reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-7. Public Policy

Sec. 7. As part of the continuing growth of the population and development of the economy of Indiana, it is necessary and desirable that rivers of unusual natural, scenic, or recreational significance be set aside and preserved for the benefit of present and future generations before the rivers have been destroyed. After rivers are destroyed, the rivers cannot be wholly restored. It is essential to the people of Indiana that the people retain the opportunities to maintain close contact with the natural, scenic, and recreational rivers and to benefit from the scientific, aesthetic, cultural, recreational, scenic, and spiritual values the rivers possess. It is, therefore, the following public policy of Indiana:
(1) That a natural, scenic, and recreational river system be established and maintained.
(2) That such areas be designated, acquired, and preserved by the state.
(3) That other agencies, organizations, and individuals, both public and private, be encouraged to set aside adjacent land for the common benefit of the people of present and future generations.
[Pre-1995 Recodification Citation: 13-2-26-2.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-8. Selection of Rivers for Inclusion Into System; "Natural River" Defined

Sec. 8. (a) As used in this section, "natural river" means a river that, free of impoundments, is generally unpolluted, undeveloped, and inaccessible.
(b) The director may study and periodically submit to the commission proposals for the inclusion of a section of a river into the system that, in the director's judgment, falls within at least one (1) of the following categories:
(1) Natural river.
(2) Scenic river.
(3) Recreational river.
(c) In recommending a river or section for inclusion in the system, the director shall prepare a detailed report on the factors that, in the director's judgment, make the river worthy of designation for inclusion in the system. This report shall evaluate among other categories the following:
(1) Length of segment.
(2) Condition of naturally occurring vegetation.
(3) Stream scenic view.
(4) Physical modification of stream course.
(5) Human developments along stream.
(6) Unique or special features of area.
(7) Water quality.
(8) Paralleling roads.
(9) Number of stream crossings.
(d) Specific criteria for each of these natural river, scenic river, and recreational river categories shall be selected after having given due consideration to the categories specified in subsection (c) and any other categories that are considered to be important.
[Pre-1995 Recodification Citations: 13-2-26-3(c); 13-2-26-4.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-9. Rules to Designate Rivers

Sec. 9. (a) Based upon the study and recommendations of the director, the commission may adopt rules under IC 4-22-2 to designate a river for inclusion into the system.
(b) Before adopting rules, the director shall do the following:
(1) Notify each adjoining or abutting landowner of the plans and recommendations by registered mail.
(2) Conduct a public hearing in the county that contains the largest section of the river being considered.
[Pre-1995 Recodification Citation: 13-2-26-5.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-10. Altering River Classification

Sec. 10. In all planning for the use and development of water and related land resources of rivers in the system, including the construction of impoundments, diversions, realignments, riprap, roadways, crossings, channelizations, locks, canals, or other uses that change the character of a river or destroy the river's scenic values:
(1) full review and evaluation of the river as a scenic resource shall be given; and
(2) the environmental impact of the proposed use and development shall be determined as specified in IC 13-12-4;
before the commission approves plans for use and development.
[Pre-1995 Recodification Citation: 13-2-26-6.]
As added by P.L.1-1995, SEC.22. Amended by P.L.1-1996, SEC.68.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-11. Nonapproval of Use or Development of Water

Sec. 11. Use or development of water and related land resources of rivers in the system may not be approved if in the judgment of the commission the use or development may alter the original classification of a river in the system.
[Pre-1995 Recodification Citation: 13-2-26-7.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-12. River System Plan

Sec. 12. (a) The director shall prepare and maintain a plan for the establishment, development, management, use, and administration of rivers in the system. The river system plan shall be included and becomes an integral part of the comprehensive state plans for water management and outdoor recreation.
(b) When a river is proclaimed a part of the system, the river becomes an administrative responsibility of the director. The director shall take the necessary action in keeping with the policy of this chapter to acquire, develop, maintain, and preserve the river and authorized related land area in accordance with the director's powers and duties with respect to parks, fish and wildlife areas, reservoirs, forests, and miscellaneous areas. The director may seek assistance in the development, operation, and maintenance of scenic rivers from other governmental units and agencies.
[Pre-1995 Recodification Citation: 13-2-26-8 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-13. "Conservation Easement", "Land Use Easement", "Scenic Easement", and "Water Use Easement" Defined; Land Acquisition

Sec. 13. (a) As used in this section, "conservation easement" has the meaning set forth in IC 32-23-5-2.
(b) As used in this section, "land use easement" means the granting of the right of the general public to use the adjacent land.
(c) As used in this section, "scenic easement" means the granting of protection of adjacent land in the land's present state to preserve the land's natural or scenic characteristics.
(d) As used in this section, "water use easement" means the granting of the right of the general public to travel along or across all water parts of the river.
(e) The director may do the following:
(1) Acquire on behalf of the state land in fee title or any other interest in land, including the following:
(A) Water use easements.
(B) Scenic easements.
(C) Land use easements.
(2) Exercise the right of eminent domain on behalf of the state to acquire the following:
(A) Conservation easements.
(B) Water use easements.
(f) Land or an interest in land may be acquired by purchase with appropriated or donated money, exchanges, donations, or otherwise.
(g) The director may seek financial assistance for land acquisition and for facility development of scenic rivers from the following:
(1) Federal and local governmental sources.
(2) Private groups and individuals.
[Pre-1995 Recodification Citations: 13-2-26-3(i); 13-2-26-3(j); 13-2-26-3(k); 13-2-26-3(l); 13-2-26-8 part.]
As added by P.L.1-1995, SEC.22. Amended by P.L.2-2002, SEC.62.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-14. Easements Encouraged

Sec. 14. Recognizing that most of the rivers recommended for inclusion in the system may not be state owned, the general assembly encourages riparian owners to grant easements to the director for the purposes of this chapter.
[Pre-1995 Recodification Citation: 13-2-26-10.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 6. Natural, Scenic, and Recreational River System › 14-29-6-15. Expenditures

Sec. 15. The department may expend money that is:
(1) already appropriated for the purposes of this chapter; or
(2) periodically appropriated to the department from any fund for the purpose of developing public recreation facilities.
[Pre-1995 Recodification Citation: 13-2-26-11.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-1. Application of Chapter

Sec. 1. This chapter applies only to land in a county whose board of county commissioners has elected to participate in a river commission.
[Pre-1995 Recodification Citation: 13-2-27-25.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-2. "River" Defined

Sec. 2. As used in this chapter, "river" means that part of a body of flowing water and adjacent land that is the subject of a river commission established under this chapter.
[Pre-1995 Recodification Citation: 13-2-27-1.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-3. Establishment; Name; Termination

Sec. 3. (a) The department may establish a river commission for a river designated as a natural, scenic, or recreational river under IC 14-29-6. An established river commission shall be known as the "_____________ River Commission".
(b) Each river commission shall be established for a period of four (4) years, at the end of which the river commission terminates. After termination, a river commission may be reestablished any number of times.
[Pre-1995 Recodification Citation: 13-2-27-2.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-4. Election to Participate

Sec. 4. The board of county commissioners of each county containing a river for which a river commission has been established may elect that the county participate in the river commission.
[Pre-1995 Recodification Citation: 13-2-27-3.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-5. Membership of Commission

Sec. 5. The membership of a river commission consists of the following:
(1) The director or the director's designee.
(2) Two (2) individuals appointed for terms of four (4) years by the board of commissioners of each participating county from among owners of land that is:
(A) within the county; and
(B) contiguous to the river.
[Pre-1995 Recodification Citation: 13-2-27-4 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-6. Vacancies

Sec. 6. A vacancy on a river commission shall be filled for the unexpired term in the same manner as original appointments are made.
[Pre-1995 Recodification Citation: 13-2-27-4 part.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-7. Voting

Sec. 7. Each member of a river commission is entitled to one (1) vote. Voting by proxy is not permitted.
[Pre-1995 Recodification Citation: 13-2-27-5.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-8. Service Without Compensation

Sec. 8. Members of a river commission serve without compensation.
[Pre-1995 Recodification Citation: 13-2-27-6.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-9. Quorum

Sec. 9. A majority of the members of a river commission constitutes a quorum. The affirmative vote of a majority of the members is necessary to issue a permit.
[Pre-1995 Recodification Citation: 13-2-27-7.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-10. First Meeting

Sec. 10. As soon as possible after a river commission has been established, the director shall designate the time and place of the first meeting.
[Pre-1995 Recodification Citation: 13-2-27-8.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-11. Officers

Sec. 11. (a) At the first meeting of a river commission, the river commission shall select the following:
(1) A chairman from the membership.
(2) Other officers that the river commission determines.
(b) The officers serve for terms of one (1) year.
[Pre-1995 Recodification Citation: 13-2-27-9.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-12. Bimonthly Meetings

Sec. 12. (a) Each river commission shall hold not less than six (6) regular, bimonthly meetings at a time and place fixed at the initial meeting.
(b) A river commission may hold special meetings that the river commission considers necessary.
(c) The chairman of a river commission may call special meetings.
[Pre-1995 Recodification Citation: 13-2-27-10.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-13. Employees

Sec. 13. Each river commission may:
(1) appoint;
(2) prescribe the duties of; and
(3) fix the compensation of;
the employees that are necessary for the discharge of the duties and responsibilities of the river commission.
[Pre-1995 Recodification Citation: 13-2-27-11.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-14. Powers of Commission

Sec. 14. Each river commission may do the following:
(1) Adopt a seal.
(2) Sue and be sued in the river commission's own name.
(3) Establish bylaws and rules for the river commission's government.
(4) Make and enter into all contracts or agreements.
(5) Do all things necessary or incidental to the performance of the powers and duties of the river commission under this chapter.
[Pre-1995 Recodification Citations: 13-2-27-12; 13-2-27-13; 13-2-27-14.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-15. Powers of Members or Employees

Sec. 15. A member or an employee of a river commission may do the following:
(1) Conduct a hearing or an investigation.
(2) Take evidence.
(3) Report the evidence to the river commission for consideration and action.
[Pre-1995 Recodification Citation: 13-2-27-15.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-16. Memorandum of Understanding

Sec. 16. As soon as possible after the establishment of a river commission, the river commission and the department shall negotiate a memorandum of understanding for the management and preservation of the natural and scenic qualities of the river.
[Pre-1995 Recodification Citation: 13-2-27-16.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-17. Cooperation With Department

Sec. 17. Each river commission shall protect and enhance the natural and scenic qualities of the river in cooperation with the department.
[Pre-1995 Recodification Citation: 13-2-27-17.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-18. Permits Required

Sec. 18. A person may not substantially affect the natural or scenic qualities of a river that is the subject of a river commission unless the person has secured a permit to do so from the river commission.
[Pre-1995 Recodification Citation: 13-2-27-18.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-19. Issuance of Permits

Sec. 19. (a) After a hearing and subject to subsection (b), a river commission may issue a permit to a person to substantially affect the natural or scenic qualities of the river if the river commission finds the need of the person seeking the permit to be more compelling than the need of the people to have the natural and scenic qualities of the river preserved.
(b) A permit may not be issued that substantially affects the natural or scenic qualities of a river in a manner visible from five (5) feet above the water surface of the river at normal water level between May 1 and October 15 of a year.
[Pre-1995 Recodification Citation: 13-2-27-19.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-20. Appeals

Sec. 20. A person adversely affected by a decision of a river commission may appeal the decision, de novo, to the circuit or superior court with jurisdiction in the county in which the affected land is located.
[Pre-1995 Recodification Citation: 13-2-27-20.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-21. Structures Existing When Commission Established

Sec. 21. The lawful use of a structure existing at the time of the effective date of the establishment of a river commission:
(1) may be continued even though the use does not conform to this chapter; and
(2) may be extended throughout the structure if a structural alteration is not made, except those required by law.
[Pre-1995 Recodification Citation: 13-2-27-21.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-22. Permits Issued Before Commission Established

Sec. 22. This chapter does not require a change in the plans, construction, or designated use of a building for which a building permit was issued before the river commission was established if the following conditions are met:
(1) Construction is begun not later than ninety (90) days of the date of the permit.
(2) The building is completed according to the plans not later than two (2) years from the date the river commission was established.
[Pre-1995 Recodification Citation: 13-2-27-22.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-23. Property Rights Not Affected

Sec. 23. The establishment of a river commission does not affect the right of:
(1) the owner of land to sell; or
(2) the department to acquire;
an easement or other property interest under IC 14-29-6-13.
[Pre-1995 Recodification Citation: 13-2-27-23.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-24. Eminent Domain

Sec. 24. The director may not use the power of eminent domain to acquire an easement under IC 14-29-6-13 on land subject to the authority of a river commission.
[Pre-1995 Recodification Citation: 13-2-27-24.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 7. River Commissions › 14-29-7-25. Violations

Sec. 25. (a) If a river commission brings an action in the circuit or superior court with jurisdiction in the county in which the land is located, the court shall order a person who violates section 18 of this chapter to be:
(1) enjoined from continuing the violation; and
(2) required to do the following:
(A) Remove a structure erected in violation of:
(i) this chapter; or
(ii) IC 13-2-27 (before its repeal).
(B) Restore the natural and scenic qualities of the river altered by the person's activities.
(C) Pay the costs of the action.
(b) In addition to the requirements of subsection (a), a person who violates section 18 of this chapter may be assessed a civil penalty of:
(1) at least ten dollars ($10); and
(2) not more than three hundred dollars ($300);
for each day the violation continues.
[Pre-1995 Recodification Citation: 13-2-27-26.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 8. Recreational Streams › 14-29-8-1. "Stream" Defined

Sec. 1. As used in this chapter, "stream" means a natural or an altered river, creek, slough, or artificial channel that has:
(1) definable banks and a bed capable of conducting confined runoff;
(2) visible evidence of the flow or occurrence of water; and
(3) a watershed in excess of one (1) square mile.
[Pre-1995 Recodification Citation: 13-2-33-2.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 8. Recreational Streams › 14-29-8-2. Use of Recreational Stream

Sec. 2. (a) A person may use a stream that is capable of use by a watercraft for boating, fishing, or other recreational purposes if the stream is designated as a recreational stream by rule adopted by the commission.
(b) The right of a person to use a recreational stream is limited to the water within the stream and does not do any of the following:
(1) Authorize the use of the bed or bank of the stream, except in an emergency.
(2) Establish a right of access to the stream over private land.
[Pre-1995 Recodification Citation: 13-2-33-4.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 8. Recreational Streams › 14-29-8-3. Designation as Recreational Stream; Hearing

Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 for the designation of streams or parts of streams as recreational streams.
(b) Before a hearing on the designation of a stream as a recreational stream and in addition to the notification requirements under IC 4-22-2, the commission shall do the following:
(1) Publish notice at least twenty-one (21) days before the hearing in a newspaper of general circulation in the county where a stream is located that the commission proposes to designate the stream as a recreational stream. The notice must state the time and place of the hearing.
(2) Conduct a separate hearing in each county where a stream is proposed to be designated as a recreational stream.
(c) If a stream:
(1) is located wholly within one (1) county; and
(2) is a regulated drain under IC 36-9-27;
the county drainage board must concur in the designation before final adoption of the rule.
[Pre-1995 Recodification Citation: 13-2-33-5.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 8. Recreational Streams › 14-29-8-4. Use Not Affecting Owner or Navigability

Sec. 4. The use of a stream designated under this chapter does not do any of the following:
(1) Impose a duty upon the riparian landowner or tenant to provide for the safe use of the stream.
(2) Affect ownership of the bed of the stream.
(3) Affect a determination of the stream's navigability.
[Pre-1995 Recodification Citation: 13-2-33-6.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 29. Rivers, Streams, and Waterways › Chapter 8. Recreational Streams › 14-29-8-5. Littering and Trespassing

Sec. 5. A person who:
(1) throws, dumps, or leaves refuse in the water or on the banks of a stream designated under this chapter; or
(2) crosses private land to gain access to a designated stream without the permission of the landowner or tenant of the land;
commits a Class B misdemeanor.
[Pre-1995 Recodification Citation: 13-2-33-7.]
As added by P.L.1-1995, SEC.22.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 1. Repealed

[Pre-1995 Recodification Citations:
14-30-1-1New14-30-1-2New14-30-1-3formerly 36-7-6-214-30-1-4formerly 36-7-6-314-30-1-5formerly 36-7-6-414-30-1-6formerly 36-7-6-5 part14-30-1-7formerly 36-7-6-5 part14-30-1-8formerly 36-7-6-614-30-1-9formerly 36-7-6-714-30-1-10formerly 36-7-6-814-30-1-11formerly 36-7-6-914-30-1-12formerly 36-7-6-1014-30-1-13formerly 36-7-6-1114-30-1-14formerly 36-7-6-1214-30-1-15formerly 36-7-6-1314-30-1-16formerly 36-7-6-1414-30-1-17formerly 36-7-6-1514-30-1-18formerly 36-7-6-1614-30-1-19formerly 36-7-6-1714-30-1-20formerly 36-7-6-1814-30-1-21formerly 36-7-6-1914-30-1-22formerly 36-7-6-2114-30-1-23formerly 36-7-6-22.]
Repealed by P.L.282-2019, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-1. "Basin" Defined

Sec. 1. As used in this chapter, "basin" refers to the Maumee River basin.
[1995 Recodification Citation: New.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" refers to the Maumee River basin commission established by this chapter.
[Pre-1995 Recodification Citation: 36-7-6.1-1.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-3. "Maumee River Basin" Defined

Sec. 3. As used in this chapter, "Maumee River basin" means the area in Indiana drained by the Maumee River and the tributaries of the Maumee River.
[Pre-1995 Recodification Citation: 36-7-6.1-2.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-4. "Participating County" Defined

Sec. 4. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter.
[Pre-1995 Recodification Citation: 36-7-6.1-3.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-5. "Plan" Defined

Sec. 5. As used in this chapter, "plan" refers to a plan described in section 14(1) of this chapter.
[Pre-1995 Recodification Citation: 36-7-6.1-4.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-6. Separate Municipal Corporation

Sec. 6. The Maumee River basin commission is established as a separate municipal corporation.
[Pre-1995 Recodification Citation: 36-7-6.1-5.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-7. Participating County; Designation

Sec. 7. The executive of a county that includes territory in the Maumee 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.
[Pre-1995 Recodification Citation: 36-7-6.1-6.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-8. Voting Members

Sec. 8. The following shall serve as voting members of the commission:
(1) Each member of the county executive for a participating county.
(2) The executive director or, if a county does not have an executive director, the chairman of a soil and water conservation district 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.
[Pre-1995 Recodification Citation: 36-7-6.1-7.]
As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-9. Repealed

[Pre-1995 Recodification Citation: 36-7-6.1-8.]
As added by P.L.1-1995, SEC.23. Repealed by P.L.142-1997, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-10. Member Designation and Revocation

Sec. 10. (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) A designation or a revocation of a designation under this section must be filed with the commission to be effective.
[Pre-1995 Recodification Citation: 36-7-6.1-9.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-11. Officers

Sec. 11. (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.
[Pre-1995 Recodification Citation: 36-7-6.1-10.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-12. Travel Expenses and Salary per Diem

Sec. 12. (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.
[Pre-1995 Recodification Citation: 36-7-6.1-11.]
As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-13. Powers of Commission

Sec. 13. (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 14 of this chapter.
(5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 14 of this chapter.
(b) This section does not exempt the commission from any statute.
[Pre-1995 Recodification Citation: 36-7-6.1-12.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-14. Cooperative Agreement Between Political Subdivision and Other Legal Entity

Sec. 14. 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 in that part of the basin that is described in the cooperative agreement;
(2) exercise any of the other powers of the political subdivision to regulate water courses in the basin; or
(3) develop and promote good soil and water conservation practices and procedures.
[Pre-1995 Recodification Citation: 36-7-6.1-13.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-15. Flood Control

Sec. 15. 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.
[Pre-1995 Recodification Citation: 36-7-6.1-14.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-16. Public Participation

Sec. 16. The commission shall give the public an opportunity to participate in the development of the plan.
[Pre-1995 Recodification Citation: 36-7-6.1-15.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-17. State Approval

Sec. 17. Before the 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.
[Pre-1995 Recodification Citation: 36-7-6.1-16.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-18. Appropriations to Carry Out Commission's Responsibilities Under Cooperative Agreement

Sec. 18. A political subdivision in a participating county may appropriate money to the commission to carry out any of the commission's responsibilities under a cooperative agreement described in section 14 of this chapter. Money appropriated to the commission that remains at the end of a year does not revert to the political subdivision appropriating the money.
[Pre-1995 Recodification Citation: 36-7-6.1-17.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-19. Annual Budget

Sec. 19. The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17.
[Pre-1995 Recodification Citation: 36-7-6.1-18.]
As added by P.L.1-1995, SEC.23. Amended by P.L.224-2007, SEC.104; P.L.146-2008, SEC.426; P.L.257-2019, SEC.85.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-20. Rules

Sec. 20. 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 waiver of requirements of onsite water impoundment on payment of a reasonable fee by the developer of the new construction.
[Pre-1995 Recodification Citation: 36-7-6.1-19.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-21. Advisory Committees

Sec. 21. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the program enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services.
[Pre-1995 Recodification Citation: 36-7-6.1-20.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-22. Powers Pertaining to Property

Sec. 22. (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 removal of those improvements.
(3) Adopt rules under IC 4-22-2 that restrict construction within the one hundred (100) year flood plains of the basin.
(4) Acquire, dispose, 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 control.
(B) Flood damage reduction.
(C) Improvements in water quality.
(D) Soil conservation.
[Pre-1995 Recodification Citation: 36-7-6.1-21.]
As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.63.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-23. Right of Entry

Sec. 23. (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 twenty-one (21) 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 twenty-one (21) day notice period under subsection (b), appeal to the commission the proposed necessity for entry. If an appeal is made, the commission shall hold a hearing on the necessity for right of entry before the right of entry is exercised.
(d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.
(e) The commission, board of directors, employees, or authorized representative of the commission acting under this chapter does not commit criminal trespass under IC 35-43-2-2.
[Pre-1995 Recodification Citation: 36-7-6.1-22.]
As added by P.L.1-1995, SEC.23.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 2. Maumee River Basin Commission › 14-30-2-24. Exemptions

Sec. 24. (a) This section does not apply to the following:
(1) The adoption of rules restricting construction within the one hundred (100) year flood plain.
(2) The acquisition of conservation easements under IC 32-23-5.
(3) The investigation of alleged violations of the Indiana flood control laws.
(b) A power of the commission may not be exercised upon any of the following:
(1) A river included in the natural, scenic, or recreational river system under IC 14-29-6 or the river's associated one hundred (100) year flood plain.
(2) A nature preserve under IC 14-31-1.
[Pre-1995 Recodification Citation: 36-7-6.1-23.]
As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.64.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-1. "Basin"

Sec. 1. As used in this chapter, "basin" refers to the St. Joseph River basin.
[Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.]
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 › 14-30-3-2. "Commission"

Sec. 2. As used in this chapter, "commission" refers to the St. Joseph River basin commission established by this chapter.
[Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.]
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 › 14-30-3-3. "Participating County"

Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 6 of this chapter.
[Pre-1995 Recodification Citation: 36-7-6.2-1(f).]
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 › 14-30-3-3.5. "Plan"

Sec. 3.5. As used in this chapter, "plan" refers to a plan described in section 26(1) of this chapter.
As added by P.L.138-2018, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-4. "St. Joseph River Basin"

Sec. 4. As used in this chapter, "St. Joseph River basin" means the area in Elkhart County, Kosciusko County, LaGrange County, Noble County, St. Joseph County, and Steuben County that drains into the St. Joseph River.
[Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.]
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 › 14-30-3-5. Separate Municipal Corporation

Sec. 5. The St. Joseph River basin commission is established as a separate municipal corporation.
[Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.]
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 › 14-30-3-6. Participating County; Designation

Sec. 6. The executive of a county that includes territory in the basin may do the following:
(1) Elect to participate in the commission by designating the county as a participating county.
(2) Revoke the designation.
[Pre-1995 Recodification Citation: 36-7-6.2-1(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 › 14-30-3-7. Boundary Certification

Sec. 7. After consultation with the surveyor of each county in the basin, the director shall certify the boundaries of the basin.
[Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.]
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 › 14-30-3-8. Members

Sec. 8. The commission consists of the following individuals:
(1) From each participating county the following:
(A) The executive of each second class city or the executive's designee.
(B) If the county does not have a second class city, the executive of the municipality with the largest population or the executive's designee.
(2) A member of the county executive or the county executive's designee from each participating county.
(3) The county health officer or the health officer's designee from each participating county.
(4) The county surveyor of each participating county or the county surveyor's designee.
(5) A representative of each soil and water conservation district that:
(A) is subject to IC 14-32;
(B) includes territory in a participating county; and
(C) includes territory in the basin.
(6) The director or the director's designee.
[Pre-1995 Recodification Citation: 36-7-6.2-2(a).]
As added by P.L.1-1995, SEC.23. Amended by P.L.138-2018, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-9. Term of Office

Sec. 9. The term of office of an appointed member of the commission is three (3) years and continues until a successor is appointed and certified.
[Pre-1995 Recodification Citation: 36-7-6.2-2(b).]
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 › 14-30-3-10. Travel Expenses

Sec. 10. The members of the commission serve without compensation. However, each member is entitled to reimbursement for travel, lodging, meals, and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1995 Recodification Citation: 36-7-6.2-2(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 › 14-30-3-11. Officers

Sec. 11. (a) The commission shall elect from among the members the following officers:
(1) A chairman.
(2) A vice chairman.
(3) A secretary.
(4) A treasurer.
(b) The:
(1) term of office for the officers elected under subsection (a) is one (1) year; and
(2) officers are eligible for reelection.
(c) The commission may establish and fill other offices that the commission considers necessary.
[Pre-1995 Recodification Citation: 36-7-6.2-3(a), (b).]
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 › 14-30-3-12. Executive Board

Sec. 12. (a) The commission may establish an executive board consisting of the following:
(1) The chairman of the commission.
(2) One (1) member from each participating county that is not represented by the chairman, to be chosen in a manner prescribed by the commission.
(b) The commission may delegate to the executive board the power to do the following:
(1) Recommend agenda items and activities to the commission.
(2) Conduct hearings on proposed commission projects.
(3) Perform other administrative duties assigned by the commission.
[Pre-1995 Recodification Citation: 36-7-6.2-3(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 › 14-30-3-13. Advisory Committee

Sec. 13. The commission may appoint an advisory committee to assist the commission. A member of an advisory committee is not entitled to compensation for serving on the advisory committee.
[Pre-1995 Recodification Citation: 36-7-6.2-3(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 › 14-30-3-14. Duties

Sec. 14. (a) The commission shall do the following:
(1) Fix the times of the commission's regular meetings.
(2) Have at least one (1) meeting in each quarter of the year.
(b) A special meeting of the commission may be called in a manner that the commission shall establish.
(c) A member of the commission may waive notice of any meeting by filing a written waiver with the secretary of the commission.
[Pre-1995 Recodification Citation: 36-7-6.2-4.]
As added by P.L.1-1995, SEC.23.