Indiana Dunes State Park
Indiana Dunes State Park was established in 1925 based upon state enabling legislation enacted two years
earlier. One of the first inclusions was "Mt. Tom (one of the great dunes)," included in a 110 acre tract
purchased from John O. Bowers. Although condemnation was considered for development of the park, "the
entire amount authorized by the law was acquired by negotiation at reasonable prices. The total cost
of the Dunes Park lands was approximately $1,000,000." By 1930, the park had included 3½ square miles of
the "most picturesque part" of Indiana's dune region.46
State Dedicated Nature Preserves
Indiana legislation pertaining to the dedication and development of "nature preserves" is set forth at IC
14-31-1. The administration of the program is overseen by the Division of Nature Preserves of the
Department of Natural Resources, with notable participation by The Nature Conservancy and other
nongovernmental organizations.
One of the stated purposes of the nature preserves legislation is to promote and assist in the
restoration of natural areas which might ultimately qualify for dedication as nature preserves.47
Currently, portions of nature preserves that have been significantly disturbed are targeted for restoration
activities, if financial resources are available.48
The Division of Nature Preserves supports the reintroduction of extirpated species into the appropriate
habitat. For example, the Division of Nature Preserves has reintroduced Mead's milkweed into a prairie in
Lake County with the financial assistance of the U.S. Fish and Wildlife Service. The Division also
promotes the use of native vegetation through public information articles and presentations.49
State Classified Native Forest Lands
The Division of Forestry of the Department of Natural Resources administers what is sometimes referenced
as the "Classified Forest Act."50 This statutory chapter allows land to be set aside and managed as a forest
in return for technical assistance and a general property tax assessment of $1 per acre.51 The statute
references both areas which may be identified as native forest land and those which are forest tree
plantations,52 although the two classifications are not differentiated either by statute or rule.
Endangered or Threatened Species
By Indiana law, a person ordinarily must not take, possess, transport, export, process, ship, or sell any
species or subspecies of wildlife appearing on the list of Indiana indigenous wildlife determined to be
endangered or on the U.S. list of endangered wildlife which was in effect in 1979.53 "Wildlife" is defined
to include any wild animal that is a mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or
Dedicated Nature Preserves in Northwest Indiana other wild animal.54 Lists of endangered wildlife are set forth by rule.55 Indiana state law does not
afford the same protection to rare and endangered plants as are afforded to wildlife, but the Indiana
Natural Resources Commission has established an informal listing which includes both and which is entitled
A Roster of Indiana Animals and Plants which are Extirpated, Endangered, Threatened, or Rare.56 The
Department of Natural Resources is authorized to establish the programs, including acquisition of land or
aquatic habitat, that are considered necessary for management of nongame species.57
Other Mechanisms to Protect Natural Areas
Indiana has adopted the "Uniform Conservation Easement Act" authorizing the voluntary transfer of a
"conservation easement" for a variety of purposes. Among these purposes are: "(1) retaining or protecting
natural, scenic, or open-space values of real property; (2) assuring its availability for agricultural,
forest, recreational, or open-space use; (3) protecting natural resources; (4) maintaining or enhancing
air or water quality; or (5) preserving the historical, architectural, archaeological, or cultural aspects
of real property."60 A conservation easement may be held by a governmental body or by a qualified charitable
institution. A liberal approach is applied to the establishment of conservation easements, and the act
provides flexibility in identifying in the easement who may enforce its terms.
Rivers and streams can be designated as a natural river, scenic river, or a recreational river. The
designation provides for the establishment of a local commission to protect and improve natural and
scenic qualities of the specified river in cooperation with the DNR. Where a local river commission exists,
the natural or scenic qualities of the river may not be affected by a person without a permit from the
river commission. The Big Blue River, Cedar Creek, and Wildcat Creek have been designated as part
of Indiana's system. The Natural Resources Commission adopted a nonrule policy document, Outstanding
Rivers List for Indiana61, which designates high quality rives in Indiana. Deep River is listed from one
mile south of U.S. 30 to its mouth on the Little Calumet River.
The Indiana Heritage Trust was created by the General Assembly in 1992. The Trust is funded through the
sale of Environmental License Plates. The Trust also seeks contributions from corporations, foundations,
and individuals. The Trust uses the money to by land from willing sellers for new and existing state
parks, state forests, nature preserves, fish and wildlife areas, trails and other areas.62
The Indiana Natural Heritage Protection Campaign is a cooperative fund raising effort designed to
generate $10 million ($5 million of public appropriations to be matched by $5 million private contributions)
for the acquisition and care of areas which qualify for the state nature preserve system63. Each dollar
contributed by citizens, businesses, and philanthropic organizations are matched with an equal
appropriation from the state legislature. The total acreage to be acquired in the campaign may not exceed
15,000 acres. Campaign purchases "may be made only from willing
sellers."64
