This text of Indiana § 14-30.5-3-4 (Flood damage reduction and drainage; plan and activities; potential
coordination with another governmental entity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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 exclusive authority to perform
drainage and flood damage reduction activities within the channel
of:
(A)the river that is the surface water outlet of the commission's
designated watershed; or
(B)each river that flows directly into the surface water outlet,
if the surface water outlet of the commission's designated
watershed is a lake or impoundment;
and within the area extending seventy-five (75) feet from the top
of each bank of the river;
(2)may participate in the flood control program established under
IC 5-1.2-13; and
(3)may acquire interests in land,
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(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 exclusive authority to perform
drainage and flood damage reduction activities within the channel
of:
(A) the river that is the surface water outlet of the commission's
designated watershed; or
(B) each river that flows directly into the surface water outlet,
if the surface water outlet of the commission's designated
watershed is a lake or impoundment;
and within the area extending seventy-five (75) feet from the top
of each bank of the river;
(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 levees and other flood damage reduction
improvements.
(c) The drainage and flood damage reduction activities that a
watershed development commission has exclusive authority to perform
under subsection (b)(1) include the following:
(1) Bank stabilization.
(2) Tree removal.
(3) Construction and operation of sand traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) The acquisition, construction, and maintenance of access
roads to levees and the channel of a river to which subsection
(b)(1) applies.
(7) 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 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).