§ 14-30.5-5-1 — Annual special assessments imposed within designated watershed; maximum amounts or lower amounts; alternative methods of financial support

Indiana § 14-30.5-5-1

• Jurisdiction: Indiana
• Art. 30.5: WATERSHED DEVELOPMENT COMMISSIONS
• Ch. 5: Funding of a Watershed Development Commission

Text

(a) A watershed development commission is
authorized to provide special benefits to taxpayers in the designated
watershed by promoting public safety and economic development that
is of public use and benefit through public funds provided by:
(1) the fiscal bodies of the Indiana counties that are members of
the watershed development commission; and
(2) the special assessments that may be imposed under subsection
(b) or the optional methods of supporting the watershed
development commission as set forth in subsection (d).
(b) Except as provided in subsections (c) and (d), a watershed
development commission may impose in the designated watershed in
each calendar year an annual special assessment against each taxable
parcel of real property that is located in the county and within any part
of the commission's designated watershed, as follows:
(1) For a residential parcel of real property, seven dollars ($7).
(2) For an agricultural parcel of real property, the product of:
(A) one dollar ($1); multiplied by
(B) the number of acres in the parcel.
(3) For a commercial parcel of real property on which no
structures are situated, the product of:
(A) two dollars ($2); multiplied by
(B) the number of acres in the parcel.
(4) For a commercial parcel of real property on which at least one
(1) structure is situated, fifty dollars ($50).
(5) For an industrial or public utility parcel of real property, three
hundred sixty dollars ($360).
(c) The amounts of the special assessment set forth in subsection (b)
are maximum amounts. The annual special assessment that may be
imposed in a calendar year against each taxable parcel of real property
that is located in the county and within the watershed development
commission's designated watershed may be set by the board of the
watershed development commission at amounts lower than those set
forth in subsection (b). If the board of a commission determines that the
anticipated financial needs of the commission in the approaching
calendar year do not require the full amount of revenue that would be
generated by the special assessment at the amounts set forth in
subsection (b), the board, before the first of the public informational
meetings held under section 2 of this chapter, may adopt a resolution
providing that the special assessment for the approaching calendar year
for each class of property described in subsection (b)(1) through (b)(5)
will be equal to the amount set forth in subsection (b)(1) through (b)(5)
for the class of property, reduced by a percentage determined by the
board. The same percentage shall be used to reduce all of the
assessment amounts set forth in subsection (b)(1) through (b)(5). The
board shall set the reduction percentage so as to produce revenue
expected to be sufficient to meet the anticipated financial needs of the
watershed development commission in the approaching calendar year.
(d) The taxable parcels of real property located in a county are not
subject to the special assessment imposed by subsection (b) or (c) if the
fiscal body of the county adopts a resolution opting to implement one
(1) of the following methods of supporting the watershed development
commission:
(1) The county may pay direct support to the watershed
development commission from any resources available to the
county. Direct support paid under this subdivision in a calendar
year must equal at least ninety percent (90%) of the total amount
that would otherwise be due in the annual special assessment
against taxable parcels of real property in the county under
subsection (b) or (c).
(2) The county may:
(A) impose a special assessment against one (1) or more of the
classes of property to which subsection (b)(1) through (b)(5)
would otherwise apply that is less than the special assessment
that would otherwise apply to the class or classes of property
under subsection (b) or (c);
(B) consider the factors listed in IC 36-9-27-112(a) in preparing
the allocation of special assessments under clause (A) to be
imposed on each property within a class of property to which
subsection (b)(1) through (b)(5) would otherwise apply, and use
any methods authorized by IC 36-9-27-112(b) to make
determinations related to those factors; and
(C) supplement the special assessments imposed under clause
(A) by paying direct support to the watershed development
commission from any resources available to the county;
if the total of the special assessment imposed under clause (A)
and the direct support paid under clause (C) in a calendar year at
least equals the total amount that would otherwise be due in the
annual special assessment against taxable parcels of real property
in the county under subsection (b) or (c).
(3) The county may impose a schedule of special assessments
under which:
(A) a special assessment for one (1) or more of the classes of
property described in subsection (b)(1) through (b)(5) is greater
than the special assessment that would otherwise apply to the
class or classes of property under subsection (b) or (c);
(B) the county may consider the factors listed in IC 36-9-27-112(a) in preparing the allocation of special
assessments under clause (A) to be imposed on each property
within a class of property to which subsection (b)(1) through
(b)(5) would otherwise apply, and use any methods authorized
by IC 36-9-27-112(b) to make determinations related to those
factors; and
(C) the total amount of revenue in the calendar year from the
special assessment imposed under clause (A) is greater than the
total amount of revenue that would otherwise be produced by
the annual special assessment against taxable parcels of real
property in the county under subsection (b) or (c).
(e) Payments of direct support under subsection (d)(1) are due at the
same time that special assessments would otherwise be paid to the
watershed development commission under section 3(e) of this chapter.

Legislative History

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