reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-15. Repealed

[Pre-1995 Recodification Citation: 36-7-6.2-5(a), (b).]
As added by P.L.1-1995, SEC.23. Repealed by P.L.138-2018, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-16. Record

Sec. 16. (a) The commission shall keep a record of the commission's resolutions, transactions, and findings. This record is a public record.
(b) The commission may adopt rules for the transaction of business.
[Pre-1995 Recodification Citation: 36-7-6.2-5(c), (d).]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-17. Capacity to Sue or Be Sued

Sec. 17. The commission may sue and be sued.
[Pre-1995 Recodification Citation: 36-7-6.2-5(e).]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-18. Annual Report

Sec. 18. The commission shall make an annual report of the commission's activities to the executive of each participating county. The commission shall upon request make an annual report to the following:
(1) The governor.
(2) Any member of the general assembly.
[Pre-1995 Recodification Citation: 36-7-6.2-6.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-19. Powers

Sec. 19. The commission may do the following:
(1) Provide a forum for the discussion, study, and evaluation of water resource issues of common concern in the basin.
(2) Facilitate and foster cooperative planning and coordinated management of the basin's water and related land resources.
(3) Develop positions on major water resource issues and serve as an advocate of the basin's interests before Congress and federal, state, and local governmental agencies.
(4) Develop plans and tools to improve water quality or mitigate flooding in the basin.
(5) Publicize, advertise, and distribute reports on the commission's purposes, objectives, studies, and findings.
(6) When requested, make recommendations in matters related to the commission's functions and objectives to political subdivisions in the basin and to other public and private agencies.
(7) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
(8) Employ staff.
(9) Enter into contracts for the purposes of this chapter.
(10) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 26 of this chapter.
[Pre-1995 Recodification Citation: 36-7-6.2-7.]
As added by P.L.1-1995, SEC.23. Amended by P.L.138-2018, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-20. Government Officials Attending Meetings and Advising

Sec. 20. The commission may invite the governor, government officials, or other individuals from the St. Joseph River basin in Michigan to do the following:
(1) Attend the commission's meetings.
(2) Advise the commission upon the commission's request.
[Pre-1995 Recodification Citation: 36-7-6.2-1(c).]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-21. Interstate Compact With Michigan

Sec. 21. The commission shall do the following:
(1) Explore the desirability of entering into an interstate compact with Michigan to improve water quality in the basin.
(2) Make recommendations on the content of a compact.
[Pre-1995 Recodification Citation: 36-7-6.2-1(d).]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-22. Grants and Appropriations

Sec. 22. (a) The commission may receive grants and appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) The commission may enter into agreements or contracts regarding the acceptance or use of these grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
[Pre-1995 Recodification Citation: 36-7-6.2-8.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-23. Budget

Sec. 23. The commission shall do the following:
(1) Prepare and adopt an annual budget.
(2) Submit the budget to the executive of each participating county.
(3) Make the budget available to each agency appropriating money to the commission.
[Pre-1995 Recodification Citation: 36-7-6.2-9.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-24. Appropriations to Carry Out Commission's Responsibilities

Sec. 24. (a) The participating counties may budget, appropriate, and disburse money to carry out the purposes of the commission under this chapter.
(b) The appropriation from the participating counties that is needed for all or part of the commission's budget shall be apportioned among the participating counties in direct relationship to the amount of land area in each participating county certified under section 7 of this chapter.
(c) The apportionment that is needed from each participating county shall be presented to the county executive at the same time that budgets are presented by county officers.
[Pre-1995 Recodification Citation: 36-7-6.2-10.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-25. Expenditures; Deposits

Sec. 25. (a) The commission shall make expenditures only as budgeted. However, the commission may revise the budget at any time to authorize unbudgeted expenditures.
(b) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a nonreverting cumulative fund to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund.
(c) The commission is responsible for the safekeeping and deposit of money the commission receives under this chapter. The state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission.
(d) The treasurer of the commission may receive, disburse, and handle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the commission.
[Pre-1995 Recodification Citation: 36-7-6.2-11.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-26. Political Subdivision Cooperative Agreement With Commission

Sec. 26. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to:
(1) develop a plan to improve water quality or mitigate flooding in the part of the basin that is described in the cooperative agreement;
(2) exercise any of the other powers of the political subdivision to regulate watercourses in the basin; or
(3) develop and promote good soil and water conservation practices and procedures.
As added by P.L.138-2018, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-27. Determination of Best Method and Manner

Sec. 27. In developing a plan to improve water quality or mitigate flooding in the part of the basin described in a cooperative agreement entered into under section 26 of this chapter, the commission shall determine the best method and manner of improving water quality or mitigating flooding, giving consideration to the following:
(1) The increase infiltration method.
(2) The channel improvement method.
(3) The wetland restoration method.
(4) Flood plain regulation.
(5) All nonstructural methods.
As added by P.L.138-2018, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-28. Public Meeting Concerning Plan to Improve Water Quality or Mitigate Flooding

Sec. 28. (a) The commission shall schedule a public meeting in accordance with IC 5-14-1.5 in each participating county containing a political subdivision that has entered into a cooperative agreement under section 26(1) of this chapter authorizing the commission to develop a plan. The purpose of the public meeting shall be to gain input regarding the development of the plan before the plan is implemented in accordance with this chapter.
(b) The commission shall do the following:
(1) At least ten (10) days before the public meeting in each participating county described in subsection (a), post a copy of the proposed plan on the commission's Internet web site or the Internet web site of the participating county (if the county maintains an Internet web site).
(2) Publish notice of each public meeting in a participating county described in subsection (a) in accordance with IC 5-3-1 at least ten (10) days before the public meeting.
(3) Include the following information in the notice described in subdivision (2):
(A) The date, time, and place of the meeting in each participating county described in subsection (a).
(B) A synopsis of the subject matter of the meeting.
(C) How an individual may obtain a copy of the proposed plan from the commission.
(D) That the public is encouraged to make comments at the meeting.
(c) At the meeting, the commission shall allow the public to be heard on the proposed plan.
As added by P.L.138-2018, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-29. State Approval of Plan

Sec. 29. Before a plan is implemented by a political subdivision, the plan must be approved by the state in accordance with IC 14-25 through IC 14-29.
As added by P.L.138-2018, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-30. Commission Rules

Sec. 30. The commission may adopt rules to do the following:
(1) Require that increased water runoff resulting from new construction be impounded on the construction site.
(2) Permit the requirement of onsite water impoundment under subdivision (1) to be waived upon payment of a reasonable fee by the developer of the new construction.
As added by P.L.138-2018, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-31. Commission Acquisition Powers; Restriction of Construction in Flood Plains

Sec. 31. (a) For the purposes of this chapter, the commission may do the following:
(1) Acquire by grant, gift, purchase, or devise, and dispose of, conservation easements under IC 32-23-5 in land within the one hundred (100) year flood plains and the wetlands in the basin.
(2) Acquire, by grant, gift, purchase, or devise, improvements within the one hundred (100) year flood plains of the basin for the purpose of removing those improvements.
(3) Adopt rules that restrict construction within the one hundred (100) year flood plains of the basin.
(4) Acquire, dispose of, hold, use, improve, maintain, operate, own, manage, or lease real or personal property by grant, gift, purchase, or devise.
(b) The commission may exercise the powers granted by this section as follows:
(1) For purposes of IC 32-23-5.
(2) To contribute to the following:
(A) Flood mitigation.
(B) Flood damage reduction.
(C) Improvements in water quality.
(D) Soil conservation.
As added by P.L.138-2018, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-32. Power to Enter Land; Notice; Right to Appeal

Sec. 32. (a) The commission, the executive board, or employees or authorized representatives of the commission acting under this chapter may:
(1) enter the land lying within the one hundred (100) year flood plain of any watercourse in the basin; and
(2) enter land lying outside the one hundred (100) year flood plain to gain access to land lying within the one hundred (100) year flood plain in the basin;
if necessary to investigate, examine, or survey the land or investigate suspected violations of the Indiana flood control laws.
(b) The commission must give twenty-one (21) days written notice to:
(1) an owner of the affected land;
(2) a contract purchaser of the affected land; or
(3) if the land is municipal property (as described in IC 6-1.1-10-5(a)), the executive of the municipality;
before exercising the right to enter land under this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.
(c) A person described in subsection (b)(1) through (b)(3) may, within the twenty-one (21) day notice period required by subsection (b), appeal the proposed entry under subsection (a) to the commission on the grounds that the proposed entry is not necessary. If a person appeals under this subsection, the commission shall hold a hearing on the necessity of the entry before the right of entry is exercised.
(d) A person entering land under this section must use due care to avoid damage to crops or to fences, buildings, and other structures.
(e) Neither the commission, the executive board, nor employees or authorized representatives of the commission acting under this chapter commits criminal trespass under IC 35-43-2-2 by entering land described in subsection (a) for a purpose set forth in subsection (a).
As added by P.L.138-2018, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" refers to the Upper Wabash River basin commission established by this chapter.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-3. "Participating County" Defined

Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-4. "Plan" Defined

Sec. 4. As used in this chapter, "plan" refers to a plan described in section 13(1) of this chapter.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-5. "Upper Wabash River Basin" Defined

Sec. 5. As used in this chapter, "upper Wabash River basin" means the area located in Adams County, Huntington County, Jay County, or Wells County that is drained by the Wabash River, including the tributaries of the Wabash River.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-6. Establishment

Sec. 6. The upper Wabash River basin commission is established as a separate municipal corporation.
As added by P.L.35-2001, SEC.7. Amended by P.L.2-2005, SEC.56.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-7. Designation as Participating County

Sec. 7. Subject to section 6(b) of this chapter, the executive of a county that includes territory in the upper Wabash River basin may do the following:
(1) Elect to participate in the commission by designating the county as a participating county.
(2) Revoke the designation.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-8. Voting Members

Sec. 8. The following serve as voting members of the commission:
(1) The three (3) county commissioners from each participating county.
(2) The chairman of a soil and water conservation district for each participating county that:
(A) is subject to IC 14-32;
(B) includes territory in a participating county; and
(C) includes territory in the basin.
(3) The county surveyor of each participating county.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-9. Designation of Member; Revocation

Sec. 9. (a) A member of the commission may:
(1) designate another individual to perform the duties of the member on the commission; and
(2) revoke the designation.
(b) Any designation or a revocation of a designation under this section must be filed with the commission to be effective.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-10. Officers

Sec. 10. (a) The commission shall annually elect from among the voting members the following officers:
(1) A chairperson.
(2) A vice chairperson.
(3) A secretary.
(4) A treasurer.
(b) The officers elected under subsection (a) shall be elected and shall perform the duties specified in the commission's bylaws.
(c) The commission may establish other offices and determine the means of filling the offices.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-11. Reimbursements; per Diems

Sec. 11. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Money paid under this section may be paid only from the money available to the commission.
(b) A county may pay members of the commission the salary per diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-12. Powers

Sec. 12. (a) The commission may do the following:
(1) Sue and be sued.
(2) Manage the commission's internal affairs.
(3) Employ staff.
(4) Enter into contracts to implement a cooperative agreement described in section 13 of this chapter.
(5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 13 of this chapter.
(b) This section does not exempt the commission from any statute.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-13. Cooperative Agreements

Sec. 13. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to:
(1) develop a plan to control flooding and improve drainage in that part of the basin that is described in the cooperative agreement;
(2) organize and coordinate the installation of trails along the upper Wabash River basin through partnerships with other organizations; or
(3) develop and promote good soil and water conservation practices and procedures, including erosion control and bank stabilization.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-14. Flood Control Plans

Sec. 14. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following:
(1) The reservoir method.
(2) The channel improvement method.
(3) The levee method.
(4) Flood plain regulation.
(5) All nonstructural methods.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-15. Plans; Public Hearings; Approval

Sec. 15. (a) The commission shall give the public an opportunity to participate in the development of the plan by holding public hearings at which public testimony is heard and by accepting written recommendations from the public.
(b) Before the plan is implemented by a political subdivision, the plan must be approved by the department of natural resources in accordance with IC 14-25 through IC 14-29.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-16. Annual Budget

Sec. 16. (a) The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17.
(b) The commission is not eligible for funding through the Wabash River heritage corridor commission established by IC 14-13-6-6.
As added by P.L.35-2001, SEC.7. Amended by P.L.224-2007, SEC.105; P.L.146-2008, SEC.427; P.L.257-2019, SEC.86.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-17. Rules

Sec. 17. The commission may adopt rules under IC 4-22-2 to require that increased water runoff resulting from new construction be impounded on the construction site.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-18. Advisory Committees

Sec. 18. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the upper Wabash River basin enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 4. Upper Wabash River Basin Commission › 14-30-4-19. Access to Lands

Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may:
(1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and
(2) enter nonflood plain land to gain access to the flood plain land;
to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws.
(b) The commission must give sixty (60) days written notice to:
(1) an affected landowner;
(2) a contract purchaser; or
(3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.
(c) An affected landowner may, within the sixty (60) day notice period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court.
(d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.
As added by P.L.35-2001, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-3. "Designated Watershed"

Sec. 3. "Designated watershed" means the watershed:
(1) within which a watershed development commission may exercise the powers conferred by this article; and
(2) after which a watershed development commission is named under IC 14-30.5-2-3(c).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-4. "Executive"

Sec. 4. "Executive" refers to the following:
(1) Except as provided in subdivision (2), in a county subject to IC 36-2-2, the county board of commissioners (as described in IC 36-2-2-2).
(2) In a county subject to IC 36-2-3.5, the county council (as described in IC 36-2-3.5-3).
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-7. "Resident of Indiana"

Sec. 7. (a) "Resident of Indiana" means an individual:
(1) who is at least eighteen (18) years of age; and
(2) who:
(A) holds a certificate of title for a motor vehicle registered in Indiana;
(B) is registered to vote in Indiana;
(C) is the parent or guardian of a child enrolled in an elementary or a secondary school located in Indiana; or
(D) except as provided in subsection (b), derives more than one-half (1/2) of the individual's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2.
(b) An individual who meets the condition set forth in subsection (a)(2)(D) is not a resident of Indiana if a preponderance of the evidence concerning the conditions set forth in subsection (a)(2)(A) through (a)(2)(C) proves that the individual is not a resident of Indiana.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-8. "Surface Water Outlet"

Sec. 8. "Surface water outlet" means the river, stream, lake, impoundment, or other body of water into which the water in a watershed naturally drains.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-9. "Taxable Parcel"

Sec. 9. "Taxable parcel" means a parcel of real property that is not exempt from property taxation under IC 6-1.1-10.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 1. Definitions › 14-30.5-1-11. "Water Infrastructure" Excludes Drinking Water Project

Sec. 11. A reference in this article to "water infrastructure" or "water infrastructure purposes" excludes any drinking water project in a county, city, or town that is located inside or outside of a commission's designated watershed, unless the context clearly requires otherwise.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-0.5. Prohibition Against Creating Watershed Development Commission if Its Boundary Would Overlap Boundary of River Basin Commission

Sec. 0.5. (a) Notwithstanding subsection (b), this chapter does not authorize the creation of a watershed development commission if the area in which the watershed development commission could exercise the powers conferred by this article would include any part of the area in which a river basin commission established under:
(1) IC 14-30-2;
(2) IC 14-30-3; or
(3) IC 14-30-4;
is authorized to exercise its powers.
(b) This section does not prohibit:
(1) the transformation of the Maumee River basin commission into a watershed development commission under IC 14-30-2-25;
(2) the transformation of the St. Joseph River basin commission into a watershed development commission under 14-30-3-33; or
(3) the transformation of the upper Wabash River basin commission into a watershed development commission under IC 14-30-4-20;
on the grounds that the watershed development commission resulting from the transformation would be authorized to exercise its powers in all or any part of the area in which the transformed river basin commission was authorized to exercise its powers before the transformation.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-1. County Ordinance Designating County as a Member of a Proposed Watershed Development Commission

Sec. 1. (a) The executive of a county may adopt an ordinance designating the county as a member of a proposed watershed development commission if at least ten percent (10%) of the surface of the designated watershed, as identified in the ordinance under subsection (b)(1), lies within the boundaries of the county.
(b) An ordinance adopted under this section must do the following:
(1) Identify the designated watershed within which the proposed commission would exercise its powers by:
(A) identifying the surface water outlet of the designated watershed; and
(B) setting forth the geographic boundaries of the entire area, both inside and outside the county, from which water drains into the surface water outlet.
(2) Specify the area or areas of the county that are inside the geographic boundaries of the designated watershed, as identified under subdivision (1).
(3) Set forth the flood damage reduction, drainage, storm water management, recreation, or water infrastructure purposes for which the proposed commission would be established.
(4) State the flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs of the county that would be addressed through the county's membership in the proposed commission.
(c) A county executive that adopts an ordinance under this section designating a county as a member of a proposed watershed development commission must submit to the natural resources commission:
(1) a copy of the ordinance; and
(2) a written request for the natural resources commission's recognition of the proposed commission under section 2 of this chapter.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-3. Watershed Development Commission Established; Member County Entitled to Representation on Board; Named After Surface Water Outlet

Sec. 3. (a) Upon the natural resources commission's issuance of an order recognizing a proposed watershed development commission under section 2 of this chapter:
(1) the commission is established as a public body corporate and politic; and
(2) each county recognized as a member of the commission under section 2(f) or 2(g) of this chapter becomes a member of the commission.
(b) A county recognized as a member of a commission under section 2(f) or 2(g) of this chapter is entitled to representation on the board of the commission under IC 14-30.5-4-1.
(c) A watershed development commission established under this chapter shall be named after the surface water outlet of the commission's designated watershed, in the following style: "(Name of Surface Water Outlet) Watershed Development Commission".
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-4. Ordinance Proposing County for Membership in Existing Watershed Development Commission; at Least 10% of Designated Watershed Within County

Sec. 4. (a) The executive of a county may adopt an ordinance proposing the county for membership in an established watershed development commission if at least ten percent (10%) of the surface of the commission's designated watershed lies within the boundaries of the county.
(b) An ordinance adopted under this section must do the following:
(1) Identify the existing commission in which the county seeks membership.
(2) Specify the area or areas of the county that are within the designated watershed of the existing commission.
(3) State the flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs of the county that would be addressed through the county's membership in the existing commission.
(c) A county executive that adopts an ordinance under this section proposing the county for membership in an existing commission must submit to the natural resources commission:
(1) a copy of the ordinance; and
(2) a written request for the natural resources commission's recognition of the county as a member of the existing commission.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-5. Ordinance Proposing County for Membership in Existing Watershed Development Commission; Less Than 10% of Designated Watershed Within County

Sec. 5. (a) The executive of a county may adopt an ordinance proposing the county for membership in an established watershed development commission even if less than ten percent (10%) of the surface of the designated watershed of the commission lies within the boundaries of the county.
(b) An ordinance adopted under this section must do the following:
(1) Identify the existing commission in which the county seeks membership.
(2) Specify the area or areas of the county that are within the designated watershed of the existing commission.
(3) State the flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs of the county that would be addressed through the county's membership in the existing commission.
(c) A county executive that adopts an ordinance under this section proposing the county for membership in an existing watershed development commission must submit to the natural resources commission:
(1) a copy of the ordinance; and
(2) a written request for the natural resources commission's recognition of the county as a member of the existing commission.
(d) If a county to which this section applies becomes a member of an existing commission, the county is subject to section 7(c) of this chapter.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-7. County Admitted to Membership in Existing Watershed Development Commission; Representation on Board

Sec. 7. (a) If:
(1) the executives of all of the counties that are members of an existing watershed development commission adopt ordinances under section 6(a)(1) of this chapter accepting a county to which section 4 or 5 of this chapter applies as a member county of the existing commission; and
(2) the natural resources commission recognizes the county as a member of the watershed development commission under section 6(e) of this chapter;
the county becomes a member of the existing commission upon the satisfaction of subdivision (1) or (2), whichever is satisfied later.
(b) If a county to which section 4 of this chapter applies becomes a member of an existing commission under this section, the county is entitled to representation on the board of the existing commission under IC 14-30.5-4-1.
(c) If a county to which section 5 of this chapter applies becomes a member of an existing commission under this section, the county is not entitled to representation on the board of the existing commission under IC 14-30.5-4-1 unless:
(1) the natural resources commission, in the order issued under section 6(e) of this chapter recognizing the county as a member of the existing watershed development commission, recommends that the county be granted representation on the board of the existing commission; and
(2) the executives of all of the counties that are members of the existing commission adopt ordinances granting the county representation on the board of the commission.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-1. Potential Purposes for Establishment of Watershed Development Commission

Sec. 1. (a) The flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes for which a watershed development commission may be established include the following:
(1) Planning, taking, and promoting action to prevent or mitigate flooding through generally accepted structural and nonstructural means, including the following:
(A) Bank stabilization.
(B) Expansion of water storage capacity.
(C) Erosion control.
(D) Sediment reduction.
(E) Logjam management.
(F) Selective construction, maintenance, and removal of berms.
(G) Construction of levees.
(H) Bridge and structure removal and replacement.
(2) Taking and promoting action to enhance drainage in ways consistent with storm water management requirements.
(3) Taking and promoting action to address water infrastructure needs related to flood damage reduction, storm water management, recreation, and drainage.
(4) Setting voluntary water quality goals.
(b) Subject to subsection (c), the purposes for which a watershed development commission may be established, in addition to those set forth in subsection (a), may include one (1) or more purposes related to water quality within the boundaries of the designated watershed, such as:
(1) reducing the runoff of nutrients and soil into streams and bodies of water by promoting the use of improved ditch design and the reestablishment of strategically located wetlands; and
(2) reducing ground water contamination by promoting the use of improved septic system technology.
However, a water quality purpose, goal, or project does not convey water quality regulatory authority to a watershed development commission.
(c) A watershed development commission may not have a purpose described in subsection (b) unless:
(1) the board of the commission, in addition to developing a flood damage reduction and drainage plan under section 4 of this chapter, develops a water quality improvement plan that:
(A) describes water quality problems within the boundaries of the designated watershed; and
(B) proposes one (1) or more actions that the watershed development commission could take to address those problems;
(2) the board of the watershed development commission submits the water quality improvement plan to the natural resources commission; and
(3) the natural resources commission, after:
(A) determining whether the water quality problems described in the water quality improvement plan truly exist within the boundaries of the watershed development commission's designated watershed; and
(B) considering whether it is likely that the efforts of the watershed development commission would be a practically effective and cost effective means of addressing the water quality problems;
approves the commission's water quality improvement plan.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-2. Watershed Development Commission Projects Constitute Performance of Essential Governmental Functions

Sec. 2. A watershed development commission is granted powers by this chapter for the benefit of the people of Indiana and for the increase of their commerce, health, enjoyment, and prosperity. The operation, creation, development, and maintenance of the projects by a watershed development commission constitute the performance of essential governmental functions.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-3. Activities Limited to Designated Watershed

Sec. 3. A watershed development commission shall limit its activities to the commission's designated watershed.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-5. Studies, Reports, and Recommendations; Coordination of Programs and Activities

Sec. 5. The board of a watershed development commission may do the following:
(1) Conduct all studies necessary for the performance of the board's duties.
(2) Publicize, advertise, and distribute reports on the commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the commission's functions and objectives to:
(A) a political subdivision located in the designated watershed; or
(B) any public or private agency;
upon request from the political subdivision or agency.
(4) Upon request, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-6. Grants and Appropriations

Sec. 6. (a) A watershed development commission may receive grants and appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) A watershed development commission may enter into agreements or contracts regarding the acceptance or use of grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
(c) A watershed development commission must expend money appropriated to the commission for the purpose for which the money is appropriated.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-7. Powers Concerning Real or Personal Property; Development of Water Resources

Sec. 7. (a) A watershed development commission may:
(1) acquire and dispose of real or personal property by grant, gift, purchase, lease, devise, or otherwise; and
(2) hold, use, improve, maintain, operate, own, manage, or lease as lessor or lessee real or personal property or any interest in that property;
for the purposes set forth in this chapter.
(b) A watershed development commission may exercise the powers granted by this section for the development of the water resources of the commission's designated watershed.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 3. Purposes, Powers, and Duties of a Watershed Development Commission › 14-30.5-3-9. Agreements With Agencies in Other States

Sec. 9. (a) A watershed development commission, with the approval of:
(1) the affected regional planning commission established under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are responsible for the planning or development of flood damage reduction and drainage measures in the part of the commission's designated watershed that is located in the other state.
(b) If a watershed development commission has water quality purposes under section 1(b) of this chapter, the commission, with the approval of:
(1) the affected regional planning commission established under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are responsible for water quality in the part of the commission's designated watershed that is located in the other state. However, an agreement under this subsection does not convey water quality regulatory authority to a watershed development commission.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-2. Officers of a Watershed Development Commission; Executive Director

Sec. 2. (a) The voting members of the board of a watershed development commission shall elect the following officers:
(1) A chair.
(2) A vice chair.
(3) A secretary-treasurer.
(b) When one (1) or more additional counties that are entitled to representation on the board of a watershed development commission under IC 14-30.5-2-7(b) or IC 14-30.5-2-7(c) become members of the commission, the offices referred to in subsection (a) become vacant and the members of the board shall elect new officers under subsection (a).
(c) The term of an individual elected to an office under subsection (a) may not exceed one (1) year, but the individual is eligible for reelection.
(d) An individual elected to an office under subsection (a) shall perform the duties usually pertaining to the office.
(e) The board of a watershed development commission:
(1) shall appoint an executive director; and
(2) may establish and fill other offices the board considers necessary.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-3. Meetings of the Board of a Watershed Development Commission

Sec. 3. (a) The board of a watershed development commission shall meet:
(1) at least four (4) times per calendar year; and
(2) on the call of either of the following:
(A) The chair.
(B) A quorum of the members of the board.
(b) A majority of the voting members of a board constitutes a quorum.
(c) The affirmative votes of a majority of the voting members of a board are required for the board to take action.
(d) A board may adopt rules for the transaction of business.
(e) A board shall keep a record of its findings, resolutions, and transactions. The record kept under this subsection is a public record open to inspection and copying under IC 5-14-3.
As added by P.L.251-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 4. Governance of a Watershed Development Commission › 14-30.5-4-4. Salary per Diem of Board Members

Sec. 4. A member of the board of a watershed development commission is not entitled to receive any compensation for performance of the member's duties except that a member is entitled to a minimum salary per diem from the watershed development commission for the member's participation in board meetings. The amount of the per diem is equal to the amount of the per diem provided under IC 4-10-11-2.1(b).
As added by P.L.251-2023, SEC.13.