Introduced Version
HOUSE BILL No. 1187
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-30; IC 14-30.5.
Synopsis: Watershed development commissions. Alters the
membership of a watershed development commission (commission)
board. Allows a county to join a commission if any part of the
designated watershed lies within boundaries of the county. Alters what
must be considered regarding the membership and the activities of a
commission. Provides that a commission may take certain actions with
respect to certain flood plains. Expands permitted uses for certain funds
collected by a commission and establishes certain budget limits.
Provides that the department of natural resources's division of water
shall provide a commission with a written summary of the division's
review of certain public works projects within 30 days of the review.
Makes conforming changes.
Effective: July 1, 2025.
Aylesworth
January 8, 2025, read first time and referred to Committee on Natural Resources.
2025 IN 1187—LS 6779/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1187
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 14-30-2-25, AS ADDED BY P.L.251-2023,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 25. (a) The commission:
4 (1) may; but
5 (2) is not required to;
6 consider a proposal to transform the commission from a river basin
7 commission subject to this chapter into a watershed development
8 commission subject to IC 14-30.5.
9 (b) For the commission to be transformed from a river basin
10 commission subject to this chapter into a watershed development
11 commission subject to IC 14-30.5:
12 (1) the county executives of all participating counties:
13 (A) must approve the proposal described in subsection (a); and
14 (B) must adopt substantively identical ordinances that set forth
15 the information required by IC 14-30.5-2-1(b), including, for
16 the purposes of IC 14-30.5-2-0.5, the designated watershed
17 within which the proposed watershed development
2025 IN 1187—LS 6779/DI 153 2
1 commission would exercise its powers; and
2 (2) a majority of the voting members of the commission must vote
3 in favor of the transformation of the commission into a watershed
4 development commission in accordance with the ordinances
5 adopted under subdivision (1)(B) and the provisions of this
6 section.
7 (c) For the county executive of a participating county to approve a
8 proposal described in subsection (a) under subsection (b)(1)(A), at
9 least two (2) of the three (3) members of the county executive must
10 vote in favor of the proposal.
11 (d) If a member of the county executive of a participating county has
12 designated another individual under section 10 of this chapter to
13 perform the member's duties on the commission, the individual
14 designated to perform the duties of the member of the county executive
15 may vote under subsection (b)(2) on the proposal described in
16 subsection (a).
17 (e) If the county executives of all participating counties approve a
18 proposal described in subsection (a) under subsection (b)(1)(A) and
19 adopt substantively identical ordinances under subsection (b)(1)(B), a
20 majority of the voting members of the commission vote in favor of the
21 transformation of the commission into a watershed development
22 commission under subsection (b)(2), and the natural resources
23 commission approves the transformation of the commission into a
24 watershed development commission with the purposes set forth in the
25 ordinances adopted under subsection (b)(1)(B), the following apply:
26 (1) The commission shall notify the natural resources commission
27 and the department of the approval of the proposal.
28 (2) The officers of the commission elected under section 11 of
29 this chapter shall take the actions necessary and appropriate to the
30 transformation of the commission from a river basin commission
31 subject to this chapter into a watershed development commission
32 subject to IC 14-30.5.
33 (3) The board of the watershed development commission consists
34 of the following:
35 (A) The director of the department or the director's designee.
36 (B) The county surveyor of each county participating in the
37 commission.
38 (C) An individual other than the county surveyor representing
39 each county participating in the commission, appointed by the
40 county executive. A member of the county executive from
41 each county participating in the commission or the
42 member's designee.
2025 IN 1187—LS 6779/DI 153 3
1 (D) Either:
2 (i) one (1) individual appointed to represent each second
3 class city that is located in a participating county and within
4 the Maumee River basin; or
5 (ii) if a participating county does not include a second class
6 city that is located within the Maumee River basin, one (1)
7 individual appointed to represent the municipality that has
8 the largest population of all municipalities that are located
9 in the participating county and within the Maumee River
10 basin.
11 An individual appointed to represent a second class city under
12 item (i) shall be appointed by the board of storm water
13 management (as described in IC 8-1.5-5-4) of the second class
14 city or, if the second class city has no board of storm water
15 management, by the executive of the second class city. An
16 individual appointed under item (ii) to represent the
17 municipality that has the largest population of all
18 municipalities that are located in the participating county and
19 within the Maumee River basin shall be appointed by the
20 board of storm water management (as described in
21 IC 8-1.5-5-4) of the municipality or, if the municipality has no
22 board of storm water management, by the executive of the
23 municipality.
24 (D) One (1) individual appointed to represent each second
25 class city that is located in a participating county and
26 within the Maumee River basin. An individual appointed
27 to represent a second class city under this clause shall be
28 appointed by the board of storm water management (as
29 described in IC 8-1.5-5-4) of the second class city, or if the
30 second class city has no board of storm water
31 management, by the executive of the second class city.
32 (E) A member of the county soil and water conservation
33 district board from each participating county within the
34 Maumee River basin or the member's designee.
35 (4) The director of the department or the director's designee:
36 (A) shall advise the commission on the transformation of the
37 commission into a watershed development commission subject
38 to IC 14-30.5; and
39 (B) when the board of the watershed development commission
40 is formed, shall assume the position on the board of the
41 watershed development commission specified in
42 IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(2)(A).
2025 IN 1187—LS 6779/DI 153 4
1 (5) The watershed development commission board may not meet
2 until the natural resources commission has given the approval
3 referred to in this subsection. Upon the convening of the first
4 meeting under IC 14-30.5-4 of the board of the watershed
5 development commission:
6 (A) the Maumee River basin commission ceases to exist as a
7 separate municipal corporation under this chapter;
8 (B) the Maumee watershed development commission is
9 established as a public body corporate and politic under
10 IC 14-30.5;
11 (C) the participating counties of the Maumee River basin
12 commission become member counties of the Maumee
13 watershed development commission under IC 14-30.5; and
14 (D) each participating county of the Maumee River basin
15 commission is authorized to appoint an individual a member
16 of the county executive or the member's designee under
17 IC 14-30.5-4-1 to represent the county on the board of the
18 Maumee watershed development commission.
19 (f) If established under this section, the Maumee watershed
20 development commission:
21 (1) is a continuation of;
22 (2) retains the property and rights of; and
23 (3) is responsible for the actions and subject to the liabilities of;
24 the former Maumee River basin commission.
25 (g) If established under this section, the Maumee watershed
26 development commission has all of the powers and duties of a
27 watershed development commission under IC 14-30.5 in the areas of
28 the watershed of the Maumee River and the tributaries of the Maumee
29 River that are within the boundaries of the member counties of the
30 Maumee watershed development commission. For the purposes of
31 IC 14-30.5, the areas of the watershed of the Maumee River and the
32 tributaries of the Maumee River that are within the boundaries of the
33 member counties of the Maumee watershed development commission
34 comprise the designated watershed of the Maumee watershed
35 development commission.
36 (h) If the Maumee watershed development commission is
37 established under this section, the board of the Maumee watershed
38 development commission shall appoint an executive director under
39 IC 14-30.5-4-2(e). An individual who was executive director of the
40 Maumee River basin commission may be appointed executive director
41 of the Maumee watershed development commission under this
42 subsection.
2025 IN 1187—LS 6779/DI 153 5
1 (i) If the Maumee watershed development commission is established
2 under this section, all property, records, and funds of the former
3 Maumee River basin commission:
4 (1) become property, records, and funds of the Maumee
5 watershed development commission; and
6 (2) shall be transmitted to the Maumee watershed development
7 commission not more than sixty (60) days after the appointment
8 of the executive director under subsection (h).
9 SECTION 2. IC 14-30-3-33, AS ADDED BY P.L.251-2023,
10 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 33. (a) The commission:
12 (1) may; but
13 (2) is not required to;
14 consider a proposal to transform the commission from a river basin
15 commission subject to this chapter into a watershed development
16 commission subject to IC 14-30.5.
17 (b) For the commission to be transformed from a river basin
18 commission subject to this chapter into a watershed development
19 commission subject to IC 14-30.5:
20 (1) the county executives of all participating counties:
21 (A) must approve the proposal described in subsection (a); and
22 (B) must adopt substantively identical ordinances that set forth
23 the information required by IC 14-30.5-2-1(b), including, for
24 the purposes of IC 14-30.5-2-0.5, the designated watershed
25 within which the proposed watershed development
26 commission would exercise its powers; and
27 (2) a majority of the voting members of the commission must vote
28 in favor of the transformation of the commission into a watershed
29 development commission in accordance with the ordinances
30 adopted under subdivision (1)(B) and the provisions of this
31 section.
32 (c) For the county executive of a participating county to approve a
33 proposal described in subsection (a) under subsection (b)(1)(A), at
34 least two (2) of the three (3) members of the county executive must
35 vote in favor of the proposal.
36 (d) If a member of the county executive of a participating county has
37 designated another individual under section 8(2) of this chapter to fill
38 the member's position on the commission, the individual designated to
39 fill the member's position may vote under subsection (b)(2) on the
40 proposal described in subsection (a).
41 (e) If the county executives of all participating counties approve a
42 proposal described in subsection (a) under subsection (b)(1)(A) and
2025 IN 1187—LS 6779/DI 153 6
1 adopt substantively identical ordinances under subsection (b)(1)(B), a
2 majority of the voting members of the commission vote in favor of the
3 transformation of the commission into a watershed development
4 commission under subsection (b)(2), and the natural resources
5 commission approves the transformation of the commission into a
6 watershed development commission with the purposes set forth in the
7 ordinances adopted under subsection (b)(1)(B), the following apply:
8 (1) The commission shall notify the natural resources commission
9 and the department of the approval of the proposal.
10 (2) The officers of the commission elected under section 11 of
11 this chapter shall take the actions necessary and appropriate to the
12 transformation of the commission from a river basin commission
13 subject to this chapter into a watershed development commission
14 subject to IC 14-30.5.
15 (3) The board of the watershed development commission consists
16 of the following:
17 (A) The director of the department or the director's designee.
18 (B) The county surveyor of each county participating in the
19 commission.
20 (C) An individual other than the county surveyor representing
21 each county participating in the commission, appointed by the
22 county executive.
23 (D) Either:
24 (i) one (1) individual appointed to represent each second
25 class city that is located in a participating county and within
26 the St. Joseph River basin; or
27 (ii) if a participating county does not include a second class
28 city that is located within the St. Joseph River basin, one (1)
29 individual appointed to represent the municipality that has
30 the largest population of all municipalities that are located
31 in the participating county and within the St. Joseph River
32 basin.
33 An individual appointed to represent a second class city under
34 item (i) shall be appointed by the board of storm water
35 management (as described in IC 8-1.5-5-4) of the second class
36 city or, if the second class city has no board of storm water
37 management, by the executive of the second class city. An
38 individual appointed under item (ii) to represent the
39 municipality that has the largest population of all
40 municipalities that are located in the participating county and
41 within the St. Joseph River basin shall be appointed by the
42 board of storm water management (as described in
2025 IN 1187—LS 6779/DI 153 7
1 IC 8-1.5-5-4) of the municipality or, if the municipality has no
2 board of storm water management, by the executive of the
3 municipality.
4 (4) The director of the department or the director's designee:
5 (A) shall advise the commission on the transformation of the
6 commission into a watershed development commission subject
7 to IC 14-30.5; and
8 (B) when the board of the watershed development commission
9 is formed, shall assume the position on the board of the
10 watershed development commission specified in
11 IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(1)(A).
12 (5) The watershed development commission board may not meet
13 until the natural resources commission has given the approval
14 referred to in this subsection. Upon the convening of the first
15 meeting under IC 14-30.5-4 of the board of the watershed
16 development commission:
17 (A) the St. Joseph River basin commission ceases to exist as
18 a separate municipal corporation under this chapter;
19 (B) the St. Joseph watershed development commission is
20 established as a public body corporate and politic under
21 IC 14-30.5;
22 (C) the participating counties of the St. Joseph River basin
23 commission become member counties of the St. Joseph
24 watershed development commission under IC 14-30.5; and
25 (D) each participating county of the St. Joseph River basin
26 commission is authorized to appoint an individual described
27 in subdivision (3)(C) to represent the county on the board of
28 the St. Joseph watershed development commission.
29 (f) If established under this section, the St. Joseph watershed
30 development commission:
31 (1) is a continuation of;
32 (2) retains the property and rights of; and
33 (3) is responsible for the actions and subject to the liabilities of;
34 the former St. Joseph River basin commission.
35 (g) If established under this section, the St. Joseph watershed
36 development commission has all of the powers and duties of a
37 watershed development commission under IC 14-30.5 in the areas of
38 the watershed of the St. Joseph River and the tributaries of the St.
39 Joseph River that are within the boundaries of the member counties of
40 the St. Joseph watershed development commission. For the purposes
41 of IC 14-30.5, the areas of the watershed of the St. Joseph River and the
42 tributaries of the St. Joseph River that are within the boundaries of the
2025 IN 1187—LS 6779/DI 153 8
1 member counties of the St. Joseph watershed development commission
2 comprise the designated watershed of the St. Joseph watershed
3 development commission.
4 (h) If the St. Joseph watershed development commission is
5 established under this section, the board of the St. Joseph watershed
6 development commission shall appoint an executive director under
7 IC 14-30.5-4-2(e). An individual who was executive director of the St.
8 Joseph River basin commission may be appointed executive director
9 of the St. Joseph watershed development commission under this
10 subsection.
11 (i) If the St. Joseph watershed development commission is
12 established under this section, the following apply:
13 (1) All property, records, and funds of the St. Joseph River basin
14 commission:
15 (A) become property, records, and funds of the St. Joseph
16 watershed development commission; and
17 (B) shall be transmitted to the St. Joseph watershed
18 development commission not more than sixty (60) days after
19 the appointment of the executive director under subsection (h).
20 (2) Any advisory committee appointed under section 13 of this
21 chapter is dissolved.
22 (3) The individuals serving as members of the St. Joseph River
23 basin commission under section 8 of this chapter become the
24 members of the advisory committee of the St. Joseph watershed
25 development commission. Upon the expiration under section 9 of
26 this chapter or other termination of the term of office of an
27 individual described in this subdivision, the office of the
28 individual shall be filled by a successor according to subdivision
29 (4).
30 (4) As provided in subdivision (3) and IC 14-30.5-4-5(c)(3), upon
31 the termination of the terms of office of all of the individuals who
32 become members of the advisory committee under subdivision
33 (3), the advisory committee of the St. Joseph watershed
34 development commission shall consist of the following members:
35 (A) From each participating county the following:
36 (i) The executive of each second class city that is located in
37 the participating county and within the St. Joseph River
38 basin, or the executive's designee.
39 (ii) If the county does not have a second class city that is
40 located within the St. Joseph River basin, the executive of
41 the municipality that has the largest population of all
42 municipalities that are located in the participating county
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1 and within the St. Joseph River basin, or the executive's
2 designee.
3 (B) A member of the county executive or the county
4 executive's designee from each participating county.
5 (C) The county health officer or the health officer's designee
6 from each participating county.
7 (D) The county surveyor of each participating county or the
8 county surveyor's designee.
9 (E) A representative of each soil and water conservation
10 district that:
11 (i) is subject to IC 14-32;
12 (ii) includes territory in a participating county; and
13 (iii) includes territory in the St. Joseph river basin.
14 (F) The director of the St. Joseph watershed development
15 commission or the director's designee.
16 SECTION 3. IC 14-30-4-20, AS ADDED BY P.L.251-2023,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 20. (a) The commission:
19 (1) may; but
20 (2) is not required to;
21 consider a proposal to transform the commission from a river basin
22 commission subject to this chapter into a watershed development
23 commission subject to IC 14-30.5.
24 (b) For the commission to be transformed from a river basin
25 commission subject to this chapter into a watershed development
26 commission subject to IC 14-30.5:
27 (1) the county executives of all participating counties:
28 (A) must approve the proposal described in subsection (a); and
29 (B) must adopt substantively identical ordinances that set forth
30 the information required by IC 14-30.5-2-1(b), including, for
31 the purposes of IC 14-30.5-2-0.5, the designated watershed
32 within which the proposed watershed development
33 commission would exercise its powers; and
34 (2) a majority of the voting members of the commission must vote
35 in favor of the transformation of the commission into a watershed
36 development commission in accordance with the ordinances
37 adopted under subdivision (1)(B) and the provisions of this
38 section.
39 (c) For the county executive of a participating county to approve a
40 proposal described in subsection (a) under subsection (b)(1)(A), at
41 least two (2) of the three (3) members of the county executive must
42 vote in favor of the proposal.
2025 IN 1187—LS 6779/DI 153 10
1 (d) If a member of the county executive of a participating county has
2 designated another individual under section 9(a)(1) of this chapter to
3 perform the member's duties on the commission, the individual
4 designated to perform the member's duties may vote under subsection
5 (b)(2) on the proposal described in subsection (a).
6 (e) If the county executives of all participating counties approve a
7 proposal described in subsection (a) under subsection (b)(1)(A) and
8 adopt substantively identical ordinances under subsection (b)(1)(B), a
9 majority of the voting members of the commission vote in favor of the
10 transformation of the commission into a watershed development
11 commission under subsection (b)(2), and the natural resources
12 commission approves the transformation of the commission into a
13 watershed development commission with the purposes set forth in the
14 ordinances adopted under subsection (b)(1)(B), the following apply:
15 (1) The commission shall notify the natural resources commission
16 and the department of the approval of the proposal.
17 (2) The officers of the commission elected under section 10 of
18 this chapter shall take the actions necessary and appropriate to the
19 transformation of the commission from a river basin commission
20 subject to this chapter into a watershed development commission
21 subject to IC 14-30.5.
22 (3) The board of the watershed development commission consists
23 of the following:
24 (A) The director of the department or the director's designee.
25 (B) The county surveyor of each county participating in the
26 commission.
27 (C) An individual other than the county surveyor representing
28 each county participating in the commission, appointed by the
29 county executive.
30 (D) Either:
31 (i) one (1) individual appointed to represent each second
32 class city that is located in a participating county and within
33 the upper Wabash River basin; or
34 (ii) if a participating county does not include a second class
35 city that is located within the upper Wabash River basin, one
36 (1) individual appointed to represent the municipality that
37 has the largest population of all municipalities that are
38 located in the participating county and within the upper
39 Wabash River basin.
40 An individual appointed to represent a second class city under
41 item (i) shall be appointed by the board of storm water
42 management (as described in IC 8-1.5-5-4) of the second class
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1 city or, if the second class city has no board of storm water
2 management, by the executive of the second class city. An
3 individual appointed under item (ii) to represent the
4 municipality that has the largest population of all
5 municipalities that are located in the participating county and
6 within the upper Wabash River basin shall be appointed by the
7 board of storm water management (as described in
8 IC 8-1.5-5-4) of the municipality or, if the municipality has no
9 board of storm water management, by the executive of the
10 municipality.
11 (4) The director of the department or the director's designee:
12 (A) shall advise the commission on the transformation of the
13 commission into a watershed development commission subject
14 to IC 14-30.5; and
15 (B) when the board of the watershed development commission
16 is formed, shall assume the position on the board of the
17 watershed development commission specified in
18 IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(1)(A).
19 (5) The watershed development commission board may not meet
20 until the natural resources commission has given the approval
21 referred to in this subsection. Upon the convening of the first
22 meeting under IC 14-30.5-4 of the board of the watershed
23 development commission:
24 (A) the Upper Wabash River basin commission ceases to exist
25 as a separate municipal corporation under this chapter;
26 (B) the Upper Wabash watershed development commission is
27 established as a public body corporate and politic under
28 IC 14-30.5;
29 (C) the participating counties of the Upper Wabash River
30 basin commission become member counties of the Upper
31 Wabash watershed development commission under
32 IC 14-30.5; and
33 (D) each participating county of the Upper Wabash River
34 basin commission is authorized to appoint an individual
35 described in subdivision (3)(C) to represent the county on the
36 board of the Upper Wabash watershed development
37 commission.
38 (f) If established under this section, the Upper Wabash watershed
39 development commission:
40 (1) is a continuation of;
41 (2) retains the property and rights of; and
42 (3) is responsible for the actions and subject to the liabilities of;
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1 the former Upper Wabash River basin commission.
2 (g) If established under this section, the Upper Wabash watershed
3 development commission has all of the powers and duties of a
4 watershed development commission under IC 14-30.5 in the areas of
5 the watershed of the Wabash River and the tributaries of the Wabash
6 River that are within the boundaries of the member counties of the
7 Upper Wabash watershed development commission. For the purposes
8 of IC 14-30.5, the areas of the watershed of the Wabash River and the
9 tributaries of the Wabash River that are within the boundaries of the
10 member counties of the Upper Wabash watershed development
11 commission comprise the designated watershed of the Upper Wabash
12 watershed development commission.
13 (h) If the Upper Wabash watershed development commission is
14 established under this section, the board of the Upper Wabash
15 watershed development commission shall appoint an executive director
16 under IC 14-30.5-4-2(e). An individual who was executive director of
17 the Upper Wabash River basin commission may be appointed
18 executive director of the Upper Wabash watershed development
19 commission under this subsection.
20 (i) If the Upper Wabash watershed development commission is
21 established under this section, all property, records, and funds of the
22 former Upper Wabash River basin commission:
23 (1) become property, records, and funds of the Upper Wabash
24 watershed development commission; and
25 (2) shall be transmitted to the Upper Wabash watershed
26 development commission not more than sixty (60) days after the
27 appointment of the executive director under subsection (h).
28 SECTION 4. IC 14-30.5-1-11, AS ADDED BY P.L.251-2023,
29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 11. A reference in this article to "water
31 infrastructure" or "water infrastructure purposes" excludes any drinking
32 water or sanitary sewer project in a county, city, or town that is
33 located inside or outside of a commission's designated watershed,
34 unless the context clearly requires otherwise.
35 SECTION 5. IC 14-30.5-2-1, AS ADDED BY P.L.251-2023,
36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 1. (a) The executive of a county may adopt an
38 ordinance designating the county as a member of a proposed watershed
39 development commission if at least ten percent (10%) any portion of
40 the surface of the designated watershed, as identified in the ordinance
41 under subsection (b)(1), lies within the boundaries of the county.
42 (b) An ordinance adopted under this section must do the following:
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1 (1) Identify the designated watershed within which the proposed
2 commission would exercise its powers by:
3 (A) identifying the surface water outlet of the designated
4 watershed; and
5 (B) setting forth the geographic boundaries of the entire area,
6 both inside and outside the county, from which water drains
7 into the surface water outlet.
8 (2) Specify the area or areas of the county that are inside the
9 geographic boundaries of the designated watershed, as identified
10 under subdivision (1).
11 (3) Set forth the flood damage reduction, drainage, storm water
12 management, recreation, or soil and water conservation
13 infrastructure purposes for which the proposed commission would
14 be established.
15 (4) State the flood damage reduction, drainage, storm water
16 management, recreation, or soil and water conservation
17 infrastructure needs of the county that would be addressed
18 through the county's membership in the proposed commission.
19 (c) A county executive that adopts an ordinance under this section
20 designating a county as a member of a proposed watershed
21 development commission must submit to the natural resources
22 commission:
23 (1) a copy of the ordinance; and
24 (2) a written request for the natural resources commission's
25 recognition of the proposed commission under section 2 of this
26 chapter.
27 SECTION 6. IC 14-30.5-2-2, AS ADDED BY P.L.251-2023,
28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 2. (a) If one (1) county executive submits an
30 ordinance and a written request for recognition of a proposed
31 watershed development commission under section 1(c) of this chapter,
32 the natural resources commission shall decide under subsections (c)
33 through (e) whether to recognize the proposed commission.
34 (b) If the county executives of two (2) or more counties submit
35 ordinances and written requests under section 1(c) of this chapter for
36 recognition of a single proposed watershed development commission
37 empowered to act in a single designated watershed that includes areas
38 within both or all of the counties:
39 (1) the natural resources commission may not decide whether to
40 recognize the proposed commission unless the provisions of the
41 ordinances submitted under section 1(c)(1) of this chapter are
42 essentially identical in:
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1 (A) identifying the designated watershed; and
2 (B) stating the purposes of the proposed commission; and
3 (2) if the natural resources commission determines that the
4 requirement set forth in subdivision (1) is met, the natural
5 resources commission shall decide under subsections (c) through
6 (e) whether to recognize the proposed commission.
7 (c) Before making a decision whether to recognize a proposed
8 commission under this section, the natural resources commission shall
9 hold at least one (1) public hearing concerning the proposed
10 commission in each county whose executive submitted an ordinance
11 and a written request for recognition of the proposed commission under
12 section 1(c) of this chapter. Any interested person attending a public
13 hearing held under this subsection shall have the right to:
14 (1) address the natural resources commission; and
15 (2) provide written comments;
16 on whether the proposed commission should be established. An officer
17 or employee of the division of hearings of the natural resources
18 commission may, on behalf of the natural resources commission,
19 convene the meeting, record the testimony given, and receive the
20 written comments provided.
21 (d) The natural resources commission shall give notice of a public
22 hearing to be held under subsection (c):
23 (1) by publication at least one (1) time in one (1) newspaper of
24 general circulation in the county in which the hearing will be
25 held; and
26 (2) through the website of the natural resources commission.
27 (e) In deciding whether to recognize a proposed commission, the
28 natural resources commission shall determine the answer to each of the
29 following questions:
30 (1) Are the purposes for which the proposed commission would
31 be established, as set forth in the ordinance or ordinances under
32 section 1(b)(3) of this chapter, within the purposes set forth in
33 IC 14-30.5-3-1 for which a watershed development commission
34 may be established?
35 (2) Do the purposes of the proposed commission, as set forth in
36 the ordinance or ordinances under section 1(b)(3) of this chapter,
37 correspond to legitimate flood damage reduction, drainage, storm
38 water management, recreation, or soil and water conservation
39 infrastructure needs of each county seeking establishment of the
40 commission, as set forth under section 1(b)(4) of this chapter?
41 (3) Is it reasonable to expect that the establishment of a
42 commission having powers under this article only in the county
2025 IN 1187—LS 6779/DI 153 15
1 or counties from which the ordinance or ordinances were
2 submitted under section 1(c)(1) of this chapter would effectively
3 address the flood damage reduction, drainage, storm water
4 management, recreation, or soil and water conservation
5 infrastructure needs of each county that submitted an ordinance
6 under section 1(c)(1) of this chapter?
7 (4) Is it reasonable to expect that the establishment of a
8 commission that has powers under this article only in the area or
9 areas inside the geographic boundaries of the designated
10 watershed would effectively address the flood damage reduction,
11 drainage, storm water management, recreation, or soil and water
12 conservation infrastructure needs of each county that submitted
13 an ordinance under section 1(c)(1) of this chapter?
14 (5) Is the territory of the proposed commission at least as large as
15 the entirety of the same eight (8) digit U.S. Geological Survey
16 hydrologic unit code?
17 (6) Has a regional watershed study or watershed management
18 plan been conducted in consultation with the Indiana finance
19 authority and or the department of natural resources that assesses
20 water use, water quality, drinking water systems, wastewater
21 management systems, storm water management, flood control,
22 drainage management, recreational uses, natural resources, and
23 soil and water conservation infrastructure needs of the watershed
24 of the proposed commission? If so, can the establishment of the
25 proposed commission be expected to address the needs identified
26 in that study or management plan?
27 (f) If:
28 (1) one (1) county's executive submits an ordinance and a request
29 for recognition of a proposed commission under section 1(c) of
30 this chapter; and
31 (2) the natural resources commission answers all of the questions
32 set forth in subsection (e) favorably;
33 the natural resources commission shall issue an order recognizing the
34 watershed development commission and recognizing the county
35 referred to in subdivision (1) as a member of the watershed
36 development commission.
37 (g) If:
38 (1) executives of two (2) or more counties submit ordinances and
39 requests for recognition of a proposed watershed development
40 commission under section 1(c) of this chapter; and
41 (2) the natural resources commission answers all of the questions
42 set forth in subsection (e) favorably with respect to at least one (1)
2025 IN 1187—LS 6779/DI 153 16
1 of the counties;
2 the natural resources commission shall issue an order recognizing the
3 watershed development commission and recognizing as a member of
4 the watershed development commission each county with respect to
5 which the natural resources commission answered all of the questions
6 set forth in subsection (e) favorably.
7 (h) If the natural resources commission does not answer all of the
8 questions set forth in subsection (e) favorably with respect to a county,
9 the natural resources commission shall:
10 (1) inform the executive of the county in writing of its decision;
11 and
12 (2) specify in the writing the reason or reasons for each
13 unfavorable answer.
14 (i) The action of the natural resources commission under this section
15 in declining to recognize a proposed watershed development
16 commission for a particular watershed does not preclude the later
17 submission of one (1) or more new ordinances and written requests for
18 recognition of a proposed watershed development commission for the
19 same designated watershed.
20 (j) An action of the natural resources commission under this section
21 declining to recognize a particular county as a member of a watershed
22 development commission does not preclude the later submission of:
23 (1) another ordinance and written request under section 1(c) of
24 this chapter for recognition of the county as a member of another
25 proposed watershed development commission; or
26 (2) an ordinance and written request under section 4 or 5 of this
27 chapter proposing the county for membership in an established
28 watershed development commission.
29 SECTION 7. IC 14-30.5-2-4, AS ADDED BY P.L.251-2023,
30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 4. (a) The executive of a county may adopt an
32 ordinance proposing the county for membership in an established
33 watershed development commission if at least ten percent (10%) any
34 portion of the surface of the commission's designated watershed lies
35 within the boundaries of the county.
36 (b) An ordinance adopted under this section must do the following:
37 (1) Identify the existing commission in which the county seeks
38 membership.
39 (2) Specify the area or areas of the county that are within the
40 designated watershed of the existing commission.
41 (3) State the flood damage reduction, drainage, storm water
42 management, recreation, or soil and water conservation
2025 IN 1187—LS 6779/DI 153 17
1 infrastructure needs of the county that would be addressed
2 through the county's membership in the existing commission.
3 (c) A county executive that adopts an ordinance under this section
4 proposing the county for membership in an existing commission must
5 submit to the natural resources commission:
6 (1) a copy of the ordinance; and
7 (2) a written request for the natural resources commission's
8 recognition of the county as a member of the existing
9 commission.
10 SECTION 8. IC 14-30.5-2-5 IS REPEALED [EFFECTIVE JULY
11 1, 2025]. Sec. 5. (a) The executive of a county may adopt an ordinance
12 proposing the county for membership in an established watershed
13 development commission even if less than ten percent (10%) of the
14 surface of the designated watershed of the commission lies within the
15 boundaries of the county.
16 (b) An ordinance adopted under this section must do the following:
17 (1) Identify the existing commission in which the county seeks
18 membership.
19 (2) Specify the area or areas of the county that are within the
20 designated watershed of the existing commission.
21 (3) State the flood damage reduction, drainage, storm water
22 management, recreation, or water infrastructure needs of the
23 county that would be addressed through the county's membership
24 in the existing commission.
25 (c) A county executive that adopts an ordinance under this section
26 proposing the county for membership in an existing watershed
27 development commission must submit to the natural resources
28 commission:
29 (1) a copy of the ordinance; and
30 (2) a written request for the natural resources commission's
31 recognition of the county as a member of the existing
32 commission.
33 (d) If a county to which this section applies becomes a member of
34 an existing commission, the county is subject to section 7(c) of this
35 chapter.
36 SECTION 9. IC 14-30.5-2-6, AS ADDED BY P.L.251-2023,
37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 6. (a) A county to which section 4 or 5 of this
39 chapter applies may not become a member of an existing watershed
40 development commission unless:
41 (1) the executives of all of the counties that are members of the
42 existing commission adopt ordinances accepting the county as a
2025 IN 1187—LS 6779/DI 153 18
1 member county of the existing commission; and
2 (2) the natural resources commission issues an order under this
3 section recognizing the county as a member county of the existing
4 commission.
5 (b) Before making a decision whether to recognize a county as a
6 member county of an existing commission under this section, the
7 natural resources commission shall hold at least one (1) public hearing
8 in the county concerning the proposed membership of the county in the
9 existing commission. Any interested person attending a public hearing
10 held under this subsection shall have the right to:
11 (1) address the natural resources commission; and
12 (2) provide written comments;
13 concerning the proposed membership of the county in the existing
14 commission. An officer or employee of the division of hearings of the
15 natural resources commission may, on behalf of the natural resources
16 commission, convene the meeting, record the testimony given, and
17 receive the written comments provided.
18 (c) The natural resources commission shall give notice of a public
19 hearing to be held under subsection (b):
20 (1) by publication at least one (1) time in one (1) newspaper of
21 general circulation in the county in which the hearing will be
22 held; and
23 (2) through the website of the natural resources commission.
24 (d) In deciding whether to recognize a county to which section 4 or
25 5 of this chapter applies as a member of an existing commission, the
26 natural resources commission shall determine the answer to each of the
27 following questions:
28 (1) Do the stated purposes for which the watershed development
29 commission was established correspond to the flood damage
30 reduction, drainage, storm water management, recreation, or soil
31 and water conservation infrastructure needs of the county, as
32 stated under section 4(b)(3) or 5(b)(3) of this chapter?
33 (2) Is it reasonable to expect that the county's flood damage
34 reduction, drainage, storm water management, recreation, or soil
35 and water conservation infrastructure needs, as stated under
36 section 4(b)(3) or 5(b)(3) of this chapter, would be addressed
37 more effectively if the county were a member of the existing
38 commission than those needs have previously been addressed?
39 (3) Would the county's membership in the existing commission
40 diminish the effectiveness of the existing watershed development
41 commission in addressing the flood damage reduction, drainage,
42 storm water management, recreation, or soil and water
2025 IN 1187—LS 6779/DI 153 19
1 conservation infrastructure needs of other member counties?
2 (4) Is the territory of the proposed commission at least as large as
3 the entirety of the same eight (8) digit U.S. Geological Survey
4 hydrologic unit code?
5 (5) Has a regional watershed study or watershed management
6 plan been conducted in consultation with Indiana finance
7 authority and or the department of natural resources that assesses
8 water use, water quality, drinking water systems, wastewater
9 management systems, storm water management, flood control,
10 drainage management, recreational uses, natural resources, and
11 soil and water conservation infrastructure needs of the watershed
12 of the proposed commission? If so, can the establishment of the
13 proposed commission be expected to address the needs identified
14 in that study or management plan?
15 (e) If the natural resources commission answers all of the questions
16 set forth in subsection (d) favorably, the natural resources commission
17 shall issue an order recognizing the membership of the county in the
18 existing commission.
19 (f) If the natural resources commission does not answer all of the
20 questions set forth in subsection (d) favorably, the natural resources
21 commission shall inform the executive of the county to which section
22 4 or 5 of this chapter applies in writing of its decision and specify in the
23 writing the reason or reasons for each unfavorable answer.
24 (g) An action of the natural resources commission under this section
25 declining to recognize a county as a member of an established
26 watershed development commission does not preclude the later
27 submission of another ordinance under section 4 or 5 of this chapter
28 seeking membership for the county in an existing commission.
29 SECTION 10. IC 14-30.5-2-7, AS ADDED BY P.L.251-2023,
30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 7. (a) If:
32 (1) the executives of all of the counties that are members of an
33 existing watershed development commission adopt ordinances
34 under section 6(a)(1) of this chapter accepting a county to which
35 section 4 or 5 of this chapter applies as a member county of the
36 existing commission; and
37 (2) the natural resources commission recognizes the county as a
38 member of the watershed development commission under section
39 6(e) of this chapter;
40 the county becomes a member of the existing commission upon the
41 satisfaction of subdivision (1) or (2), whichever is satisfied later.
42 (b) If a county to which section 4 of this chapter applies becomes a
2025 IN 1187—LS 6779/DI 153 20
1 member of an existing commission under this section, the county is
2 entitled to representation on the board of the existing commission
3 under IC 14-30.5-4-1.
4 (c) If a county to which section 5 of this chapter applies becomes a
5 member of an existing commission under this section, the county is not
6 entitled to representation on the board of the existing commission
7 under IC 14-30.5-4-1 unless:
8 (1) the natural resources commission, in the order issued under
9 section 6(e) of this chapter recognizing the county as a member
10 of the existing watershed development commission, recommends
11 that the county be granted representation on the board of the
12 existing commission; and
13 (2) the executives of all of the counties that are members of the
14 existing commission adopt ordinances granting the county
15 representation on the board of the commission.
16 SECTION 11. IC 14-30.5-3-1, AS ADDED BY P.L.251-2023,
17 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 1. (a) The flood damage reduction, drainage,
19 storm water management, recreation, and soil and water conservation
20 infrastructure purposes for which a watershed development
21 commission may be established include the following:
22 (1) Planning, taking, and promoting action to prevent or mitigate
23 flooding through generally accepted structural and nonstructural
24 means, including the following:
25 (A) Bank stabilization.
26 (B) Expansion of water storage capacity.
27 (C) Erosion control.
28 (D) Sediment reduction.
29 (E) Logjam management.
30 (F) Selective construction, maintenance, and removal of
31 berms.
32 (G) Construction of levees. Nutrient management.
33 (H) Bridge and structure removal and replacement. Water
34 quality monitoring.
35 (2) Taking and promoting action to enhance drainage in ways
36 consistent with storm water management requirements.
37 (3) Taking and promoting action to address soil and water
38 conservation infrastructure needs related to flood damage
39 reduction, storm water management, recreation, and drainage.
40 (4) Setting voluntary water quality goals.
41 (5) Taking and promoting action to address the impounding
42 of increased water runoff resulting from new construction.
2025 IN 1187—LS 6779/DI 153 21
1 (b) Subject to subsection (c), the purposes for which a watershed
2 development commission may be established, in addition to those set
3 forth in subsection (a), may include one (1) or more purposes related
4 to water quality within the boundaries of the designated watershed,
5 such as:
6 (1) reducing the runoff of nutrients and soil into streams and
7 bodies of water by promoting the use of improved ditch design
8 and the reestablishment of strategically located wetlands; and
9 (2) reducing ground water contamination by promoting the use of
10 improved septic system technology.
11 However, a water quality purpose, goal, or project does not convey
12 water quality regulatory authority to a watershed development
13 commission.
14 (c) A watershed development commission may not have a purpose
15 described in subsection (b) unless:
16 (1) the board of the commission, in addition to developing a flood
17 damage reduction and drainage plan under section 4 of this
18 chapter, develops a water quality improvement plan that:
19 (A) describes water quality problems within the boundaries of
20 the designated watershed; and
21 (B) proposes one (1) or more actions that the watershed
22 development commission could take to address those
23 problems;
24 (2) the board of the watershed development commission submits
25 the water quality improvement plan to the natural resources
26 commission; and
27 (3) the natural resources commission, after:
28 (A) determining whether the water quality problems described
29 in the water quality improvement plan truly exist within the
30 boundaries of the watershed development commission's
31 designated watershed; and
32 (B) considering whether it is likely that the efforts of the
33 watershed development commission would be a practically
34 effective and cost effective means of addressing the water
35 quality problems;
36 approves the commission's water quality improvement plan.
37 SECTION 12. IC 14-30.5-3-2, AS ADDED BY P.L.251-2023,
38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 2. A watershed development commission is
40 granted powers by this chapter for the benefit of the people of Indiana
41 and for the increase of their commerce, protecting their health,
42 enjoyment, and prosperity. safety, and welfare. The operation,
2025 IN 1187—LS 6779/DI 153 22
1 creation, development, and maintenance of the projects by a watershed
2 development commission constitute the performance of essential
3 governmental functions.
4 SECTION 13. IC 14-30.5-3-4, AS ADDED BY P.L.251-2023,
5 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 4. (a) The board of a watershed development
7 commission shall develop a plan for flood damage reduction and
8 drainage within the commission's designated watershed.
9 (b) A watershed development commission:
10 (1) subject to subsection (f), has exclusive authority to perform
11 drainage, storm water management, and flood damage
12 reduction, and soil and water conservation activities within the
13 designated watershed; channel of:
14 (A) the river that is the surface water outlet of the
15 commission's designated watershed; or
16 (B) each river that flows directly into the surface water outlet,
17 if the surface water outlet of the commission's designated
18 watershed is a lake or impoundment;
19 and within the area extending seventy-five (75) feet from the top
20 of each bank of the river;
21 (2) may participate in the flood control program established under
22 IC 5-1.2-13; and
23 (3) may acquire interests in land, including easements, for the
24 commission's use in:
25 (A) providing flood storage; and
26 (B) the construction of levees low profile berms and other
27 flood damage reduction improvements.
28 (c) The drainage, and storm water management, flood damage
29 reduction, and soil and water conservation activities that a watershed
30 development commission has exclusive authority to perform under
31 subsection (b)(1) include the following:
32 (1) Bank stabilization.
33 (2) Tree removal.
34 (3) Construction and operation of sand sediment traps.
35 (4) Channel reconstruction.
36 (5) Sediment removal.
37 (6) Two-stage ditch construction.
38 (7) Installation of best management practices (as described in
39 the local National Resources Conservation Service Field
40 Office Technical Guide as of July 1, 2025, and any
41 amendments thereto), including:
42 (A) blind tile inlets;
2025 IN 1187—LS 6779/DI 153 23
1 (B) cover crops;
2 (C) grass buffer or filter strips;
3 (D) regional detention ponds;
4 (E) tile inlet buffers;
5 (F) nutrient management;
6 (G) edge of field bioreactors;
7 (H) riparian buffers; and
8 (I) wetland restoration.
9 (6) (8) The acquisition, construction, and maintenance of access
10 roads to levees and the channel of a river to which subsection
11 (b)(1) applies.
12 (7) (9) Other actions that the board of the watershed development
13 commission reasonably considers necessary to carry out this
14 chapter.
15 (d) Subject to subsection (f), a county must obtain the authorization
16 of the board of the watershed development commission before
17 performing any:
18 (1) construction work; or
19 (2) drainage or flood damage reduction activities;
20 within the area described in subsection (b)(1) unless the work must be
21 performed in response to an emergency.
22 (e) Subsection (f) applies if a governmental entity other than the
23 watershed development commission has authority:
24 (1) to perform one (1) or more activities set forth in subsection (c)
25 within any part of the watershed development commission's
26 designated watershed; and
27 (2) to collect a tax or an assessment or to impose another duty of
28 financial contribution upon the owners of property located in any
29 part of the watershed development commission's designated
30 watershed.
31 (f) The board of a watershed development commission may enter
32 into an interlocal cooperation agreement under IC 36-1-7 with a
33 governmental entity described in subsection (e):
34 (1) under which:
35 (A) the watershed development commission will perform, and
36 the other governmental entity will relinquish its authority to
37 perform, the activity or activities set forth in subsection (c)
38 within the watershed development commission's designated
39 watershed; and
40 (B) the governmental entity will cease collecting the tax or
41 assessment or imposing the other duty of financial contribution
42 described in subsection (e)(2) for performing the activity or
2025 IN 1187—LS 6779/DI 153 24
1 activities set forth in subsection (c) within the watershed
2 development commission's designated watershed; or
3 (2) under which:
4 (A) the governmental entity will continue to perform, and the
5 watershed development commission will relinquish its
6 authority to perform, the activity or activities set forth in
7 subsection (c) within the part of the watershed development
8 commission's designated watershed in which the governmental
9 entity performs those activities;
10 (B) the governmental entity will continue collecting the tax or
11 assessment or imposing the other duty of financial contribution
12 described in subsection (e)(2) in the part of the watershed
13 development commission's designated watershed in which the
14 governmental entity performs the activity or activities set forth
15 in subsection (c); and
16 (C) the watershed development commission will:
17 (i) relinquish its authority to receive; or
18 (ii) appropriately reduce;
19 the annual special assessments or support by optional methods
20 to which the watershed development commission is otherwise
21 entitled under IC 14-30.5-5 with respect to taxable parcels of
22 real property located in the part of the watershed development
23 commission's designated watershed in which the governmental
24 entity performs the activity or activities set forth in subsection
25 (c).
26 SECTION 14. IC 14-30.5-3-7, AS ADDED BY P.L.251-2023,
27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 7. (a) A watershed development commission may:
29 (1) acquire and dispose of real or personal property by grant, gift,
30 purchase, lease, devise, or otherwise; and
31 (2) hold, use, improve, maintain, operate, own, manage, or lease
32 as lessor or lessee real or personal property or any interest in that
33 property;
34 (3) acquire by grant, gift, purchase, or devise an improvement
35 within a five hundred (500) year flood plain, also known as a
36 two-tenths of one percent (0.2%) annual chance of occurrence
37 flood plain, in the commission's designated watershed for the
38 purpose of removal of those improvements; and
39 (4) adopt rules under IC 4-22-2 that restrict construction
40 within a one hundred (100) year flood plain, also known as a
41 one percent (1%) annual chance of occurrence flood plain, in
42 the commission's designated watershed;
2025 IN 1187—LS 6779/DI 153 25
1 for the purposes set forth in this chapter.
2 (b) A watershed development commission may exercise the powers
3 granted by this section for the development of the water resources of
4 the commission's designated watershed. as follows:
5 (1) For the development of the water resources of the
6 commission's designated watershed.
7 (2) For the purposes of IC 32-23-5.
8 (3) To contribute to the following:
9 (A) Flood control or mitigation.
10 (B) Flood damage reduction.
11 (C) Water quality.
12 (D) Soil conservation.
13 SECTION 15. IC 14-30.5-3-10 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A watershed development
16 commission, the board of the commission, an employee of the
17 commission, or authorized representatives of the commission
18 acting under this chapter may:
19 (1) enter land lying within a five hundred (500) year flood
20 plain, also known as a two-tenths of one percent (0.2%)
21 annual chance of occurrence flood plain, in the commission's
22 designated watershed; and
23 (2) enter other land to gain access to the land described in
24 subdivision (1);
25 to investigate, examine, and survey the land or investigate
26 suspected violations of the Indiana flood control laws.
27 (b) Before exercising any of the powers conferred in subsection
28 (a), the commission must give twenty-one (21) days oral or written
29 notice:
30 (1) to:
31 (A) an affected landowner;
32 (B) a contract purchaser; or
33 (C) if the land is owned by a municipality, the executive of
34 the municipality; and
35 (2) that states:
36 (A) the purpose of the entry; and
37 (B) that there is a right of appeal under this section.
38 (c) A person described in subsection (b)(1) may, within the
39 twenty-one (21) day notice period under subsection (b), appeal to
40 the commission the proposed necessity for entry. If an appeal is
41 made, the commission shall hold a hearing on the necessity for
42 right of entry before the right of entry is exercised.
2025 IN 1187—LS 6779/DI 153 26
1 (d) A person acting under subsection (a) must use due care to
2 avoid damage to crops, fences, buildings, or other structures.
3 (e) A person listed in subsection (a) acting under this chapter
4 does not commit criminal trespass under IC 35-43-2-2.
5 SECTION 16. IC 14-30.5-4-1, AS ADDED BY P.L.251-2023,
6 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 1. (a) The board of a watershed development
8 commission consists of the following individuals:
9 (1) If the designated watershed includes the upper Wabash
10 River basin or the St. Joseph River basin the following
11 individuals:
12 (A) The director of the department or the director's
13 designee.
14 (B) The county surveyor of each county participating in
15 the commission.
16 (C) An individual other than the county surveyor
17 representing each county participating in the commission,
18 appointed by the county executive.
19 (D) Either:
20 (i) one (1) individual appointed to represent each second
21 class city that is located in a participating county and
22 within the basin; or
23 (ii) if a participating county does not include a second
24 class city that is located within the basin, one (1)
25 individual appointed to represent the municipality that
26 has the largest population of all municipalities that are
27 located in the participating county and within the basin.
28 An individual appointed to represent a second class city
29 under item (i) shall be appointed by the board of storm
30 water management (as described in IC 8-1.5-5-4) of the
31 second class city or, if the second class city has no board of
32 storm water management, by the executive of the second
33 class city. An individual appointed under item (ii) to
34 represent the municipality that has the largest population
35 of all municipalities that are located in the participating
36 county and within basin shall be appointed by the board of
37 storm water management (as described in IC 8-1.5-5-4) of
38 the municipality or, if the municipality has no board of
39 storm water management, by the executive of the
40 municipality.
41 (2) If the designated watershed does not include a basin
42 described in subdivision (1) the following individuals:
2025 IN 1187—LS 6779/DI 153 27
1 (1) (A) The director of the department or the director's
2 designee.
3 (2) (B) The county surveyor of each county that:
4 (A) (i) is a member of the commission; and
5 (B) (ii) is entitled to membership on the board.
6 (3) An individual other than the county surveyor representing
7 (C) A member of the county executive from each county
8 that
9 (A) is a member of the commission and
10 (B) is entitled to membership on the board or the member's
11 designee.
12 appointed by the county executive.
13 (4) Either:
14 (A) one (1) individual appointed to represent each second
15 class city that is located in a participating county and within
16 the designated watershed of the watershed development
17 commission; or
18 (B) if a participating county does not include a second class
19 city that is located within the designated watershed of the
20 watershed development commission, one (1) individual
21 appointed to represent the municipality that has the largest
22 population of all municipalities that are located in the
23 participating county and within the designated watershed of
24 the watershed development commission.
25 An individual appointed to represent a second class city under
26 clause (A) shall be appointed by the board of storm water
27 management (as described in IC 8-1.5-5-4) of the second class
28 city or, if the second class city has no board of storm water
29 management, by the executive of the second class city. An
30 individual appointed under clause (B) to represent the
31 municipality that has the largest population of all municipalities
32 that are located in the participating county and within the
33 designated watershed of the watershed development commission
34 shall be appointed by the board of storm water management (as
35 described in IC 8-1.5-5-4) of the municipality or, if the
36 municipality has no board of storm water management, by the
37 executive of the municipality.
38 (D) If the designated watershed includes the Maumee
39 River basin:
40 (i) one (1) individual appointed to represent each second
41 class city that is located in a participating county and
42 within the basin; and
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1 (ii) a member of the county soil and water conservation
2 district board from each participating county within the
3 basin or the member's designee.
4 An individual appointed to represent a second class city
5 under item (i) shall be appointed by the board of storm
6 water management (as described in IC 8-1.5-5-4) of the
7 second class city or, if the second class city has no board of
8 storm water management, by the executive of the second
9 class city.
10 All of the members of the board of a commission to which this
11 subsection applies are voting members.
12 (b) The executive of a county described in subsection (a)(3)
13 (a)(1)(C) shall appoint the individual to represent the county on the
14 board of the commission under subsection (a)(3). (a)(1)(C). However,
15 if the position of an individual appointed under subsection (a)(3)
16 (a)(1)(C) becomes vacant, the county surveyor of the county shall
17 represent the county on the board under subsection (a)(3) (a)(1)(C)
18 until a new appointment is made by the county executive under
19 subsection (a)(3). (a)(1)(C). The executive of a county described in
20 subsection (a)(2)(C) may appoint an individual as a designee to
21 represent the county on the board of the commission under
22 subsection (a)(2)(C). However, if the position of an individual
23 appointed under subsection (a)(2)(C) becomes vacant, the county
24 surveyor of the county shall represent the county on the board
25 under subsection (a)(2)(C) until a new appointment is made by the
26 county executive under subsection (a)(2)(C).
27 (c) An individual appointed or designated to represent a county on
28 the board of a watershed development commission under subsection
29 (a)(3) (a)(1)(C) or (a)(2)(C):
30 (1) must have a background in construction, project management,
31 flood damage reduction, drainage, or a similar professional
32 background; and
33 (2) must reside in the county.
34 (d) The term of office of an individual appointed or designated
35 under subsection (a)(3): (a)(1)(C) or (a)(2)(C):
36 (1) is four (4) years; and
37 (2) continues until the individual's successor is appointed.
38 (e) An individual appointed under subsection (a)(2) (a)(1)(B) or
39 (a)(2)(B) is eligible for reappointment.
40 SECTION 17. IC 14-30.5-4-2, AS ADDED BY P.L.251-2023,
41 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 2. (a) The voting members of the board of a
2025 IN 1187—LS 6779/DI 153 29
1 watershed development commission shall elect the following officers:
2 (1) A chair.
3 (2) A vice chair.
4 (3) A secretary-treasurer.
5 (b) When one (1) or more additional counties that are entitled to
6 representation on the board of a watershed development commission
7 under IC 14-30.5-2-7(b) or IC 14-30.5-2-7(c) become members of the
8 commission, the offices referred to in subsection (a) become vacant
9 and the members of the board shall elect new officers under subsection
10 (a).
11 (c) The term of an individual elected to an office under subsection
12 (a) may not exceed one (1) year, but the individual is eligible for
13 reelection.
14 (d) An individual elected to an office under subsection (a) shall
15 perform the duties usually pertaining to the office.
16 (e) The board of a watershed development commission:
17 (1) shall appoint an executive director; and
18 (2) may establish and fill other offices the board considers
19 necessary.
20 SECTION 18. IC 14-30.5-5-6, AS ADDED BY P.L.251-2023,
21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 6. (a) A watershed development commission shall
23 deposit special assessments received under section 3 of this chapter
24 into a segregated account maintained by the commission. Except as
25 provided in subsection (b), special assessments deposited into the
26 account may not be transferred into other accounts belonging to the
27 commission. Money in the account may be used only for the following
28 purposes:
29 (1) To pay expenses directly related to the acquisition,
30 construction, or improvement of real property, a facility, a
31 betterment, or an improvement constituting part of a project of the
32 commission, including acquisition of the site for a project.
33 (2) To pay expenses directly related to the operation, repair, and
34 maintenance of flood protection systems within the commission's
35 designated watershed.
36 (3) To pay the annual installment and interest on a loan or other
37 financial assistance received by the commission under
38 IC 5-1.2-13.
39 (4) To pay:
40 (A) the compensation of:
41 (i) the executive director of the commission appointed under
42 IC 14-30.5-4-2(e)(1); and
2025 IN 1187—LS 6779/DI 153 30
1 (ii) the individuals holding any other offices of the
2 commission established under IC 14-30.5-4-2(e)(2); and
3 (B) other administrative expenses of the commission.
4 (5) To pay for expenses directly related to the installation of
5 best management practices (as described in the local National
6 Resources Conservation Service Field Office Technical Guide
7 as of July 1, 2025, and any amendments thereto) within the
8 commission's designated watershed.
9 (6) To grant funds to another governmental entity for the
10 purpose of installing best management practices (as described
11 in the local National Resources Conservation Service Field
12 Office Technical Guide as of July 1, 2025, and any
13 amendments thereto) in the commission's designated
14 watershed to reduce erosion and storm water runoff.
15 (7) To grant funds to a county drainage board for projects
16 that provide flood damage reduction or water quality
17 improvement benefits.
18 Money in the account may not be used for highway bridge repairs or
19 reconstruction.
20 (b) A watershed development commission that has:
21 (1) obtained easements from landowners; or
22 (2) entered into contracts with landowners;
23 allowing the use of land for flood storage purposes shall establish an
24 account for reimbursing the landowners for the use of their land for
25 flood storage. The account consists of money transferred from the
26 segregated account described in subsection (a). A commission may
27 transfer into the account established under this subsection amounts that
28 the board of the commission considers appropriate.
29 SECTION 19. IC 14-30.5-5-8, AS ADDED BY P.L.251-2023,
30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 8. (a) The board of a watershed development
32 commission shall do the following:
33 (1) Prepare and adopt by majority vote an annual budget for the
34 commission which allocates money as follows:
35 (A) Twenty-five percent (25%) of funds for flood
36 mitigation.
37 (B) Twenty-five percent (25%) of funds for structural
38 water quality best management practices (as described in
39 the local National Resources Conservation Service Field
40 Office Technical Guide as of July 1, 2025, and any
41 amendments thereto).
42 (C) Twenty-five percent (25%) of funds for nonstructural
2025 IN 1187—LS 6779/DI 153 31
1 water quality best management practices (as described in
2 the local National Resources Conservation Service Field
3 Office Technical Guide as of July 1, 2025, and any
4 amendments thereto).
5 (D) Five percent (5%) of funds for stream obstruction
6 removal.
7 (E) Fifteen percent (15%) of funds for flood hazard
8 mitigation.
9 (F) Five percent (5%) of funds for flood warning systems.
10 (2) Submit the budget to each county, municipality, or agency
11 appropriating money for the use of the commission.
12 (b) After the board of a watershed development commission
13 approves an annual budget, the commission may expend money only
14 as budgeted unless a majority vote at least seventy-five percent
15 (75%) of the board of the commission authorizes votes in favor of the
16 expenditure. other than according to the budget. Funds reallocated
17 under this subsection can be deemed as a loan or a grant.
18 (c) Any appropriated amounts remaining unexpended or
19 unencumbered at the end of a year become part of a nonreverting
20 cumulative fund to be held in the name of the watershed development
21 commission. The board of a commission may authorize unbudgeted
22 expenditures from this fund by a majority vote of the board.
23 (d) A watershed development commission is responsible for the
24 safekeeping and deposit of money it receives under this chapter. The
25 state board of accounts shall:
26 (1) prescribe the methods and forms for keeping; and
27 (2) periodically audit;
28 the accounts, records, and books of each watershed development
29 commission.
30 (e) The secretary-treasurer of the board of a watershed development
31 commission may receive, disburse, and handle money belonging to the
32 commission, subject to the following:
33 (1) Applicable statutes.
34 (2) Procedures established by the board of the commission.
35 SECTION 20. IC 14-30.5-6-2, AS ADDED BY P.L.251-2023,
36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 2. (a) Before undertaking a flood damage
38 reduction, drainage, storm water management, recreation, or water
39 infrastructure public works project (or, if a watershed development
40 commission has water quality purposes under IC 14-30.5-3-1(b), a
41 water quality public works project) that:
42 (1) may be subject to regulation under:
2025 IN 1187—LS 6779/DI 153 32
1 (A) IC 14-26-5; or
2 (B) IC 14-28-1; or
3 (2) may require an individual permit under Section 404 of the
4 federal Clean Water Act (33 U.S.C. 1344);
5 a watershed development commission shall request a review of the
6 project through a written notification to the department's division of
7 water (referred to as "the division" in this section). The notification
8 may include a request to schedule an onsite field review of the project.
9 (b) If an onsite field review is requested under subsection (a), the
10 division, not more than fourteen (14) days after receiving the request,
11 shall contact:
12 (1) the county surveyor of each county that is a member of the
13 watershed development commission; and
14 (2) the department of environmental management;
15 to establish a date, time, and location for the onsite field review.
16 (c) An onsite field review requested under subsection (a) shall be
17 conducted by a team consisting of:
18 (1) one (1) or more representatives of each county that is a
19 member of the watershed development commission;
20 (2) one (1) or more representatives of the department including an
21 engineer from the division;
22 (3) one (1) or more representatives of the department of
23 environmental management; and
24 (4) representatives of the soil and water conservation district of
25 each county in which the project will be conducted.
26 (d) Not more than thirty (30) calendar days after the completion of
27 an onsite field review under this section, the division shall provide to
28 the watershed development commission and the county surveyor of
29 each county that is a member of the watershed development
30 commission a written summary of the onsite field review. The summary
31 must contain the following:
32 (1) A narrative and map defining the project location.
33 (2) A description of the work proposed for the project.
34 (3) A statement of:
35 (A) the conditions that the department would place on a permit
36 for the project to mitigate any unreasonable or detrimental
37 effects that may occur as a result of the proposed work;
38 (B) the conditions that the department of environmental
39 management would place on a certification for the project
40 under Section 401 of the federal Clean Water Act (33 U.S.C.
41 1341), if it is possible to ensure compliance with Section 401
42 by placing conditions on the certification; or
2025 IN 1187—LS 6779/DI 153 33
1 (C) both sets of conditions described in clauses (A) and (B).
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