectors licensing board.
(39) State board of massage therapy.
(40) Any other occupational or professional agency created after June 30, 1981.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(d) Notwithstanding any other law, the entities included in subsection (b) shall send notice of the expiration of a license to each individual whose license has expired within thirty (30) days following the expiration of the license. The notice must meet the following requirements:
(1) Inform the individual of the following:
(A) That the individual's license has expired.
(B) Any requirements that must be met before reinstatement of a license may occur.
(2) Be sent electronically. However, if the entity does not have an electronic mail address on record for the individual, the notice must be sent via United States mail.
JULY 1, 2013]: Sec. 0.3. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) Board of chiropractic examiners (IC 25-10-1).
(6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(7) State board of dentistry (IC 25-14-1).
(8) Indiana dietitians certification board (IC 25-14.5-2-1).
(9) State board of registration for professional engineers
(IC 25-31-1-3).
(10) State board of funeral and cemetery service (IC 25-15-9).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of registration for land professional surveyors
(IC 25-21.5-2-1).
(15) Manufactured home installer licensing board (IC 25-23.7).
(16) Medical licensing board of Indiana (IC 25-22.5-2).
(17) Indiana state board of nursing (IC 25-23-1).
(18) Occupational therapy committee (IC 25-23.5).
(19) Indiana optometry board (IC 25-24).
(20) Indiana board of pharmacy (IC 25-26).
(21) Indiana physical therapy committee (IC 25-27-1).
(22) Physician assistant committee (IC 25-27.5).
(23) Indiana plumbing commission (IC 25-28.5-1-3).
(24) Board of podiatric medicine (IC 25-29-2-1).
(25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(26) State psychology board (IC 25-33).
(27) Indiana real estate commission (IC 25-34.1-2).
(28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) Respiratory care committee (IC 25-34.5).
(30) Behavioral health and human services licensing board
(IC 25-23.6).
(31) Speech-language pathology and audiology board
(IC 25-35.6-2).
(32) Indiana board of veterinary medical examiners (IC 25-38.1-2).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of cosmetology and barber examiners (IC 25-8-3-1).
(5) State board of funeral and cemetery service (IC 25-15-9).
(6) State board of registration for professional engineers (IC 25-31-1-3).
(7) Indiana plumbing commission (IC 25-28.5-1-3).
(8) Indiana real estate commission (IC 25-34.1).
(9) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
(10) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(11) State board of registration for
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(b) Nothing in this chapter may be construed to give the licensing agency policy making authority, which remains with each board.
"Board" means the appropriate agency listed in the definition of regulated occupation in this section.
"Director" refers to the director of the division of consumer protection.
"Division" refers to the division of consumer protection, office of the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability company, or a corporation.
"Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners (IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers (IC 25-31-1-3).
(9) Indiana state board of health facility administrators (IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Indiana state board of nursing (IC 25-23-1).
(12) Indiana optometry board (IC 25-24).
(13) Indiana board of pharmacy (IC 25-26).
(14) Indiana plumbing commission (IC 25-28.5-1-3).
(15) Board of podiatric medicine (IC 25-29-2-1).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board (IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2).
(19) Indiana board of veterinary medical examiners (IC 25-38.1).
(20) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(21) Respiratory care committee (IC 25-34.5).
(22) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(23) Occupational therapy committee (IC 25-23.5).
(24) Behavioral health and human services licensing board (IC 25-23.6).
(25) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(26) State board of registration for
(27) Physician assistant committee (IC 25-27.5).
(28) Indiana athletic trainers board (IC 25-5.1-2-1).
(29) Indiana dietitians certification board (IC 25-14.5-2-1).
(30) Indiana physical therapy committee (IC 25-27).
(31) Manufactured home installer licensing board (IC 25-23.7).
(32) Home inspectors licensing board (IC 25-20.2-3-1).
(33) State department of health, for out-of-state mobile health care entities.
(34) State board of massage therapy (IC 25-21.8-2-1).
(35) Any other occupational or professional agency created after June 30, 1981.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners (IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15).
(8) State board of registration for professional engineers (IC 25-31-1-3).
(9) Indiana state board of health facility administrators (IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Mining board (IC 22-10-1.5-2).
(12) Indiana state board of nursing (IC 25-23-1).
(13) Indiana optometry board (IC 25-24).
(14) Indiana board of pharmacy (IC 25-26).
(15) Indiana plumbing commission (IC 25-28.5-1-3).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board (IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2-1).
(19) Indiana board of veterinary medical examiners (IC 25-38.1-2-1).
(20) Department of insurance (IC 27-1).
(21) State police department (IC 10-11-2-4), for purposes of certifying polygraph examiners under IC 25-30-2.
(22) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(23) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(24) Occupational therapy committee (IC 25-23.5-2-1).
(25) Behavioral health and human services licensing board (IC 25-23.6-2-1).
(26) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(27) State board of registration for
(28) Physician assistant committee (IC 25-27.5).
(29) Indiana athletic trainers board (IC 25-5.1-2-1).
(30) Board of podiatric medicine (IC 25-29-2-1).
(31) Indiana dietitians certification board (IC 25-14.5-2-1).
(32) Indiana physical therapy committee (IC 25-27).
(33) Manufactured home installer licensing board (IC 25-23.7).
(34) Home inspectors licensing board (IC 25-20.2-3-1).
(35) State board of massage therapy (IC 25-21.8-2-1).
(36) Any other occupational or professional agency created after June 30, 1981.
(1) has permitted the practitioner's seal to be affixed to plans, specifications, or drawings not prepared by the practitioner or under the practitioner's personal supervision by the practitioner's regularly employed subordinates; or
(2) has used the title "architect" or advertised to practice architecture and is not registered under IC 25-4-1.
(b) As used in this chapter, "landscape architecture" means the practice of professional services such as consultation, investigation, reconnaissance, research, planning, design, or responsible supervision to develop land areas for the dominant purpose of preserving, enhancing, or determining:
(1) proper land uses;
(2) natural land features;
(3) ground cover and planting;
(4) naturalistic and aesthetic values;
(5) the settings and approaches to structures or other improvements;
(6) the natural environment of a facility, an individual building, or other structure;
(7) site specific natural surface and subsoil drainage systems;
(8) landscape grading, swales, curbs, and walkways; and
(9) any inherent problems of the land relating to erosion, overuse, blight, or other hazards.
The term includes the location and arrangement of the proposed tangible objects and features that are incidental and necessary to accomplish the purposes of landscape architecture.
(c) As used in this chapter, "practitioner" means an individual registered as a landscape architect under this chapter.
(d) Except as provided in subsection (b), this chapter does not authorize a practitioner to:
(1) engage in the design of mechanical lift stations, sewage treatment facilities, sanitary and combined sewers, storm water management projects, public, semi-public, and private utilities, or other structures or facilities with separate and self-contained purposes, if the design work is ordinarily included in the practice of architecture or engineering;
(2) engage in the design of highways or traffic control devices;
(3) engage in the scientific analysis of hazardous material contamination;
(4) engage in topographic mapping or the certification of land surveys or final land plats for official approval or recording;
(5) otherwise engage in the practice of architecture (as defined in IC 25-4-1);
(6) otherwise engage in the practice of professional engineering (as defined in IC 25-31);
(7) engage in the practice of
(8) engage in the practice of professional geology (as defined in IC 25-17.6).
(e) This chapter, except section 10(a)(1) and 10(a)(2) of this chapter, does not apply to:
(1) the practice of landscape architecture by any person who acts under the supervision of a practitioner or by an employee of a
person lawfully engaged in the practice of landscape architecture
and who, in either event, does not assume responsible charge of
design or supervision;
(2) the practice of architecture or land planning and proper land
usage by a duly registered professional architect or the doing of
landscape architectural work by a registered architect or by an
employee under the supervision of a registered architect;
(3) the practice of engineering or land planning and proper land
usage by a duly registered professional engineer and the doing of
landscape architectural work by a registered professional engineer
or by an employee under supervision of a registered professional
engineer;
(4) the practice of surveying or land planning and proper land
usage by a registered land professional surveyor and the doing of
landscape architectural work by a registered land professional
surveyor or by an employee under supervision of a registered land
professional surveyor;
(5) the practice of landscape architecture by employees of the
United States government while engaged within this state in the
practice of landscape architecture for the United States
government;
(6) the practice of planning as is customarily done by regional,
park, or urban planners;
(7) the practice of arborists, foresters, gardeners, turf managers,
home builders, horticulturists, farmers, and other similar persons;
(8) the practice of any nurseryman or general or landscape
contractor, including design, planning, location, planting and
arrangements of plantings or other ornamental features; or
(9) the practice of natural resource professionals, including
biologists, geologists, or soil scientists.
"Practice of surveying" means providing, or offering to provide, professional services involving:
(1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of the earth, improvements on the earth, the space above the earth, or any part of the earth; and
(2) the use and development of the measurements and information gathered under subdivision (1) into survey products, including graphics, digital data, maps, plats, plans, reports, and descriptions and projects.
(b) Professional services provided under the practice of surveying include consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any of the following:
(1) Determining the configuration or contour of the earth's surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.
(2) Determining the size and shape of the earth, or any point on the earth, by performing geodetic surveys using angular and linear measurements through spatially oriented spherical geometry.
(3) Determining, by the use of principles of surveying, the position for any nonboundary related survey control monument or reference point, or setting, resetting, or
replacing any nonboundary related monument or reference
point.
(4) Locating, relocating, establishing, reestablishing, laying
out, retracing, or marking any property or boundary line or
corner of any tract of land or of any right-of-way or
easement.
(5) Making any survey or preparing any plat for the
subdivision of any tract of land.
(6) Determining, by the use of principles of surveying, the
position for any boundary related survey monument or
reference point, or setting, resetting, or replacing any
monument or reference point.
(7) Preparing a description for any parcel or boundary of
land, or for any right-of-way or easement, except when
prepared by an attorney who is licensed to practice law in
Indiana.
(8) Determining the amount of acreage contained in any
parcel of land, except when determined by an attorney who is
licensed to practice law in Indiana.
(9) Performing construction staking or layout of the control
for any elements of an engineering, building, or construction
project, if the position of an element is:
(A) dependent on;
(B) in specific relation to; or
(C) in close proximity to a boundary or property line or
corner, including easements and rights-of-way.
(10) For and within subdivisions being designed by a
professional surveyor, the preparation and furnishing of plats,
plans, and profiles for roads, storm drainage, sanitary sewer
extensions, and the location of residences or dwellings where
the work involves the use and application of standards
prescribed by local, state, or federal authorities.
(11) All work incidental to cleaning out, reconstructing, or
maintaining existing open and tile drains.
(12) Creating, preparing, or modifying electronic or
computerized data relative to the performance of the activities
described in this subsection.
(c) Activities included within the practice of surveying that must
be accomplished under the responsible charge of a professional
surveyor, unless specifically exempted under subsection (d),
include the following:
(1) The creation of maps and geo-referenced data bases
representing authoritative locations for boundaries, fixed
works, or topography, either by terrestrial surveying methods
or by photogrammetric or GNSS locations. This includes
maps and geo-referenced data bases prepared by any person,
firm, or government agency if that data is provided to the
public as a survey product.
(2) Original data acquisition, or the resolution of conflicts
between multiple data sources, when used for the
authoritative location of features within the following data
themes:
(A) Geodetic control.
(B) Orthoimagery.
(C) Elevation and bathymetry.
(D) Fixed works.
(E) Government boundaries.
(F) Cadastral information.
(3) Certification of positional accuracy of maps or measured
survey data.
(4) Measurement, adjustment, and authoritative
interpretation of raw survey data.
(5) GIS-based parcel or cadastral mapping used for
authoritative boundary definition purposes wherein land title
or development rights for individual parcels are, or may be,
affected.
(6) Interpretation of maps, deeds, or other land title
documents to resolve conflicting data elements within
cadastral documents of record.
(7) Acquisition of field data required to authoritatively
position fixed works or cadastral data to geodetic control.
(8) Adjustment or transformation of cadastral data to
improve the positional accuracy of the parcel layer or layers
with respect to the geodetic control layer within a GIS for
purposes of affirming positional accuracy.
(d) A distinction is made in this subsection, in the use of
electronic systems, between making or documenting original
measurements in the creation of survey products and the copying,
interpretation, or representation of those measurements in
systems. Further, a distinction is made according to the intent, use,
or purpose of measurement products in electronic systems,
between the determination of authoritative locations and the use of
those products as a locational reference for planning,
infrastructure management, and general information. The
following items are not included as activities within the definition
of the practice of surveying:
(1) The creation of general maps:
(A) prepared by private firms or government agencies for
use as guides to motorists, boaters, aviators, or
pedestrians;
(B) prepared for publication in a gazetteer or atlas as an
educational tool or reference publication;
(C) prepared for or by educational institutions for use in
the curriculum of any course of study;
(D) produced by any electronic or print media firm as an
illustrative guide to the geographic location of any event;
or
(E) prepared by lay persons for conversational or
illustrative purposes, including advertising material and
users' guides.
(2) The transcription of previously geo-referenced data into
a geographic information system by manual or electronic
means, and the maintenance thereof, if the data are clearly
not intended to indicate the authoritative location of property
boundaries, the precise definition of the shape or contour of
the earth, and the precise location of fixed works of humans.
(3) The transcription of public record data, without
modification except for graphical purposes, into geographic
information systems-based cadastres, including tax maps,
zoning maps, and associated records by manual or electronic
means, and the maintenance of that cadastre, if the data are
clearly not intended to authoritatively represent property
boundaries.
(4) The preparation of any document by any agency of the
federal government that does not define real property
boundaries, including civilian and military versions of
quadrangle topographic maps, military maps, satellite
imagery, and other similar documents.
(5) The incorporation or use of documents or data bases
prepared by any federal agency into a geographic information
system, including federal census and demographic data,
quadrangle topographic maps, and military maps.
(6) Inventory maps and data bases created by any
organization, in either hard copy or electronic form, of
physical features, facilities, or infrastructure that are wholly
contained within properties to which the organization has
rights or for which the organization has management
responsibility. The distribution of these maps and data bases
outside the organization must contain appropriate metadata
describing, at a minimum, the accuracy, method of
compilation, data source or sources, and date or dates, and
disclaimers of use clearly indicating that the data are not
intended to be used as a survey product.
(7) Maps, cross-sections, graphics, and data bases depicting
the distribution of natural resources or phenomena prepared
by foresters, geologists, soil scientists, geophysicists, biologists,
archeologists, historians, or other persons qualified to
document and interpret the data in the context of their
respective practices.
(8) Maps and geo-referenced data bases depicting physical
features and events prepared by any government agency if the
access to that data is restricted by statute, including
geo-referenced data generated by law enforcement agencies
involving crime statistics and criminal activities.
(e) The use of photogrammetric methods or similar remote
sensing technology to perform any part of the practice of surveying
as defined in this section may be performed only under the direct
control and supervision of a professional surveyor or professional
photogrammetrists who maintain a current title of "Certified
Photogrammetrist" from a national scientific organization having
a process for certifying photogrammetrists.
(f) The practice of surveying encompasses a number of
disciplines, including geodetic surveying, hydrographic surveying,
cadastral surveying, construction staking, route surveying,
photogrammetric surveying, and topographic surveying. A
professional surveyor may practice only within the surveyor's area
of expertise.
(1) By verbal claim, sign, advertisement, letterhead, card, telephone listing, or in any other way represents the person as a
(2) Performs or offers to perform any acts or work involving the practice of
[EFFECTIVE JULY 1, 2013]: Sec. 8.5. "Professional surveyor"
means a person who:
(1) has special knowledge of mathematics and surveying
principles and methods that are acquired by education and
practical experience; and
(2) is a registered professional surveyor.
(1) has:
(A) graduated from an approved surveying curriculum of at least four (4) years; or
(B) acquired, through surveying education and experience in surveying work, knowledge and skill approximating that obtained by graduation from an approved surveying curriculum of at least four (4) years;
(2) has successfully passed an examination as prescribed under IC 25-21.5-6; and
(3) has been issued an appropriate certificate of enrollment as a surveyor intern under IC 25-21.5-7-2.
(b) One (1) member must be appointed to represent the general public who is:
(1) a resident of Indiana; and
(2) not associated with
(c) Six (6) members must be registered
(1) Is a citizen of the United States.
(2) Has been a resident of Indiana for at least five (5) years immediately before the member's appointment.
(3) Is registered in Indiana as a
(4) Has been engaged in the lawful practice of
(5) Has been in charge of
(d) Of the registered
(b) The board shall adopt rules under IC 4-22-2 that are reasonably necessary to implement this article, including for the administration of the
(b) In addition to a registration fee determined under IC 25-21.5-7-5, the board shall establish a fee of not more than twenty dollars ($20) for a
(1) issuance of a certificate of registration or certificate of enrollment; and
(2) renewal of a certificate of registration or certificate of enrollment;
under this article to provide funds for administering and enforcing this article, including investigating and taking action against persons violating this article. All funds collected under this subsection shall be deposited in the
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. For the purpose of
safeguarding life, health, and property, a person must be registered or
exempted as a land professional surveyor to do the following:
(1) Practice or offer to practice land surveying in Indiana.
(2) Advertise or use a title or description tending to convey the
impression that the person is a land professional surveyor.
(1) An employee or a subordinate of a person who holds a certificate of registration under this article if the practice of the employee or subordinate does not include responsible charge of design or supervision.
(2) An officer or employee of the United States government while engaged in Indiana in the practice of
(1) Public health or safety.
(2) The health or safety of the employees of the person, firm, or corporation.
(3) Activities excluded from the definition of the practice of surveying under IC 25-21.5-1-7(b)(4) through IC 25-21.5-1-7(b)(8).
(1) the individual is considered to be licensed as a professional surveyor on July 1, 2013; and
(2) the state board of registration for professional surveyors shall issue a license to the individual under this article.
(b) Notwithstanding subsection (a), the state board of registration for professional surveyors and the Indiana professional licensing agency are not required to issue:
(1) a new wall license to an individual described in subsection (a); or
(2) a new pocket license to an individual described in subsection (a);
until the license renewal period beginning December 1, 2013.
(c) This section expires January 1, 2014.
(1) All of the following:
(A) Graduation in an approved
(B) A specific record of at least four (4) years of experience in
(C) The successful passing of an examination under IC 25-21.5-6.
(2) All of the following:
(A) A specific record of at least eight (8) years of
(B) The successful passing of an examination under IC 25-21.5-6.
(1) All of the following:
(A) Graduation in an approved
(B) The successful passing of a
(2) All of the following:
(A) A specific record of at least four (4) years of surveying education and experience in surveying work indicating that the applicant has acquired knowledge and skill approximating that acquired through graduation in an approved surveying curriculum of at least four (4) years.
(B) The successful passing of a
(b) The board may waive the examination in granting a certificate of registration as a
(1) An act that would constitute grounds for disciplinary sanction under IC 25-1-11.
(2) A felony that has a direct bearing on the person's ability to practice competently.
(1) Statements showing either the registration number issued by another state or the education and qualifications of the applicant.
(2) A detailed summary of the technical work performed by the applicant, including a confirmation by the
(3) The names of five (5) persons to be used as references, at least three (3) of whom must be registered
(1) Statements showing the education of the applicant.
(2) The names of three (3) persons to be used as references. However, references are not required for an applicant who is enrolled as a senior in an approved
(3) An applicant who has not graduated from an approved
(1) contain the applicant's board assigned number; and
(2) be dated within one (1) year of the application.
(1) The basic disciplines part of the examination, which must be designed to test the applicant's knowledge of the basic disciplines of
(2) The principles and practice part of the examination, which must be designed primarily to test the principles and practice of
(A) The first section must test the applicant's understanding, judgment, and ability to correctly apply the following:
(i) Federal laws and regulations.
(ii) Practices pertaining to the establishment, description, and reestablishment of land boundaries.
(iii) The platting of subdivisions.
(iv) The ethical, economic, and legal principles relating to the practice of
(v) The principles of mathematics relating to the practice of
(B) The second section must test the applicant's understanding, judgment, and ability to correctly apply the following:
(i)
(ii) Indiana laws and rules.
(iii) Work that the
(iv) The ability to write and interpret legal descriptions and solve narrative problems regarding the analysis and execution of
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. An applicant for
registration as a land professional surveyor who is presently registered
in another state or territory may be assigned a written examination if
the board considers the written examination necessary to meet the
requirements of this chapter.
(b) A certificate of registration for
(1) authorize the practice of
(2) show the full name of the
(3) bear a serial number and date; and
(4) be signed by each member and by the secretary under seal of the board.
(c) The issuance of a certificate by the board under this section is evidence that the named person is entitled to all the rights and privileges of a
(b) A certificate of enrollment as a
(1) show the full name of the
(2) bear a serial number and date; and
(3) be signed by the chairman and the secretary, under the seal of the board.
(c) The issuance of a certificate by the board is evidence that the person named on the certificate is entitled to all the rights and privileges of a
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. A registration
certificate for a land professional surveyor may be issued only to a
natural person. A partnership, firm, or corporation doing business in
Indiana may not be engaged in the practice of land surveying unless the
practice is carried on under the responsible direction and supervision
of a registered land professional surveyor who is a full-time employee
and a principal of the firm or partnership or an officer of the
corporation. The name of the registrant must appear when the firm
name is used in the professional practice of the firm, partnership, or
corporation. Any land surveys, plans, sheets of designs, specifications,
or other documents requiring certification that are prepared by the
personnel of any partnership, firm, or corporation must carry the
signature and seal of the registered land professional surveyor who
was responsible for and in charge of the land surveying work.
(1) Properly applies for a certificate of registration.
(2) Pays the required fee.
(3) Holds a valid certificate of registration as a
certification as a land-surveyor-in-training, surveyor intern, the fee
prescribed by the board and deposited by the applicant with the board
shall be retained as an application fee.
(b) If the board adopts rules under this section, the rules must establish procedures for approving an organization that provides continuing education.
(c) If the board adopts rules under this section, the board may adopt rules to do the following:
(1) Allow private organizations to implement the continuing education requirement.
(2) Establish an inactive certificate of registration. If the board adopts rules establishing an inactive certificate, the board must adopt rules that:
(A) do not require the holder of an inactive certificate to obtain continuing education;
(B) prohibit the holder of an inactive certificate from practicing
(C) establish requirements for reactivation of an inactive certificate; and
(D) do not require the holder of an inactive certificate to pay the registration and renewal fees required under IC 25-21.5-7-5.
(b) Collection of field data, note reduction, computation, office analysis, and preparation of certificates and reports for a
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A plat showing
streets, lots, blocks, or any subdivision of land in Indiana may not be:
(1) approved by a county planning or zoning authority; or
(2) accepted for transfer or recording by a county auditor or
recorder;
that has not been prepared or certified and sealed by the responsible
land professional surveyor.
(1) is personally responsible for designing and directing the training, procedures, and daily activities of an employee participating in any part of the
(2) shall maintain records that are reasonably necessary to establish that the responsibility of the
(b) Before a
surveyor engages in the practice of land surveying may file an action
in the name of the state of Indiana to prohibit the person from engaging
in the practice of land surveying until a certificate of registration is
secured or renewed under this article.
(1) engaged in the practice of
(2) did not have a valid certificate of registration; and
(3) was not exempt from registration.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of money from a fee imposed upon
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. If the total amount in the fund exceeds five hundred thousand dollars ($500,000) at the end of a state fiscal year after payment of all claims and expenses, the amount that exceeds five hundred thousand dollars ($500,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated for use by the attorney general and the licensing agency to administer and enforce the provisions of this article and to conduct investigations and take enforcement action against persons violating the provision of this
article.
(1) engages in, or offers to engage in, the practice of
(2) presents as the person's own the certificate of registration or the seal of another;
(3) gives false or forged evidence of any kind to the board or to a board member in obtaining a certificate of registration;
(4) impersonates any other registrant;
(5) uses an expired, a suspended, or a revoked certificate of registration; or
(6) otherwise violates this article;
commits a Class B misdemeanor.
(b) The attorney general and the licensing agency may use the
(1) A law enforcement officer of the United States, a state, or a political subdivision of a state to the extent that the officer or employee is engaged in the performance of the officer's or employee's official duties.
(2) Any person to the extent that the person is engaged in the business of furnishing and obtaining information concerning the financial rating of other persons.
(3) A collection agency licensed by the secretary of state or its employee acting within the scope of the employee's employment, to the extent that the person is making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's assets in a property that the client
has an interest in or a lien upon.
(4) An attorney or employee of an attorney to the extent that the
person is engaged in investigative matters incident to the delivery
of professional services that constitute the practice of law.
(5) An insurance adjuster to the extent that the adjuster is
employed in the investigation and settlement of claims made
against insurance companies or persons insured by insurance
companies if the adjuster is a regular employee of the insurance
company and the insurance company is authorized to do business
in Indiana and is complying with the laws regulating insurance
companies in Indiana.
(6) A person primarily engaged in the business of furnishing
information for:
(A) business decisions and transactions in connection with
credit, employment, or marketing; or
(B) insurance underwriting purposes;
including a consumer reporting agency as defined by the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).
(7) A retail merchant or an employee of the retail merchant to the
extent that the person is hiring a private investigator for the
purposes of loss prevention investigations for the retail merchant's
retail establishment.
(8) A professional engineer registered under IC 25-31 or a person
acting under a registered professional engineer's supervision, to
the extent the professional engineer is engaged in an investigation
incident to the practice of engineering.
(9) An architect with a certificate of registration under IC 25-4, to
the extent the architect is engaged in an investigation incident to
the practice of architecture.
(10) A land professional surveyor with a certificate of
registration under IC 25-21.5, to the extent the land professional
surveyor is engaged in an investigation incident to the practice of
land surveying.
(11) A certified public accountant with a certificate under
IC 25-2.1-3, to the extent that the person is engaged in an
investigation incident to the practice of accountancy.
(12) An independent consultant employed by the attorney general
under IC 32-34-1-48, to the extent that the independent consultant
is engaged in providing services for the attorney general.
this state may not engage in the construction or maintenance of any
public work involving the practice of engineering for which plans,
specifications, and estimates have not been prepared, certified, and
sealed by, and the construction and maintenance executed under the
direct supervision of, a professional engineer. Any contract executed
in violation of this section is void.
(b) An official of this state, or of any city, town, county, township,
or school corporation, charged with the enforcement of any law,
ordinance, or rule relating to the design, construction, or alteration of
buildings or structures may not use or accept or approve any plans or
specifications that have not been prepared by, or under the supervision
of and certified by, a registered professional engineer. This subsection
does not apply:
(1) to plans or specifications prepared by, or under the
supervision of and certified by, an architect who is registered
under IC 25-4-1;
(2) to structures and construction listed in IC 22-15-3-3(a); or
(3) to plans or specifications contained in a registration, license,
or permit application, including an application for an initial
permit, the renewal of a permit, the modification of a permit, or
a variance from a permit submitted to the commissioner of the
department of environmental management under IC 13, unless the
permit is for the approval of plans or specifications for
construction for which a professional engineer's seal is required
by operation of either state or federal law, rule, or regulation. This
subsection does not require a professional engineer's seal for an
application for an air quality construction permit under 326
IAC 2-1-3.
This section shall not be construed as to abridge or otherwise affect the
powers of any state board or department to issue rules governing the
safety of buildings or structures.
(c) All maps required to show the underground workings of any
mine in Indiana must be prepared, certified, and sealed by a
professional engineer or land professional surveyor.
(1) a timber buyer; or
(2) a person who cuts timber but is not a timber buyer (referred to as a "timber cutter" in this section).
(b) The department may under IC 4-21.5-3-8 commence a proceeding against a timber buyer or a timber cutter if there is reason
to believe that:
(1) the timber buyer or timber cutter has acquired timber from a
timber grower under a written contract for the sale of the timber
without payment having been made to the timber grower as
specified in the contract; or
(2) if:
(A) there is no written contract for the sale of the timber; or
(B) there is a written contract for the sale of the timber but the
contract does not set forth the purchase price for the timber;
the timber buyer or timber cutter has cut timber or acquired
timber from the timber grower without payment having been
made to the timber grower equal to the value of the timber as
determined under IC 26-1-2.
(c) A proceeding may be commenced under this section at the
request of a timber grower.
(d) The necessary parties to a proceeding initiated under this section
are:
(1) the timber grower; and
(2) the timber buyer or timber cutter.
(e) After the commencement of a proceeding under this section
through the service of a complaint under IC 4-21.5-3-8, a party to the
proceeding may move for the joinder of any of the following persons
having a relationship to the site or subject of the complaint:
(1) The surety of the timber buyer.
(2) A timber buyer.
(3) A timber cutter.
(4) A landowner.
(5) An owner of land adjacent to the land from which the timber
was cut.
(6) A consultant receiving a fee for services related to the timber.
(7) A land professional surveyor performing a minimum standard
detail survey in Indiana under the requirements of the Indiana
Society of Professional Land Surveyors and Indiana Land
Association. an American Land Title Association and
American Congress on Surveying and Mapping
(ALTA/ACSM) land title survey.
(8) The department of natural resources, if the department has a
relationship to the site or subject of the complaint as a landowner
or owner of adjacent land.
(f) The complaint served under IC 4-21.5-3-8 to commence a
proceeding under this section may seek the following:
(1) Damages in compensation for damage actually resulting from
the wrongful activities of a timber buyer or timber cutter.
(2) Damages equal to three (3) times the stumpage value of any
timber that is wrongfully cut or appropriated without payment.
(g) Notwithstanding subsection (f), the liability on the surety bond
of a timber cutter is limited to the value of any timber wrongfully cut
or appropriated.
(h) A proceeding under this section is governed by IC 4-21.5.
Before a hearing is convened in the proceeding, a prehearing
conference shall be conducted to provide the parties with an
opportunity for settlement, including an opportunity for mediation.
(i) In determining the site for a hearing in a proceeding under this
section, the administrative law judge shall consider the convenience of
the parties.
(j) A final agency action in a proceeding under this section must
address all issues of damage and responsibility and, after the
completion of the opportunity for judicial review, may be enforced in
a civil proceeding as a judgment.
(1) a description of the nearest first-order or second-order horizontal geodetic control monument from which the coordinates being recorded were determined; and
(2) the method of survey for the determination.
(b) If the position of the described first-order or second-order geodetic control monument is not published by the National Geodetic Survey (or its successors), the recording document must contain a certification signed by a
(c) The publishing of the existing control stations or the acceptance with intent to publish the newly established control stations by the National Geodetic Survey constitutes evidence of adherence to the FGCC specifications. Horizontal geodetic control monuments shall be permanently monumented and control data sheets prepared and filed so that a densification of the control network is accomplished.
(d) The surveying techniques and positioning systems used to
produce first-order or second-order geodetic precision shall be
identified. Annotation must accompany state plane coordinate values
when they are used to less than second-order precision.
IC 25-2.1-13-3 (Concerning accountants).
IC 25-2.5-3-4 (Concerning acupuncturists).
IC 25-5.1-4-2 (Concerning athletic trainers).
IC 25-5.2-2-12 (Concerning athlete agents).
IC 25-6.1-7-1 (Concerning auctioneers and auctions).
IC 25-6.1-7-2 (Concerning auctioneers and auctions).
IC 25-8-15.4-25 (Concerning beauty culture).
IC 25-10-1-11 (Concerning chiropractors).
IC 25-11-1-12 (Concerning collection agencies).
IC 25-13-1-3 (Concerning dental hygienists).
IC 25-14-1-25 (Concerning dentists).
IC 25-14-4-6 (Concerning dentists).
IC 25-14.5-7-2 (Concerning dietitians).
IC 25-16-1-18 (Concerning employment services).
IC 25-17.3-5-3 (Concerning genetic counselors).
IC 25-17.6-8-2 (Concerning geologists).
IC 25-18-1-19 (Concerning distress sales).
IC 25-20-1-21 (Concerning hearing aid dealers).
IC 25-20.7-5-1 (Concerning interior designers).
IC 25-21.5-5-10 (Concerning
IC 25-21.5-13-2 (Concerning
IC 25-21.8-7-1 (Concerning massage therapists).
IC 25-22.5-8-2 (Concerning physicians).
IC 25-22.5-8-3 (Concerning physicians).
IC 25-23-1-27 (Concerning nurses).
IC 25-23.5-3-2 (Concerning occupational therapists).
IC 25-23.6-3-3 (Concerning marriage and family therapists).
IC 25-23.6-4-4 (Concerning marriage and family therapists).
IC 25-23.6-4.5-4 (Concerning marriage and family therapists).
IC 25-23.6-10.1-6 (Concerning marriage and family therapists).
IC 25-23.6-11-1 (Concerning marriage and family therapists).
IC 25-23.6-11-2 (Concerning marriage and family therapists).
IC 25-23.6-11-3 (Concerning marriage and family therapists).
IC 25-23.7-7-5 (Concerning manufactured home installers).
IC 25-24-1-18 (Concerning optometrists).
IC 25-24-3-17 (Concerning optometrists).
IC 25-26-13-29 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-23 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-25 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-26 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-27 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-19-9 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-21-11 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-27-1-12 (Concerning physical therapists).
IC 25-27.5-7-2 (Concerning physician assistants).
IC 25-28.5-1-31 (Concerning plumbers).
IC 25-29-9-1 (Concerning podiatrists).
IC 25-30-1-21 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-30-1.3-23 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-31-1-13 (Concerning engineers).
IC 25-31-1-27 (Concerning engineers).
IC 25-31.5-8-7 (Concerning soil scientists).
IC 25-33-1-15 (Concerning psychologists).
IC 25-34.5-3-2 (Concerning respiratory care specialists).
IC 25-35.6-3-10 (Concerning speech pathologists and audiologists).
IC 25-36.1-1-2 (Concerning surgical technologists).
IC 25-36.5-1-10 (Concerning timber buyers).
IC 25-36.5-1-15 (Concerning timber buyers).
IC 25-38.1-4-10 (Concerning veterinarians).
IC 25-38.1-4-11 (Concerning veterinarians).
IC 25-39-5-1 (Concerning water well drilling contractors).
IC 25-39-5-7 (Concerning water well drilling contractors).
IC 25-41-1-2 (Concerning behavior analysts).
(1) concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties named in an instrument affecting real property;
(2) is made by a
(3) is made by a
(4) concerns facts incident to the adverse possession of real property and the payment of taxes on that property; or
(5) is made by a purchaser of real property sold on foreclosure or conveyed in lieu of foreclosure of:
(A) a deed of trust securing an issue of bonds or other evidences of indebtedness;
(B) a mortgage;
(C) a contract for the sale of real property; or
(D) any other security instrument;
held by a fiduciary or other representative, and concerns the authority of the purchaser to purchase the property and the terms and conditions on which the property is to be held and disposed of;
may be recorded in the office of the recorder of the county in which the property is located. If an affidavit is presented to the recorder for record under this section, the recorder shall record it in the miscellaneous records in the recorder's office.
(b) An affidavit recorded under this section may be received in evidence in any proceeding affecting the real property and constitutes prima facie evidence of the facts and circumstances contained in the affidavit.
(1) an actively registered
(2) a graduate of an accredited
(3) a
(b) An individual elected to the office of county surveyor after June 30, 2009, shall, within two (2) years after beginning the county surveyor's term, complete at least twenty-four (24) hours of training courses related to
of Indiana Counties and approved by the state board of accounts.
(c) An individual shall fulfill the training requirement established
by subsection (b) for each term the individual serves.
(b) A landowner desiring to establish the location of the line between the landowner's land and that of an adjoining landowner by means of a legal survey may do so as follows:
(1) The landowner shall procure a
(2) The
(3) If all the owners of the adjoining lands consent in writing, the notice is not necessary.
(4) The lines and corners shall be properly marked, monumented by durable material with letters and figures establishing such lines and corners, referenced, and tied to corners shown in the corner record book in the office of the county surveyor or to corners shown on a plat recorded in the plat books in the office of the county recorder.
(5) The
(c) The lines located and established under subsection (b) are binding on all landowners affected and their heirs and assigns, unless an appeal is taken under section 14 of this chapter. The right to appeal commences when the plat of the legal survey is recorded by the county surveyor in the legal survey record book.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) The county
surveyor shall administer this section if the county surveyor is
registered as a land professional surveyor under IC 25-21.5. If the
county surveyor is not registered, the county surveyor shall, with the
approval of the county executive, appoint a person who is registered as
a land professional surveyor and is a resident voter of the county to
administer this section. If a resident, registered land professional
surveyor is not available, a land professional surveyor who resides in
another county may be employed.
(b) The county surveyor shall keep and maintain a corner record
book, that must contain:
(1) a record and an index by location of all the original
government survey corners;
(2) outline maps of each section, grant, tract, and subdivision or
group of sections, grants, tracts, and subdivisions in the county
showing the location of each corner on record and stating at the
location of each corner on the map where the reference for that
corner may be found; and
(3) a reference index for each corner.
A separate card index system may be used in lieu of the index required
by subdivision (3).
(c) The record of each corner referenced in the record book must
contain:
(1) the location of the corner;
(2) an accurate description of the monument used to mark the
corner such as "stone" or "iron pin";
(3) the distance and bearings from the corner to three (3) or more
permanent objects or structures;
(4) the date the corner was last checked and the condition of the
monument and references;
(5) the name of the county surveyor making the check; and
(6) the method of establishing or relocating the corner.
(d) The records of the county corners shall be established and
perpetuated in the following manner:
(1) Each year the county surveyor shall check and reference at
least five percent (5%) of all corners shown in the corner record
book.
(2) The county surveyor may enter in the county surveyor's
corner record book the findings submitted by a private, land
professional surveyor who checks and references corners and is
registered under IC 25-21.5.
(e) Any money in the county surveyor's corner perpetuation fund
collected under IC 36-2-7-10 or IC 36-2-19 may be appropriated in the
manner provided by law for the purposes of this section.
(1) A
(2) An employee or subordinate of a
(3) An individual who is exempt from registration as a
(1) a new tax parcel is created;
(2) no survey has been previously recorded; or
(3) the monuments, monument references, or the description varies from the last recorded survey of the parcel.
(b) The plat of survey described in subsection (a) must include the following:
(1) The name of the owner or title holder according to the current county tax records at the time of recording (or the actual title holder if the land surveyor knows the tax records are not accurate).
(2) The area of each surveyed tract.
(3) A statement indicating the existence or absence of improvements on each surveyed tract.
(c) The county may enact an ordinance requiring that if plats of survey have been prepared the plats must be filed with the county surveyor's office. If such an ordinance is adopted and a plat of survey has been prepared, a notarized record executed by the professional surveyor of the filing (showing the name of the professional surveyor, the date of certification, the name of the owner of the surveyed parcel
as described in subsection (b)(1), and a brief description of the
surveyed parcel) must be recorded in the recorder's office. The
ordinance shall establish a fee schedule for the filing of the plat.
(1) A survey, certified by a professional surveyor registered under IC 25-21.5, showing the boundaries of and quantity of land contained in the territory sought to be incorporated.
(2) An enumeration of the territory's residents and landowners and their mailing addresses, completed not more than thirty (30) days before the time of filing of the petition and verified by the persons supplying it.
(3) A statement of the assessed valuation of all real property within the territory, certified by the township assessor of the township in which the territory is located, or the county assessor if there is no township assessor for the township.
(4) A statement of the services to be provided to the residents of the proposed town and the approximate times at which they are to be established.
(5) A statement of the estimated cost of the services to be provided and the proposed tax rate for the town.
(6) The name to be given to the proposed town.
(b) The certificate of a
(c) Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The officer shall then attach to the plat a certificate of the acknowledgment, which must be recorded with the plat.
(d) Before offering a plat for recording under this section, a person must file a copy of the plat in the county auditor's office and must submit the plat for the approval of the county executive. The county recorder may record the plat only if a certificate showing the approval of the county executive is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void.
(e) Except as provided in subsection (f), the county executive may approve or disapprove a subdivision plat only on the basis of whether the plat complies with the requirements set forth in subsections (a) through (c).
(f) The county executive may approve or disapprove a subdivision plat based upon whether the plat complies with standards for development of subdivisions within the county executive's jurisdiction. The standards shall be set by the county executive, shall be reasonable, and may include a minimum lot size. The county executive shall rely only upon the following criteria in establishing the standards for development:
(1) The standards must protect and provide for the public health, safety, and welfare of the county.
(2) The standards must ensure that public facilities and services are available to support the subdivision.
(g) The county executive may not approve or disapprove a subdivision plat based upon the standards for development until the county executive has had at least one (1) public hearing on the issue. The county executive shall publish notice of a hearing in accordance with IC 5-3-1. The notice must set forth the following information:
(1) A legal description of the property where the proposed subdivision will be located.
(2) The date, time, and location of the hearing.
(3) The name of the applicant submitting the plat for the approval of the county executive.
(4) A statement that the county executive will consider at the hearing whether to approve the plat based upon whether the plat is in accordance with the county's development standards.
(h) If, after a hearing, the county executive disapproves the plat, the county executive shall make written findings that set forth its reasons and a decision denying approval and shall provide the applicant with a copy.
or plat. The resolution must describe and embrace all tracts to be
included in the plat, with the description being by streets, alleys,
corporate lines, other platted additions' lines, or any boundary line that
can be definitely located. Notice of the adoption of the resolution must
be given in accordance with IC 5-3-1. The notice must fix a time and
a place where the persons owning the tracts may appear before the
legislative body and object to any further steps being taken in the
proceedings.
(b) If, after hearing any objections, the legislative body considers it
necessary to proceed with the survey and plat, it shall direct the
municipal civil engineer, if he the engineer is a land professional
surveyor, or, if he the engineer is not, some suitable and competent
land professional surveyor, to immediately make the survey and plat
and report them to the legislative body.
(b) All public ways shall be preserved and properly designated on the plat.
(c) Each specific description shall be platted as one (1) lot and given a distinct number on the plat, except that where a part of the specific description is cut off by a street or alley, the tract may be given two (2) or more distinct numbers, as required by the situation.
(d) If any part of the entire tract to be platted is cut up into blocks by streets or alleys, the tract shall be platted in lots extending from the street or alley in the front to the alley in the rear.
(e) If a lot embraces more than one (1) specific description, the memoranda attached to the plat must designate how much of the lot belongs to each of the part owners.
(f) A person owning a tract that is within the boundaries of the territory to be platted and is larger than an ordinary lot may have that tract subdivided into lots of convenient size in the making of the plat.
(g) The
(h) The
(b) If any errors or omissions are discovered, the legislative body shall require the professional surveyor to correct them. When the legislative body has approved the report of the survey and plat, it shall give the plat an appropriate name and have it, together with the resolution of approval, recorded in the proper records in the county recorder's office. When recorded, the plat has the same legal effect as if it had been done by the owners of the tracts platted.
(b) The person employed by the county surveyor, who shall be
known as a qualified deputy, shall file with the county surveyor the
original of all plans, specifications, and other documents made by the
person in performing the work for which the person was employed.
Those plans, specifications, and other documents become a part of the
permanent file of the county surveyor's office, which the county
surveyor shall maintain for the use of the board as provided in section
109 of this chapter.
(c) The rate of compensation paid to a qualified deputy shall be
assessed against the drainage project for which the deputy was
employed.
(d) This subsection applies whenever the county surveyor is not
registered under IC 25-21.5 or IC 25-31, and the county surveyor has
not employed a registered person as provided in subsection (a). If the
county has a full-time employee who is registered as a land
professional surveyor under IC 25-21.5 or as a professional engineer
under IC 25-31, the board may, subject to the approval of the county
executive and the county surveyor, designate that person to perform the
functions of the county surveyor under this chapter that are allowed
under the employee's license as a land professional surveyor or
professional engineer. If a designation is made and approved under this
subsection, the county surveyor may not employ a registered person
under subsection (a) to perform that same function.
(1) the preparation of the county surveyor's report or specified parts of it; and
(2) the supervision of the construction or reconstruction.
(b) A contract deputy shall be employed by contract. Each contract must be for work on a specific drainage project, and may be on a per project fee basis or on a per diem basis of compensation.
(c) A contract deputy must have the same qualifications as an engineer or professional surveyor employed or appointed by the board under section 30 or 31 of this chapter.
(d) The original of all plans, specifications, and other documents made by a contract deputy in performing the work for which
contract deputy was employed, or facsimiles of them in reproducible
form, shall be transmitted to the board and shall be permanently
retained by the board or by the county surveyor in the manner in which
similar documents prepared by the county surveyor or the board are
retained.
(e) The compensation of a contract deputy shall be assessed against
the drainage project for which the deputy was employed, and may be
paid from the general drain improvement fund before the order for the
construction or reconstruction.
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