Indiana § 14-13-9-18 Plan for flood control and drainage; exclusive authority; emergency

Indiana Statutes

§ 14-13-9-18 — Plan for flood control and drainage; exclusive authority; emergency

Indiana·Art. 13 LOCAL RESOURCE DEVELOPMENT·Ch. 9 Kankakee River Basin and Yellow River Basin

(a)The commission:

(1)shall develop a plan regarding flood control and drainage within the basin;

(2)shall, after June 30, 2019, have exclusive authority to implement drainage and flood control activities within the channels of the Kankakee River and the Yellow River and within the area extending seventy-five (75) feet from the top of each bank of each river;

(3)may participate in the flood control program established under IC 5-1.2-13; and

(4)may acquire interests in land, including easements, for the commission's use in:

(A)providing flood storage; and

(B)the construction of levees and other flood control improvements.

(b)The commission's exclusive authority to implement drainage and flood control activities under subsection (a)(2) includes the authority to do the following:

(1)

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(a) The commission:
(1) shall develop a plan regarding flood control and drainage
within the basin;
(2) shall, after June 30, 2019, have exclusive authority to
implement drainage and flood control activities within the
channels of the Kankakee River and the Yellow River and within
the area extending seventy-five (75) feet from the top of each
bank of each river;
(3) may participate in the flood control program established under
IC 5-1.2-13; and
(4) may acquire interests in land, including easements, for the
commission's use in:
(A) providing flood storage; and
(B) the construction of levees and other flood control
improvements.
(b) The commission's exclusive authority to implement drainage and
flood control activities under subsection (a)(2) includes the authority
to do the following:
(1) Bank stabilization.
(2) Tree removal.
(3) The construction and operation of sand traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) Acquire, construct, and maintain access roads to levees and
the channel of each river.
(7) Other actions considered necessary by the commission to
carry out this chapter.
(c) A county must first obtain authorization of the commission
before performing any work within the area described in subsection
(a)(2), unless the county must perform the work in response to an
emergency.

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