327 IAC 6.1-2-34 "Land with a high potential for public exposure" defined

Sec. 34. (a) "Land with a high potential for public exposure" means land that: (1) does not have restricted access; (2) is easily accessible to the public; or (3) is used by the public during normal work or recreational activities. (b) Examples include, but are not limited to, the following: (1) Public parks and forests. (2) Athletic fields. (3) Cemeteries. (4) Agricultural land that is: (A) used for growing food crops; and (B) open to the public for any period of time. (5) Plant nurseries. (6) Turf farms. (7) Golf courses. (8) Strip mine reclamation areas located in a populated area or accessible to the public. (9) Industrial sites located in a populated area or accessible to the public. (10) Construction sites located in a populated area or accessible to the public. (11) Other sites that the commissioner may consider to have a high potential for public exposure based on any of the following: (A) Existing public roads. (B) Population density. (C) Recreational opportunity. (D) Infrastructure development. (E) Level of management of property.