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First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1126
AN ACT to amend the Indiana Code concerning natural and cultural
resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-30-2-25, AS ADDED BY P.L.251-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 25. (a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth
the flood damage reduction, drainage, storm water
management, or soil and water conservation purposes for
which the proposed watershed development commission
would be established, the information required by
IC 14-30.5-2-1(b), including, and, for the purposes of
IC 14-30.5-2-0.5, the designated watershed within which the
proposed watershed development commission would exercise
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its powers; and
(2) a majority of the voting members of the commission must vote
in favor of the transformation of the commission into a watershed
development commission in accordance with the ordinances
adopted under subdivision (1)(B) and the provisions of this
section.
(c) For the county executive of a participating county to approve a
proposal described in subsection (a) under subsection (b)(1)(A), at
least two (2) of the three (3) members of the county executive must
vote in favor of the proposal.
(d) If a member of the county executive of a participating county has
designated another individual under section 10 of this chapter to
perform the member's duties on the commission, the individual
designated to perform the duties of the member of the county executive
may vote under subsection (b)(2) on the proposal described in
subsection (a).
(e) If the county executives of all participating counties approve a
proposal described in subsection (a) under subsection (b)(1)(A) and
adopt substantively identical ordinances under subsection (b)(1)(B), a
majority of the voting members of the commission vote in favor of the
transformation of the commission into a watershed development
commission under subsection (b)(2), and the natural resources
commission approves the transformation of the commission into a
watershed development commission with the purposes set forth in the
ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission
and the department of the approval of the proposal.
(2) The officers of the commission elected under section 11 of
this chapter shall take the actions necessary and appropriate to the
transformation of the commission from a river basin commission
subject to this chapter into a watershed development commission
subject to IC 14-30.5.
(3) The board of the watershed development commission consists
of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the
commission.
(C) An individual other than the county surveyor representing
each county participating in the commission, appointed by the
county executive. A member of the county executive from
each county participating in the commission or the
member's designee.
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(D) Either:
(i) one (1) individual appointed to represent each second
class city that is located in a participating county and within
the Maumee River basin; or
(ii) if a participating county does not include a second class
city that is located within the Maumee River basin, one (1)
individual appointed to represent the municipality that has
the largest population of all municipalities that are located
in the participating county and within the Maumee River
basin.
An individual appointed to represent a second class city under
item (i) shall be appointed by the board of storm water
management (as described in IC 8-1.5-5-4) of the second class
city or, if the second class city has no board of storm water
management, by the executive of the second class city. An
individual appointed under item (ii) to represent the
municipality that has the largest population of all
municipalities that are located in the participating county and
within the Maumee River basin shall be appointed by the
board of storm water management (as described in
IC 8-1.5-5-4) of the municipality or, if the municipality has no
board of storm water management, by the executive of the
municipality.
(D) One (1) individual to represent each second class city
that is located in a participating county and within the
Maumee River basin, appointed by:
(i) the board of storm water management (as described
in IC 8-1.5-5-4) of the second class city; or
(ii) if the second class city has no board of storm water
management, the executive of the second class city.
(E) A member of the county soil and water conservation
district board from each participating county within the
Maumee River basin or the member's designee.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the
commission into a watershed development commission subject
to IC 14-30.5; and
(B) when the board of the watershed development commission
is formed, shall assume the position on the board of the
watershed development commission specified in
IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(1)(A).
(5) The watershed development commission board may not meet
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until the natural resources commission has given the approval
referred to in this subsection. Upon the convening of the first
meeting under IC 14-30.5-4 of the board of the watershed
development commission:
(A) the Maumee River basin commission ceases to exist as a
separate municipal corporation under this chapter;
(B) the Maumee watershed development commission is
established as a public body corporate and politic under
IC 14-30.5;
(C) the participating counties of the Maumee River basin
commission become member counties of the Maumee
watershed development commission under IC 14-30.5; and
(D) each participating county of the Maumee River basin
commission is authorized to appoint an individual a member
of the county executive or the member's designee under
IC 14-30.5-4-1 to represent the county on the board of the
Maumee watershed development commission.
(f) If established under this section, the Maumee watershed
development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former Maumee River basin commission.
(g) If established under this section, the Maumee watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas of
the watershed of the Maumee River and the tributaries of the Maumee
River that are within the boundaries of the member counties of the
Maumee watershed development commission. For the purposes of
IC 14-30.5, the areas of the watershed of the Maumee River and the
tributaries of the Maumee River that are within the boundaries of the
member counties of the Maumee watershed development commission
comprise the designated watershed of the Maumee watershed
development commission.
(h) If the Maumee watershed development commission is
established under this section, the board of the Maumee watershed
development commission shall appoint an executive director under
IC 14-30.5-4-2(e). An individual who was executive director of the
Maumee River basin commission may be appointed executive director
of the Maumee watershed development commission under this
subsection.
(i) If the Maumee watershed development commission is established
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under this section, all property, records, and funds of the former
Maumee River basin commission:
(1) become property, records, and funds of the Maumee
watershed development commission; and
(2) shall be transmitted to the Maumee watershed development
commission not more than sixty (60) days after the appointment
of the executive director under subsection (h).
SECTION 2. IC 14-30-3-33, AS ADDED BY P.L.251-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 33. (a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth
the information required by IC 14-30.5-2-1(b), including, for
the purposes of IC 14-30.5-2-0.5, the designated watershed
within which the proposed watershed development
commission would exercise its powers; and
(2) a majority of the voting members of the commission must vote
in favor of the transformation of the commission into a watershed
development commission in accordance with the ordinances
adopted under subdivision (1)(B) and the provisions of this
section.
(c) For the county executive of a participating county to approve a
proposal described in subsection (a) under subsection (b)(1)(A), at
least two (2) of the three (3) members of the county executive must
vote in favor of the proposal.
(d) If a member of the county executive of a participating county has
designated another individual under section 8(2) of this chapter to fill
the member's position on the commission, the individual designated to
fill the member's position may vote under subsection (b)(2) on the
proposal described in subsection (a).
(e) If the county executives of all participating counties approve a
proposal described in subsection (a) under subsection (b)(1)(A) and
adopt substantively identical ordinances under subsection (b)(1)(B), a
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majority of the voting members of the commission vote in favor of the
transformation of the commission into a watershed development
commission under subsection (b)(2), and the natural resources
commission approves the transformation of the commission into a
watershed development commission with the purposes set forth in the
ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission
and the department of the approval of the proposal.
(2) The officers of the commission elected under section 11 of
this chapter shall take the actions necessary and appropriate to the
transformation of the commission from a river basin commission
subject to this chapter into a watershed development commission
subject to IC 14-30.5.
(3) The board of the watershed development commission consists
of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the
commission.
(C) An individual other than the county surveyor representing
each county participating in the commission, appointed by the
county executive.
(D) Either:
(i) one (1) individual appointed to represent each second
class city that is located in a participating county and within
the St. Joseph River basin; or
(ii) if a participating county does not include a second class
city that is located within the St. Joseph River basin, one (1)
individual appointed to represent the municipality that has
the largest population of all municipalities that are located
in the participating county and within the St. Joseph River
basin.
An individual appointed to represent a second class city under
item (i) shall be appointed by the board of storm water
management (as described in IC 8-1.5-5-4) of the second class
city or, if the second class city has no board of storm water
management, by the executive of the second class city. An
individual appointed under item (ii) to represent the
municipality that has the largest population of all
municipalities that are located in the participating county and
within the St. Joseph River basin shall be appointed by the
board of storm water management (as described in
IC 8-1.5-5-4) of the municipality or, if the municipality has no
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board of storm water management, by the executive of the
municipality.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the
commission into a watershed development commission subject
to IC 14-30.5; and
(B) when the board of the watershed development commission
is formed, shall assume the position on the board of the
watershed development commission specified in
IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(2)(A).
(5) The watershed development commission board may not meet
until the natural resources commission has given the approval
referred to in this subsection. Upon the convening of the first
meeting under IC 14-30.5-4 of the board of the watershed
development commission:
(A) the St. Joseph River basin commission ceases to exist as
a separate municipal corporation under this chapter;
(B) the St. Joseph watershed development commission is
established as a public body corporate and politic under
IC 14-30.5;
(C) the participating counties of the St. Joseph River basin
commission become member counties of the St. Joseph
watershed development commission under IC 14-30.5; and
(D) each participating county of the St. Joseph River basin
commission is authorized to appoint an individual described
in subdivision (3)(C) to represent the county on the board of
the St. Joseph watershed development commission.
(f) If established under this section, the St. Joseph watershed
development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former St. Joseph River basin commission.
(g) If established under this section, the St. Joseph watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas of
the watershed of the St. Joseph River and the tributaries of the St.
Joseph River that are within the boundaries of the member counties of
the St. Joseph watershed development commission. For the purposes
of IC 14-30.5, the areas of the watershed of the St. Joseph River and the
tributaries of the St. Joseph River that are within the boundaries of the
member counties of the St. Joseph watershed development commission
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comprise the designated watershed of the St. Joseph watershed
development commission.
(h) If the St. Joseph watershed development commission is
established under this section, the board of the St. Joseph watershed
development commission shall appoint an executive director under
IC 14-30.5-4-2(e). An individual who was executive director of the St.
Joseph River basin commission may be appointed executive director
of the St. Joseph watershed development commission under this
subsection.
(i) If the St. Joseph watershed development commission is
established under this section, the following apply:
(1) All property, records, and funds of the St. Joseph River basin
commission:
(A) become property, records, and funds of the St. Joseph
watershed development commission; and
(B) shall be transmitted to the St. Joseph watershed
development commission not more than sixty (60) days after
the appointment of the executive director under subsection (h).
(2) Any advisory committee appointed under section 13 of this
chapter is dissolved.
(3) The individuals serving as members of the St. Joseph River
basin commission under section 8 of this chapter become the
members of the advisory committee of the St. Joseph watershed
development commission. Upon the expiration under section 9 of
this chapter or other termination of the term of office of an
individual described in this subdivision, the office of the
individual shall be filled by a successor according to subdivision
(4).
(4) As provided in subdivision (3) and IC 14-30.5-4-5(c)(3), upon
the termination of the terms of office of all of the individuals who
become members of the advisory committee under subdivision
(3), the advisory committee of the St. Joseph watershed
development commission shall consist of the following members:
(A) From each participating county the following:
(i) The executive of each second class city that is located in
the participating county and within the St. Joseph River
basin, or the executive's designee.
(ii) If the county does not have a second class city that is
located within the St. Joseph River basin, the executive of
the municipality that has the largest population of all
municipalities that are located in the participating county
and within the St. Joseph River basin, or the executive's
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designee.
(B) A member of the county executive or the county
executive's designee from each participating county.
(C) The county health officer or the health officer's designee
from each participating county.
(D) The county surveyor of each participating county or the
county surveyor's designee.
(E) A representative of each soil and water conservation
district that:
(i) is subject to IC 14-32;
(ii) includes territory in a participating county; and
(iii) includes territory in the St. Joseph river basin.
(F) The director of the St. Joseph watershed development
commission or the director's designee.
SECTION 3. IC 14-30-4-20, AS ADDED BY P.L.251-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin
commission subject to this chapter into a watershed development
commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth
the information required by IC 14-30.5-2-1(b), including, for
the purposes of IC 14-30.5-2-0.5, the designated watershed
within which the proposed watershed development
commission would exercise its powers; and
(2) a majority of the voting members of the commission must vote
in favor of the transformation of the commission into a watershed
development commission in accordance with the ordinances
adopted under subdivision (1)(B) and the provisions of this
section.
(c) For the county executive of a participating county to approve a
proposal described in subsection (a) under subsection (b)(1)(A), at
least two (2) of the three (3) members of the county executive must
vote in favor of the proposal.
(d) If a member of the county executive of a participating county has
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designated another individual under section 9(a)(1) of this chapter to
perform the member's duties on the commission, the individual
designated to perform the member's duties may vote under subsection
(b)(2) on the proposal described in subsection (a).
(e) If the county executives of all participating counties approve a
proposal described in subsection (a) under subsection (b)(1)(A) and
adopt substantively identical ordinances under subsection (b)(1)(B), a
majority of the voting members of the commission vote in favor of the
transformation of the commission into a watershed development
commission under subsection (b)(2), and the natural resources
commission approves the transformation of the commission into a
watershed development commission with the purposes set forth in the
ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission
and the department of the approval of the proposal.
(2) The officers of the commission elected under section 10 of
this chapter shall take the actions necessary and appropriate to the
transformation of the commission from a river basin commission
subject to this chapter into a watershed development commission
subject to IC 14-30.5.
(3) The board of the watershed development commission consists
of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the
commission.
(C) An individual other than the county surveyor representing
each county participating in the commission, appointed by the
county executive.
(D) Either:
(i) one (1) individual appointed to represent each second
class city that is located in a participating county and within
the upper Wabash River basin; or
(ii) if a participating county does not include a second class
city that is located within the upper Wabash River basin, one
(1) individual appointed to represent the municipality that
has the largest population of all municipalities that are
located in the participating county and within the upper
Wabash River basin.
An individual appointed to represent a second class city under
item (i) shall be appointed by the board of storm water
management (as described in IC 8-1.5-5-4) of the second class
city or, if the second class city has no board of storm water
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management, by the executive of the second class city. An
individual appointed under item (ii) to represent the
municipality that has the largest population of all
municipalities that are located in the participating county and
within the upper Wabash River basin shall be appointed by the
board of storm water management (as described in
IC 8-1.5-5-4) of the municipality or, if the municipality has no
board of storm water management, by the executive of the
municipality.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the
commission into a watershed development commission subject
to IC 14-30.5; and
(B) when the board of the watershed development commission
is formed, shall assume the position on the board of the
watershed development commission specified in
IC 14-30.5-4-1(a)(1). IC 14-30.5-4-1(a)(2)(A).
(5) The watershed development commission board may not meet
until the natural resources commission has given the approval
referred to in this subsection. Upon the convening of the first
meeting under IC 14-30.5-4 of the board of the watershed
development commission:
(A) the Upper Wabash River basin commission ceases to exist
as a separate municipal corporation under this chapter;
(B) the Upper Wabash watershed development commission is
established as a public body corporate and politic under
IC 14-30.5;
(C) the participating counties of the Upper Wabash River
basin commission become member counties of the Upper
Wabash watershed development commission under
IC 14-30.5; and
(D) each participating county of the Upper Wabash River
basin commission is authorized to appoint an individual
described in subdivision (3)(C) to represent the county on the
board of the Upper Wabash watershed development
commission.
(f) If established under this section, the Upper Wabash watershed
development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former Upper Wabash River basin commission.
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(g) If established under this section, the Upper Wabash watershed
development commission has all of the powers and duties of a
watershed development commission under IC 14-30.5 in the areas of
the watershed of the Wabash River and the tributaries of the Wabash
River that are within the boundaries of the member counties of the
Upper Wabash watershed development commission. For the purposes
of IC 14-30.5, the areas of the watershed of the Wabash River and the
tributaries of the Wabash River that are within the boundaries of the
member counties of the Upper Wabash watershed development
commission comprise the designated watershed of the Upper Wabash
watershed development commission.
(h) If the Upper Wabash watershed development commission is
established under this section, the board of the Upper Wabash
watershed development commission shall appoint an executive director
under IC 14-30.5-4-2(e). An individual who was executive director of
the Upper Wabash River basin commission may be appointed
executive director of the Upper Wabash watershed development
commission under this subsection.
(i) If the Upper Wabash watershed development commission is
established under this section, all property, records, and funds of the
former Upper Wabash River basin commission:
(1) become property, records, and funds of the Upper Wabash
watershed development commission; and
(2) shall be transmitted to the Upper Wabash watershed
development commission not more than sixty (60) days after the
appointment of the executive director under subsection (h).
SECTION 4. IC 14-30.5-3-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.5. This chapter does not apply
to a watershed development commission that includes the Maumee
River basin.
SECTION 5. IC 14-30.5-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 3.5. Purposes, Powers, and Duties of the Maumee River
Basin Watershed Development Commission
Sec. 0.5. This chapter applies to a watershed development
commission that includes the Maumee River basin.
Sec. 1. (a) The flood damage reduction, drainage, storm water
management, and soil and water conservation purposes for which
a watershed development commission may be established include
the following:
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(1) Planning, taking, and promoting action to prevent or
mitigate flooding through generally accepted structural and
nonstructural means, including the following:
(A) Bank stabilization.
(B) Expansion of water storage capacity.
(C) Erosion control.
(D) Sediment reduction.
(E) Logjam management.
(F) Selective construction, maintenance, and removal of
berms.
(G) Nutrient management.
(H) Water quality monitoring.
(2) Taking and promoting action to enhance drainage in ways
consistent with storm water management requirements.
(3) Taking and promoting action to address soil and water
conservation needs related to flood damage reduction, storm
water management, and drainage.
(4) Setting voluntary water quality goals.
(5) Taking and promoting action to address the impounding
of increased water runoff resulting from new construction.
(b) Subject to subsection (c), the purposes for which a watershed
development commission may be established, in addition to those
set forth in subsection (a), may include one (1) or more purposes
related to water quality within the boundaries of the designated
watershed, such as:
(1) reducing the runoff of nutrients and soil into streams and
bodies of water by promoting the use of improved ditch design
and the reestablishment of strategically located wetlands; and
(2) reducing ground water contamination by promoting the
use of improved septic system technology.
However, a water quality purpose, goal, or project does not convey
water quality regulatory authority to a watershed development
commission.
(c) A watershed development commission may not have a
purpose described in subsection (b) unless:
(1) the board of the commission, in addition to developing a
flood damage reduction and drainage plan under section 4 of
this chapter, develops a water quality improvement plan that:
(A) describes water quality problems within the
boundaries of the designated watershed; and
(B) proposes one (1) or more actions that the watershed
development commission could take to address those
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problems;
(2) the board of the watershed development commission
submits the water quality improvement plan to the natural
resources commission; and
(3) the natural resources commission, after:
(A) determining whether the water quality problems
described in the water quality improvement plan truly
exist within the boundaries of the watershed development
commission's designated watershed; and
(B) considering whether it is likely that the efforts of the
watershed development commission would be a practically
effective and cost effective means of addressing the water
quality problems;
approves the commission's water quality improvement plan.
Sec. 2. A watershed development commission is granted powers
by this chapter for the benefit of the people of Indiana and for
protecting their health, safety, and welfare. The operation,
creation, development, and maintenance of the projects by a
watershed development commission constitute the performance of
essential governmental functions.
Sec. 3. A watershed development commission shall limit its
activities to the commission's designated watershed.
Sec. 4. (a) The board of a watershed development commission
shall develop a plan for flood damage reduction and drainage
within the commission's designated watershed.
(b) A watershed development commission:
(1) subject to subsection (f), has authority to perform
drainage, storm water management, flood damage reduction,
and soil and water conservation activities within the
designated watershed;
(2) may participate in the flood control program established
under IC 5-1.2-13; and
(3) may acquire interests in land, including easements, for the
commission's use in:
(A) providing flood storage; and
(B) the construction of low profile berms and other flood
damage reduction improvements.
(c) The drainage, storm water management, flood damage
reduction, and soil and water conservation activities that a
watershed development commission has authority to perform
under subsection (b)(1) include the following:
(1) Bank stabilization.
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(2) Tree removal.
(3) Construction and operation of sediment traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) Two-stage ditch construction.
(7) Installation of best management practices (as described in
the local Natural Resources Conservation Service Field Office
Technical Guide as of July 1, 2025, and any amendments
thereto), including:
(A) blind tile inlets;
(B) cover crops;
(C) grass buffer or filter strips;
(D) regional detention ponds;
(E) tile inlet buffers;
(F) nutrient management;
(G) edge of field bioreactors;
(H) riparian buffers; and
(I) wetland restoration.
(8) The acquisition, construction, and maintenance of access
roads to levees and the channel of a river to which subsection
(b)(1) applies.
(9) Other actions that the board of the watershed development
commission reasonably considers necessary to carry out this
chapter.
(d) Subject to subsection (f), a county must obtain the
authorization of the board of the watershed development
commission before performing any:
(1) construction work; or
(2) drainage or flood damage reduction activities;
within the area described in subsection (b)(1) unless the work must
be performed in response to an emergency.
(e) Subsection (f) applies if a governmental entity other than the
watershed development commission has authority:
(1) to perform one (1) or more activities set forth in subsection
(c) within any part of the watershed development
commission's designated watershed; and
(2) to collect a tax or an assessment or to impose another duty
of financial contribution upon the owners of property located
in any part of the watershed development commission's
designated watershed.
(f) The board of a watershed development commission may
enter into an interlocal cooperation agreement under IC 36-1-7
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with a governmental entity described in subsection (e):
(1) under which:
(A) the watershed development commission will perform,
and the other governmental entity will relinquish its
authority to perform, the activity or activities set forth in
subsection (c) within the watershed development
commission's designated watershed; and
(B) the governmental entity will cease collecting the tax or
assessment or imposing the other duty of financial
contribution described in subsection (e)(2) for performing
the activity or activities set forth in subsection (c) within
the watershed development commission's designated
watershed; or
(2) under which:
(A) the governmental entity will continue to perform, and
the watershed development commission will relinquish its
authority to perform, the activity or activities set forth in
subsection (c) within the part of the watershed
development commission's designated watershed in which
the governmental entity performs those activities;
(B) the governmental entity will continue collecting the tax
or assessment or imposing the other duty of financial
contribution described in subsection (e)(2) in the part of
the watershed development commission's designated
watershed in which the governmental entity performs the
activity or activities set forth in subsection (c); and
(C) the watershed development commission will:
(i) relinquish its authority to receive; or
(ii) appropriately reduce;
the annual special assessments or support by optional
methods to which the watershed development commission
is otherwise entitled under IC 14-30.5-5 with respect to
taxable parcels of real property located in the part of the
watershed development commission's designated
watershed in which the governmental entity performs the
activity or activities set forth in subsection (c).
Sec. 5. The board of a watershed development commission may
do the following:
(1) Conduct all studies necessary for the performance of the
board's duties.
(2) Publicize, advertise, and distribute reports on the
commission's purposes, objectives, and findings.
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(3) Provide recommendations in matters related to the
commission's functions and objectives to:
(A) a political subdivision located in the designated
watershed; or
(B) any public or private agency;
upon request from the political subdivision or agency.
(4) Upon request, act as a coordinating agency for programs
and activities of other public and private agencies that are
related to the commission's objectives.
Sec. 6. (a) A watershed development commission may receive
grants and appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) A watershed development commission may enter into
agreements or contracts regarding the acceptance or use of grants
and appropriations for the purpose of carrying out the
commission's activities under this chapter.
(c) A watershed development commission must expend money
appropriated to the commission for the purpose for which the
money is appropriated.
Sec. 7. (a) A watershed development commission may:
(1) acquire and dispose of real or personal property by grant,
gift, purchase, lease, devise, or otherwise;
(2) hold, use, improve, maintain, operate, own, manage, or
lease as lessor or lessee real or personal property or any
interest in that property;
(3) acquire by grant, gift, purchase, or devise an improvement
within a five hundred (500) year flood plain, also known as a
two-tenths of one percent (0.2%) annual chance of occurrence
flood plain, in the commission's designated watershed for the
purpose of removal of those improvements; and
(4) adopt rules under IC 4-22-2 that restrict construction
within a one hundred (100) year flood plain, also known as a
one percent (1%) annual chance of occurrence flood plain, in
the commission's designated watershed;
for the purposes set forth in this chapter.
(b) A watershed development commission may exercise the
powers granted by this section as follows:
(1) For the development of the water resources of the
commission's designated watershed.
(2) For the purposes of IC 32-23-5.
(3) To contribute to the following:
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(A) Flood control or mitigation.
(B) Flood damage reduction.
(C) Water quality.
(D) Soil conservation.
Sec. 8. A watershed development commission may sue and be
sued.
Sec. 9. (a) A watershed development commission, with the
approval of:
(1) the affected regional planning commission established
under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are
responsible for the planning or development of flood damage
reduction and drainage measures in the part of the commission's
designated watershed that is located in the other state.
(b) If a watershed development commission has water quality
purposes under section 1(b) of this chapter, the commission, with
the approval of:
(1) the affected regional planning commission established
under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are
responsible for water quality in the part of the commission's
designated watershed that is located in the other state. However,
an agreement under this subsection does not convey water quality
regulatory authority to a watershed development commission.
Sec. 10. (a) A watershed development commission, the board of
the commission, an employee of the commission, or authorized
representatives of the commission acting under this chapter may:
(1) enter land lying within a five hundred (500) year flood
plain, also known as a two-tenths of one percent (0.2%)
annual chance of occurrence flood plain, in the commission's
designated watershed; and
(2) enter other land to gain access to the land described in
subdivision (1);
to investigate, examine, and survey the land or investigate
suspected violations of the Indiana flood control laws.
(b) Before exercising any of the powers conferred in subsection
(a), the commission must give twenty-one (21) days oral or written
notice:
(1) to:
(A) an affected landowner;
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(B) a contract purchaser; or
(C) if the land is owned by a municipality, the executive of
the municipality; and
(2) that states:
(A) the purpose of the entry; and
(B) that there is a right of appeal under this section.
(c) A person described in subsection (b)(1) 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 subsection (a) must use due care to
avoid damage to crops, fences, buildings, or other structures.
(e) A person listed in subsection (a) acting under this chapter
does not commit criminal trespass under IC 35-43-2-2.
SECTION 6. IC 14-30.5-4-1, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The board of a watershed development
commission consists of the following individuals:
(1) If the designated watershed includes the Maumee River
basin the following:
(A) The director of the department or the director's
designee.
(B) The county surveyor of each county that:
(i) is a member of the commission; and
(ii) is entitled to membership on the board.
(C) A member of the county executive from each county
that:
(i) is a member of the commission; and
(ii) is entitled to membership on the board;
or the member's designee.
(D) One (1) individual who represents each second class
city that is located in a participating county and within the
basin, appointed by:
(i) the board of storm water management (as described
in IC 8-1.5-5-4) of the second class city; or
(ii) if the second class city has no board of storm water
management, the executive of the second class city.
(E) A member of the county soil and water conservation
district board from each participating county within the
basin or the member's designee.
(2) If the designated watershed does not include a basin
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described in subdivision (1), the following:
(A) The director of the department or the director's designee.
(2) (B) The county surveyor of each county that:
(A) (i) is a member of the commission; and
(B) (ii) is entitled to membership on the board.
(3) (C) An individual other than the county surveyor
representing each county that:
(A) (i) is a member of the commission; and
(B) (ii) is entitled to membership on the board;
appointed by the county executive.
(4) (D) Either:
(A) (i) one (1) individual appointed to represent each second
class city that is located in a participating county and within
the designated watershed of the watershed development
commission; basin; or
(B) (ii) if a participating county does not include a second
class city that is located within the designated watershed of
the watershed development commission, basin, one (1)
individual appointed to represent the municipality that has
the largest population of all municipalities that are located
in the participating county and within the designated
watershed of the watershed development commission.
basin.
An individual appointed to represent a second class city under
clause (A) item (i) shall be appointed by the board of storm
water management (as described in IC 8-1.5-5-4) of the second
class city or, if the second class city has no board of storm
water management, by the executive of the second class city.
An individual appointed under clause (B) item (ii) to represent
the municipality that has the largest population of all
municipalities that are located in the participating county and
within the designated watershed of the watershed development
commission basin shall be appointed by the board of storm
water management (as described in IC 8-1.5-5-4) of the
municipality or, if the municipality has no board of storm
water management, by the executive of the municipality.
All of the members of the board of a commission to which this
subsection applies are voting members.
(b) The executive of a county described in subsection (a)(3)
(a)(2)(C) shall appoint the individual to represent the county on the
board of the commission under subsection (a)(3). (a)(2)(C). However,
if the position of an individual appointed under subsection (a)(3)
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(a)(2)(C) becomes vacant, the county surveyor of the county shall
represent the county on the board under subsection (a)(3) (a)(2)(C)
until a new appointment is made by the county executive under
subsection (a)(3). (a)(2)(C). The executive of a county described in
subsection (a)(1)(C) may appoint an individual as a designee to
represent the county on the board of the commission under
subsection (a)(1)(C). However, if the position of an individual
appointed under subsection (a)(1)(C) becomes vacant, the county
surveyor of the county shall represent the county on the board
under subsection (a)(1)(C) until a new appointment is made by the
county executive under subsection (a)(1)(C).
(c) An individual appointed or designated to represent a county on
the board of a watershed development commission under subsection
(a)(3): (a)(1)(C) or (a)(2)(C):
(1) must have a background in construction, project management,
flood damage reduction, drainage, or a similar professional
background; and
(2) must reside in the county.
(d) The term of office of an individual appointed or designated
under subsection (a)(3): (a)(1)(C) or (a)(2)(C):
(1) is four (4) years; and
(2) continues until the individual's successor is appointed.
(e) An individual appointed under subsection (a)(2) (a)(1)(B) or
(a)(2)(B) is eligible for reappointment.
SECTION 7. IC 14-30.5-5-2, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Before January 1 of a calendar year in which
an annual special assessment will be imposed under section 1(b) of this
chapter or the watershed development commission will be supported
through another method under section 1(d) of this chapter, the board of
the watershed development commission must hold at least two (2)
public informational meetings in each county that is a member of the
watershed development commission concerning:
(1) the nature and details of the special assessment imposed under
section 1(b) or 1(c) of this chapter or the support provided under
section 1(d) of this chapter; and
(2) a description of:
(A) the flood damage reduction projects;
(B) the administrative needs; and
(C) if the watershed district has water quality purposes under
IC 14-30.5-3-1(b) or IC 14-30.5-3.5-1(b), the water quality
projects and actions;
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for which the revenue generated from the annual special
assessment imposed under section 1(b) or 1(c) of this chapter or
the support provided under section 1(d) of this chapter will be
used.
(b) A majority of the members of the board of the watershed
development commission, including the executive director of the board
and the member or members of the board who were appointed from the
county in which the meeting is being held, must be present for a
meeting held under subsection (a).
SECTION 8. IC 14-30.5-5-6, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A watershed development commission shall
deposit special assessments received under section 3 of this chapter
into a segregated account maintained by the commission. Except as
provided in subsection (b), special assessments deposited into the
account may not be transferred into other accounts belonging to the
commission. Money in the account may be used only for the following
purposes:
(1) To pay expenses directly related to the acquisition,
construction, or improvement of real property, a facility, a
betterment, or an improvement constituting part of a project of the
commission, including acquisition of the site for a project.
(2) To pay expenses directly related to the operation, repair, and
maintenance of flood protection systems within the commission's
designated watershed.
(3) To pay the annual installment and interest on a loan or other
financial assistance received by the commission under
IC 5-1.2-13.
(4) To pay:
(A) the compensation of:
(i) the executive director of the commission appointed under
IC 14-30.5-4-2(e)(1); and
(ii) the individuals holding any other offices of the
commission established under IC 14-30.5-4-2(e)(2); and
(B) other administrative expenses of the commission.
(5) If the watershed development commission includes the
Maumee River basin, to pay for expenses directly related to
the installation of best management practices (as described in
the local Natural Resources Conservation Service Field Office
Technical Guide as of July 1, 2025, and any amendments
thereto) within the commission's designated watershed.
(6) If the watershed development commission includes the
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Maumee River basin, to grant funds to another governmental
entity for the purpose of installing best management practices
(as described in the local Natural Resources Conservation
Service Field Office Technical Guide as of July 1, 2025, and
any amendments thereto) in the commission's designated
watershed to reduce erosion and storm water runoff.
(7) If the watershed development commission includes the
Maumee River basin, to grant funds to a county drainage
board for projects that provide flood damage reduction or
water quality improvement benefits.
Money in the account may not be used for highway bridge repairs or
reconstruction.
(b) A watershed development commission that has:
(1) obtained easements from landowners; or
(2) entered into contracts with landowners;
allowing the use of land for flood storage purposes shall establish an
account for reimbursing the landowners for the use of their land for
flood storage. The account consists of money transferred from the
segregated account described in subsection (a). A commission may
transfer into the account established under this subsection amounts that
the board of the commission considers appropriate.
SECTION 9. IC 14-30.5-5-8, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) The board of a watershed development
commission shall do the following:
(1) If the watershed development commission includes the
Maumee River basin, prepare and adopt by majority vote an
annual budget for the commission which, to the extent
reasonably practical, allocates money as follows:
(A) Twenty-five percent (25%) of funds for flood
mitigation.
(B) Twenty-five percent (25%) of funds for structural
water quality best management practices (as described in
the local Natural Resources Conservation Service Field
Office Technical Guide as of July 1, 2025, and any
amendments thereto).
(C) Twenty-five percent (25%) of funds for nonstructural
water quality best management practices (as described in
the local Natural Resources Conservation Service Field
Office Technical Guide as of July 1, 2025, and any
amendments thereto).
(D) Five percent (5%) of funds for stream obstruction
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removal.
(E) Fifteen percent (15%) of funds for flood hazard
mitigation.
(F) Five percent (5%) of funds for flood warning systems.
(2) If the watershed development commission does not include
a basin described in subdivision (1), prepare and adopt by
majority vote an annual budget for the commission.
(2) (3) Submit the budget to each county, municipality, or agency
appropriating money for the use of the commission.
(b) After the board of a watershed development commission
approves an annual budget, the commission may expend money only
as budgeted unless:
(1) if subsection (a)(1) is applicable, at least seventy-five
percent (75%) of the board members present at a meeting
vote in favor of the expenditure; or
(2) if subsection (a)(2) is applicable, a majority vote of the board
of the commission authorizes votes in favor of the expenditure.
other than according to the budget.
Funds reallocated in accordance with subdivision (1) can be
deemed as a loan or a grant.
(c) Any appropriated amounts remaining unexpended or
unencumbered at the end of a year become part of a nonreverting
cumulative fund to be held in the name of the watershed development
commission. The board of a commission may authorize unbudgeted
expenditures from this fund by a majority vote of the board.
(d) A watershed development commission is responsible for the
safekeeping and deposit of money it receives under this chapter. The
state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of each watershed development
commission.
(e) The secretary-treasurer of the board of a watershed development
commission may receive, disburse, and handle money belonging to the
commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the board of the commission.
SECTION 10. IC 14-30.5-6-2, AS ADDED BY P.L.251-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Before undertaking a flood damage
reduction, drainage, storm water management, recreation, or water
infrastructure public works project (or, if a watershed development
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commission has water quality purposes under IC 14-30.5-3-1(b) or
IC 14-30.5-3.5-1(b), a water quality public works project) that:
(1) may be subject to regulation under:
(A) IC 14-26-5; or
(B) IC 14-28-1; or
(2) may require an individual permit under Section 404 of the
federal Clean Water Act (33 U.S.C. 1344);
a watershed development commission shall request a review of the
project through a written notification to the department's division of
water (referred to as "the division" in this section). The notification
may include a request to schedule an onsite field review of the project.
(b) If an onsite field review is requested under subsection (a), the
division, not more than fourteen (14) days after receiving the request,
shall contact:
(1) the county surveyor of each county that is a member of the
watershed development commission; and
(2) the department of environmental management;
to establish a date, time, and location for the onsite field review.
(c) An onsite field review requested under subsection (a) shall be
conducted by a team consisting of:
(1) one (1) or more representatives of each county that is a
member of the watershed development commission;
(2) one (1) or more representatives of the department including an
engineer from the division;
(3) one (1) or more representatives of the department of
environmental management; and
(4) representatives of the soil and water conservation district of
each county in which the project will be conducted.
(d) Not more than thirty (30) calendar days after the completion of
an onsite field review under this section, the division shall provide to
the county surveyor of each county that is a member of the watershed
development commission and, if the watershed development
commission includes the Maumee River basin, the watershed
development commission a written summary of the onsite field
review. The summary must contain the following:
(1) A narrative and map defining the project location.
(2) A description of the work proposed for the project.
(3) A statement of:
(A) the conditions that the department would place on a permit
for the project to mitigate any unreasonable or detrimental
effects that may occur as a result of the proposed work;
(B) the conditions that the department of environmental
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management would place on a certification for the project
under Section 401 of the federal Clean Water Act (33 U.S.C.
1341), if it is possible to ensure compliance with Section 401
by placing conditions on the certification; or
(C) both sets of conditions described in clauses (A) and (B).
HEA 1126
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1126Every fact on this page links to its source, starting with the official bill record.