2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30.5. Watershed Development Commissions › Chapter 2. Establishing or Joining a Watershed Development Commission › 14-30.5-2-6. Requirements for a County's Admission to Membership in an Existing Watershed Development Commission

Sec. 6. (a) A county to which section 4 or 5 of this chapter applies may not become a member of an existing watershed development commission unless:
(1) the executives of all of the counties that are members of the existing commission adopt ordinances accepting the county as a member county of the existing commission; and
(2) the natural resources commission issues an order under this section recognizing the county as a member county of the existing commission.
(b) Before making a decision whether to recognize a county as a member county of an existing commission under this section, the natural resources commission shall hold at least one (1) public hearing in the county concerning the proposed membership of the county in the existing commission. Any interested person attending a public hearing held under this subsection shall have the right to:
(1) address the natural resources commission; and
(2) provide written comments;
concerning the proposed membership of the county in the existing commission. An officer or employee of the division of hearings of the natural resources commission may, on behalf of the natural resources commission, convene the meeting, record the testimony given, and receive the written comments provided.
(c) The natural resources commission shall give notice of a public hearing to be held under subsection (b):
(1) by publication at least one (1) time in one (1) newspaper of general circulation in the county in which the hearing will be held; and
(2) through the website of the natural resources commission.
(d) In deciding whether to recognize a county to which section 4 or 5 of this chapter applies as a member of an existing commission, the natural resources commission shall determine the answer to each of the following questions:
(1) Do the stated purposes for which the watershed development commission was established correspond to the flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs of the county, as stated under section 4(b)(3) or 5(b)(3) of this chapter?
(2) Is it reasonable to expect that the county's flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs, as stated under section 4(b)(3) or 5(b)(3) of this chapter, would be addressed more effectively if the county were a member of the existing commission than those needs have previously been addressed?
(3) Would the county's membership in the existing commission diminish the effectiveness of the existing watershed development commission in addressing the flood damage reduction, drainage, storm water management, recreation, or water infrastructure needs of other member counties?
(4) Is the territory of the proposed commission at least as large as the entirety of the same eight (8) digit U.S. Geological Survey hydrologic unit code?
(5) Has a regional watershed study or watershed management plan been conducted in consultation with Indiana finance authority and the department of natural resources that assesses water use, water quality, drinking water systems, wastewater management systems, storm water management, flood control, drainage management, recreational uses, natural resources, and water infrastructure needs of the watershed of the proposed commission? If so, can the establishment of the proposed commission be expected to address the needs identified in that study or management plan?
(e) If the natural resources commission answers all of the questions set forth in subsection (d) favorably, the natural resources commission shall issue an order recognizing the membership of the county in the existing commission.
(f) If the natural resources commission does not answer all of the questions set forth in subsection (d) favorably, the natural resources commission shall inform the executive of the county to which section 4 or 5 of this chapter applies in writing of its decision and specify in the writing the reason or reasons for each unfavorable answer.
(g) An action of the natural resources commission under this section declining to recognize a county as a member of an established watershed development commission does not preclude the later submission of another ordinance under section 4 or 5 of this chapter seeking membership for the county in an existing commission.
As added by P.L.251-2023, SEC.13.