§ 14-30.5-3-1 — Potential purposes for establishment of watershed development commission

Indiana § 14-30.5-3-1

• Jurisdiction: Indiana
• Art. 30.5: WATERSHED DEVELOPMENT COMMISSIONS
• Ch. 3: Purposes, Powers, and Duties of a Watershed

Text

(a) The flood damage reduction, drainage,
storm water management, recreation, and water infrastructure purposes
for which a watershed development commission may be established
include the following:
(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) Construction of levees.
(H) Bridge and structure removal and replacement.
(2) Taking and promoting action to enhance drainage in ways
consistent with storm water management requirements.
(3) Taking and promoting action to address water infrastructure
needs related to flood damage reduction, storm water
management, recreation, and drainage.
(4) Setting voluntary water quality goals.
(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 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.

Legislative History

As added by P.L.251-2023, SEC.13.