(A) Except as provided by this section, it is made unlawful for any person, or government entity, to move, change, damage, or otherwise alter a monument marking a section corner, HARN point, or GPS point without complying with provisions of I.C. 36-2-12-13.
(B) Any person or government entity who moves, changes, damages, or otherwise alters a monument marking a section corner, HARN point, or GPS point shall reimburse the county for the cost of repairing or replacing the monument.
(C) A person may, for excavation, mineral extraction, or other purposes related to the person’s business, including the activities described in division (E) below, temporarily remove a monument marking, a section corner, or a GPS point.
(1) The person must notify, in writing, the County Surveyor at least 30 days before removing the monument.
(2) The person must, within a reasonable time, either replace the monument at the person’s expense, utilizing a registered land surveyor under the supervision of the County Surveyor or, if the County Surveyor is not registered under I.C. 25-21.5 or I.C. 25-31, the registered person who is appointed by the County Board of Commissioners under I.C. 36-2-12-11, or have the County Surveyor replace the monument.
(D) The person shall reimburse the county for the cost of such supervision or replacement by the County Surveyor. The County Surveyor shall file a copy of the notice in the corner record book.
(E) Only the County Surveyor, or his or her designee, may change the location of any monument. A person who wishes to have the location of a monument changed must make a request to the County Surveyor, in writing, and furnish written approval of all landowners whose property is affected by the proposed change.
(F) The County Surveyor may approve, reject, or modify the request, and shall file a copy of the notice and the landowners’ consents in the corner record book.
(G) When, in the construction or maintenance of a state, county, or municipal road or street, it is necessary to remove or bury a monument marking a section corner or GPS point, the owner of the public right-of-way shall notify the County Surveyor, in writing, at least 15 days before commencing the work.
(H) The County Sheriff, or his or her designee, any deputy of the County Sheriff’s Department, or the County Surveyor may issue a citation under the terms and conditions of this section.
(I) All fines imposed for violations of this section shall be deposited in the County Surveyor’s Corner Stone Perpetuation Fund.
Statutory reference:
Statutory authority on survey markers: I.C. 36-2-12-13.
(Ord. 2004-41, passed 12-18-2004) Penalty, see § 150.99