Legislation: Entomology and Plant Pathology
Citation and link to full text: Indiana Code, Title 14, Article 24
Responsible agency and link to landing page: Indiana Department of Natural Resources (INDNR)
Related regulations: Indiana Administrative Code, Title 312, Article 18)
Advisory body and link to landing page: Indiana Natural Resources Commission, Indiana Invasive Species Council
Roles of legislation and related regulations: Title 14 establishes the Indiana Natural Resources Commission, and Article 24 gives both it and INDNR jurisdiction over pests and pathogens. The rules name specific pests and pathogens and describe other species of regulatory concern that are not designated as pests or pathogens. The rules also describe specific prohibitions, inspections, and control programs for these species.
Key definition(s):
The Indiana Natural Resources Commission (hereafter, the Commission) addresses issues related to INDNR, a responsibility that includes rulemaking. It has 12 members, including specific state agency representatives, the chair of a separate Natural Resources Advisory Committee, the president of the Indiana Academy of Science, and six citizen members appointed by the Governor with requirements regarding their level of expertise and political party affiliation.
A pest or pathogen is an arthropod, nematode, micro-organism, fungus, parasitic plant, mollusk, plant disease or exotic weed that may cause harm to nursery stock, agricultural crops, other vegetation, or bees. A land owner may be required to eradicate a pest or pathogen on his or her land under an order developed by INDNR.
Woody species otherwise regulated through Article 18 that are not pests or pathogens (full list in regulation link above): Multiflora rose (Rosa multiflora), Barberries (Berberis – all species, varieties, cultivars, and hybrids, Mahoberberis regulations – five named species or hybrids, Mahonia regulations – 26 named species, varieties cultivars or hybrids)
Pests or pathogens, woody plants only (full list in regulation link above):
| Tree-of-heaven Ailanthus altissima |
Japanese honeysuckle Lonicera japonica |
| Black alder Alnus glutinosa |
Amur bush honeysuckle Lonicera maackii |
| Japanese barberry Berberis thunbergii |
Morrow’s bush honeysuckle Lonicera morrowii |
| Oriental bittersweet Celastrus orbiculatus |
Tatarian bush honeysuckle Lonicera tatarica |
| Autumn olive Elaeagnus umbellata |
Bell’s bush honeysuckle Lonicera x bella |
| Wintercreeper Euonymus fortunei |
White mulberry Morus alba |
| Glossy buckthorn Frangula alnus syn. Rhamnus frangula |
Amur cork tree Phellodendron amurense |
| Border privet Ligustrum obtusifolium |
Common buckthorn Rhamnus cathartica |
Prohibited acts:
- To sell, offer or grow for sale, gift, barter, exchange, or distribute a pest or pathogen species (in effect 04/18/2020)
- Transporting or transferring a pest or pathogen species (in effect 04/18/2020)
- Introducing a pest or pathogen species
- Planting of multiflora rose (Rosa multiflora)
- Possessing or growing any species, variety, cultivar or hybrid in the barberry family (Berberidaceae) that is not fully resistant to black stem rust, a pest or pathogen. Common barberry (Berberis vulgaris) is a known host of black stem rust.
Exemptions: A person may possess a pest or pathogen species under a permit issued by the state entomologist. A person may transport a pest or pathogen species in order to destroy it as part of a project approved by the state entomologist. Certified and licensed nurseries may plant multiflora rose for use as root stock for growing ornamental roses, provided the nursery inspector discloses the root stock to INDNR inspectors and does not grow multiflora rose as ungrafted stock.
Cultivar exemptions: None.
Process for species selection/addition: The Commission is responsible for rulemaking/policy related to pests and pathogens, including their designation, prohibited actions, and control that may be required. The Commission can add exotic weeds as pests or pathogens by initiating the codified rulemaking process for the state. Forty-four terrestrial plants ranked as highly invasive by the Invasive Plant Advisory Committee of the Indiana Invasive Species Council were added to the pests and pathogens rule in 2019.
Photo Credit: Black oak savannah at Indiana Dunes National Lakeshore (Photo: Clair Ryan, Midwest Invasive Plant Network)
