AN ACT to amend the Indiana Code concerning natural and cultural resources.
forth in IC 14-13-4-1.
(f) "Commission", for purposes of IC 14-13-5, has the meaning set
forth in IC 14-13-5-1.
(g) "Commission", for purposes of IC 14-13-6, has the meaning set
forth in IC 14-13-6-2.
(h) "Commission", for purposes of IC 14-14-1, has the meaning set
forth in IC 14-14-1-3.
(i) "Commission", for purposes of IC 14-20-4, has the meaning set
forth in IC 14-20-4-1.
(j) "Commission", for purposes of IC 14-20-11, has the meaning set
forth in IC 14-20-11-1.
(k) "Commission", for purposes of IC 14-25-11, has the meaning set
forth in IC 14-25-11-1.
(l) "Commission", for purposes of IC 14-28-4, has the meaning set
forth in IC 14-28-4-1.
(m) "Commission", for purposes of IC 14-30-1, has the meaning set
forth in IC 14-30-1-2.
(n) "Commission", for purposes of IC 14-30-2, has the meaning set
forth in IC 14-30-2-2.
(o) "Commission", for purposes of IC 14-30-3, has the meaning set
forth in IC 14-30-3-2.
(p) "Commission", for purposes of IC 14-30-4, has the meaning
set forth in IC 14-30-4-2.
(q) "Commission", for purposes of IC 14-33-20, has the meaning set
forth in IC 14-33-20-2.
IC 14-30-4-4.
in the commission before January 1, 2002, the commission expires
on January 1, 2002.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Sec. 16. (a) The commission shall prepare an annual budget for
the commission's operation and other expenditures under
IC 6-1.1-17. The annual budget is subject to review and
modification by the county board of tax adjustment of any
participating county.
(b) The commission is not eligible for funding through the
Wabash River heritage corridor commission established by
IC 14-13-6-6.
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.
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.
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.