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 › 14-30.5-3-4. Flood Damage Reduction and Drainage; Plan and Activities; Potential Coordination With Another Governmental Entity

Sec. 4. (a) The board of a watershed development commission shall develop a plan for flood damage reduction and drainage within the commission's designated watershed.
(b) A watershed development commission:
(1) subject to subsection (f), has exclusive authority to perform drainage and flood damage reduction activities within the channel of:
(A) the river that is the surface water outlet of the commission's designated watershed; or
(B) each river that flows directly into the surface water outlet, if the surface water outlet of the commission's designated watershed is a lake or impoundment;
and within the area extending seventy-five (75) feet from the top of each bank of the river;
(2) may participate in the flood control program established under IC 5-1.2-13; and
(3) may acquire interests in land, including easements, for the commission's use in:
(A) providing flood storage; and
(B) the construction of levees and other flood damage reduction improvements.
(c) The drainage and flood damage reduction activities that a watershed development commission has exclusive authority to perform under subsection (b)(1) include the following:
(1) Bank stabilization.
(2) Tree removal.
(3) Construction and operation of sand traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) The acquisition, construction, and maintenance of access roads to levees and the channel of a river to which subsection (b)(1) applies.
(7) Other actions that the board of the watershed development commission reasonably considers necessary to carry out this chapter.
(d) Subject to subsection (f), a county must obtain the authorization of the board of the watershed development commission before performing any:
(1) construction work; or
(2) drainage or flood damage reduction activities;
within the area described in subsection (b)(1) unless the work must be performed in response to an emergency.
(e) Subsection (f) applies if a governmental entity other than the watershed development commission has authority:
(1) to perform one (1) or more activities set forth in subsection (c) within any part of the watershed development commission's designated watershed; and
(2) to collect a tax or an assessment or to impose another duty of financial contribution upon the owners of property located in any part of the watershed development commission's designated watershed.
(f) The board of a watershed development commission may enter into an interlocal cooperation agreement under IC 36-1-7 with a governmental entity described in subsection (e):
(1) under which:
(A) the watershed development commission will perform, and the other governmental entity will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; and
(B) the governmental entity will cease collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) for performing the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; or
(2) under which:
(A) the governmental entity will continue to perform, and the watershed development commission will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the part of the watershed development commission's designated watershed in which the governmental entity performs those activities;
(B) the governmental entity will continue collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c); and
(C) the watershed development commission will:
(i) relinquish its authority to receive; or
(ii) appropriately reduce;
the annual special assessments or support by optional methods to which the watershed development commission is otherwise entitled under IC 14-30.5-5 with respect to taxable parcels of real property located in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c).
As added by P.L.251-2023, SEC.13.