(a)A county to which section 4 or 5 of this
chapter applies may not become a member of an existing watershed
development commission unless:
(1)the executives of all of the counties that are members of the
existing commission adopt ordinances accepting the county as a
member county of the existing commission; and
(2)the natural resources commission issues an order under this
section recognizing the county as a member county of the existing
commission.
(b)Before making a decision whether to recognize a county as a
member county of an existing commission under this section, the
natural resources commission shall hold at least one (1) public hearing
in the county concerning the proposed membership of the county in the
existing commission. Any interested person attending a public hearing
he
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(a) A county to which section 4 or 5 of this
chapter applies may not become a member of an existing watershed
development commission unless:
(1) the executives of all of the counties that are members of the
existing commission adopt ordinances accepting the county as a
member county of the existing commission; and
(2) the natural resources commission issues an order under this
section recognizing the county as a member county of the existing
commission.
(b) Before making a decision whether to recognize a county as a
member county of an existing commission under this section, the
natural resources commission shall hold at least one (1) public hearing
in the county concerning the proposed membership of the county in the
existing commission. Any interested person attending a public hearing
held under this subsection shall have the right to:
(1) address the natural resources commission; and
(2) provide written comments;
concerning the proposed membership of the county in the existing
commission. The natural resources commission may convene the
meeting, record the testimony given, and receive the written comments
provided.
(c) The natural resources commission shall give notice of a public
hearing to be held under subsection (b):
(1) by publication at least one (1) time in one (1) newspaper of
general circulation in the county in which the hearing will be
held; and
(2) through the website of the natural resources commission.
(d) In deciding whether to recognize a county to which section 4 or
5 of this chapter applies as a member of an existing commission, the
natural resources commission shall determine the answer to each of the
following questions:
(1) Do the stated purposes for which the watershed development
commission was established correspond to the flood damage
reduction, drainage, storm water management, recreation, or
water infrastructure needs of the county, as stated under section
4(b)(3) or 5(b)(3) of this chapter?
(2) Is it reasonable to expect that the county's flood damage
reduction, drainage, storm water management, recreation, or
water infrastructure needs, as stated under section 4(b)(3) or
5(b)(3) of this chapter, would be addressed more effectively if the
county were a member of the existing commission than those
needs have previously been addressed?
(3) Would the county's membership in the existing commission
diminish the effectiveness of the existing watershed development
commission in addressing the flood damage reduction, drainage,
storm water management, recreation, or water infrastructure
needs of other member counties?
(4) Is the territory of the proposed commission at least as large as
the entirety of the same eight (8) digit U.S. Geological Survey
hydrologic unit code?
(5) Has a regional watershed study or watershed management
plan been conducted in consultation with Indiana finance
authority and the department of natural resources that assesses
water use, water quality, drinking water systems, wastewater
management systems, storm water management, flood control,
drainage management, recreational uses, natural resources, and
water infrastructure needs of the watershed of the proposed
commission? If so, can the establishment of the proposed
commission be expected to address the needs identified in that
study or management plan?
(e) If the natural resources commission answers all of the questions
set forth in subsection (d) favorably, the natural resources commission
shall issue an order recognizing the membership of the county in the
existing commission.
(f) If the natural resources commission does not answer all of the
questions set forth in subsection (d) favorably, the natural resources
commission shall inform the executive of the county to which section
4 or 5 of this chapter applies in writing of its decision and specify in the
writing the reason or reasons for each unfavorable answer.
(g) An action of the natural resources commission under this section
declining to recognize a county as a member of an established
watershed development commission does not preclude the later
submission of another ordinance under section 4 or 5 of this chapter
seeking membership for the county in an existing commission.