Indiana § 14-30.5-6-2 Review of proposed public works project by division of water

Indiana Statutes

§ 14-30.5-6-2 — Review of proposed public works project by division of water

Indiana § 14-30.5-6-2

Art. 30.5WATERSHED DEVELOPMENT COMMISSIONS

Ch. 6Public Works Projects of a Watershed Development

This text of Indiana § 14-30.5-6-2 (Review of proposed public works project by division of water) 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.

Bluebook

Ind. Code § 14-30.5-6-2 (2026).

Text

(a)Before undertaking a flood damage reduction, drainage, storm water management, recreation, or water infrastructure public works project (or, if a watershed development commission has water quality purposes under IC 14-30.5-3-1(b) or IC 14-30.5-3.5-1(b), a water quality public works project) that:

(1)may be subject to regulation under:

(A)IC 14-26-5; or

(B)IC 14-28-1; or

(2)may require an individual permit under Section 404 of the federal Clean Water Act (33 U.S.C. 1344); a watershed development commission shall request a review of the project through a written notification to the department's division of water (referred to as "the division" in this section). The notification may include a request to schedule an onsite field review of the project.

(b)If an onsite field review is re

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(a) Before undertaking a flood damage
reduction, drainage, storm water management, recreation, or water
infrastructure public works project (or, if a watershed development
commission has water quality purposes under IC 14-30.5-3-1(b) or IC 14-30.5-3.5-1(b), a water quality public works project) that:
(1) may be subject to regulation under:
(A) IC 14-26-5; or
(B) IC 14-28-1; or
(2) may require an individual permit under Section 404 of the
federal Clean Water Act (33 U.S.C. 1344);
a watershed development commission shall request a review of the
project through a written notification to the department's division of
water (referred to as "the division" in this section). The notification
may include a request to schedule an onsite field review of the project.
(b) If an onsite field review is requested under subsection (a), the
division, not more than fourteen (14) days after receiving the request,
shall contact:
(1) the county surveyor of each county that is a member of the
watershed development commission; and
(2) the department of environmental management;
to establish a date, time, and location for the onsite field review.
(c) An onsite field review requested under subsection (a) shall be
conducted by a team consisting of:
(1) one (1) or more representatives of each county that is a
member of the watershed development commission;
(2) one (1) or more representatives of the department including an
engineer from the division;
(3) one (1) or more representatives of the department of
environmental management; and
(4) representatives of the soil and water conservation district of
each county in which the project will be conducted.
(d) Not more than thirty (30) calendar days after the completion of
an onsite field review under this section, the division shall provide to
the county surveyor of each county that is a member of the watershed
development commission and, if the watershed development
commission includes the Maumee River basin, the watershed
development commission a written summary of the onsite field review.
The summary must contain the following:
(1) A narrative and map defining the project location.
(2) A description of the work proposed for the project.
(3) A statement of:
(A) the conditions that the department would place on a permit
for the project to mitigate any unreasonable or detrimental
effects that may occur as a result of the proposed work;
(B) the conditions that the department of environmental
management would place on a certification for the project
under Section 401 of the federal Clean Water Act (33 U.S.C.
1341), if it is possible to ensure compliance with Section 401
by placing conditions on the certification; or
(C) both sets of conditions described in clauses (A) and (B).