Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 18. Notwithstanding the percent of benefit assessment determined by a levee committee under Acts 1907, c.223, s.8 1/2, as added by Acts 1941, c.159, s.1, as amended, and as preserved from repeal under certain circumstances by section 19 of this chapter, the minimum annual am…

Sec. 19. A levee district or association that was created under a statute that was repealed by IC 19-3-2-106 (recodified as IC 13-2-19.5-9 before its repeal, and later recodified as this section): (1) is not affected by the repeal; (2) except as provided in subdivision (3), may c…

Sec. 2. (a) All laborers and other persons who perform a service or furnish materials in the construction of the work under this chapter have a lien upon the fund raised for the construction of the work. Upon notice in writing filed with the county treasurer of the amount due and…

Sec. 3. If money remains after the payment of the cost of the construction of the work and expenses connected with the work, the money shall be distributed, pro rata, according to the amount paid by the owners of the land and the corporations assessed for the work. [Pre-1995 Reco…

Sec. 4. The collection of assessments is not defeated by reason of a defect in the proceeding occurring before the judgment of the court approving and confirming the assessment of benefits and damages and ordering the work established if the court had jurisdiction. The judgment i…

Sec. 5. (a) If it appears that the assessment of benefits is insufficient to complete the work and pay expenses in connection with the work, the superintendent of construction may file a petition asking the court for an additional assessment. Five (5) days notice of the filing of…

Sec. 6. (a) The superintendent of construction or a person interested in the work may also file with the court a supplemental petition showing that land not assessed for benefits or damages is affected by the work whether or not the land is described in the petition or in either …

Sec. 7. (a) The committee placed in charge of the levee may perform maintenance and make all necessary repairs to the levee that are necessary to keep the levee in original condition. However, the committee shall perform the maintenance of and repairs to the levee that are necess…

Sec. 8. (a) To raise the necessary money to reimburse the county, the committee in charge of a levee shall apportion and assess the costs upon the land and corporations to be benefited by the repairs in proportion to the benefits not more than ninety (90) days after filing the st…

Sec. 8.5. (a) The county council and county executive shall each appoint an individual to serve as a voting member of the committee in charge of a levee. (b) A member of a committee in charge of a levee appointed under this section serves at the pleasure of the appointing authori…

Sec. 9. (a) The committee shall, within five (5) days after making an assessment, post written notices as follows: (1) In three (3) public places in the township where the land assessed is situated, near to the work done. (2) One (1) at the door of the courthouse of each county i…

Sec. 1. The general assembly finds the following: (1) That the loss of lives and property, the disruption of commerce and government services, and the unsanitary conditions caused by floods, all of which are detrimental to the health, safety, and welfare of the people of Indiana,…

Sec. 2. The commission shall develop and adopt appropriate rules under IC 4-22-2, including consideration of nonconforming uses, as minimum standards for the delineation and regulation of all flood hazard areas within Indiana. The commission and all counties and municipalities sh…

subdivisions Sec. 3. (a) All counties and municipalities are encouraged and authorized to delineate and regulate all flood hazard areas within their respective jurisdictions by adopting and implementing all necessary ordinances, rules, and regulations under procedures established…

hazard areas Sec. 5. A county or municipality may not issue a permit for a structure, an obstruction, a deposit, or an excavation within a flood hazard area or part of a flood hazard area that lies within a floodway without the prior written approval of the commission as provided…

Sec. 5.1. (a) Except as provided in subsection (c), a person must obtain a permit under this section to erect, make, use, or maintain a structure, obstruction, deposit, or excavation in any place in a floodplain that is: (1) state owned property; or (2) state managed property. (b…

Sec. 6. (a) City, county, and state employees, agencies, boards, districts, and commissions may cooperate with and furnish information to the commission or a county or municipality for the purpose of implementing this chapter. (b) The commission shall review and timely respond to…

prohibited if it would jeopardize participation in National Flood Insurance Program Sec. 7. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-29.5-6. (b) After June 30, 2023, a unit may not issue a permit: (1) authorized by ordinance or resolution; and (2) …

Sec. 7.2. After June 30, 2025, an individual may not serve as the floodplain administrator of a county or a municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another …

parcel; use of detailed hydrologic modeling in review Sec. 7.4. (a) As used in this section, "department mapping data" means the mapping data provided by the department and located on the Indiana Floodplain Information Portal. (b) A person that has: (1) a possessory or nonpossess…

Sec. 1. The department may issue a permit to a person to take sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana. [Pre-1995 Recodification Citation: 14-3-1-14.5(a).] As added by P.L.1-1995, SEC.22.

Sec. 2. In issuing a permit under this chapter, the department shall do the following: (1) Fix by the permit the area within which it is lawful and in the best interests of the state to permit the taking by the permittee of the mineral or substance. (2) Fix by the permit and coll…

prohibited Sec. 3. (a) A permit issued under this chapter must include the following conditions: (1) The permittee shall give bond in the amount and with surety approved by the department for full and prompt compliance with the terms and conditions of the permit. (2) The permitte…

Sec. 4. (a) A person who knowingly takes sand, gravel, stone, or other mineral or substance from or under the bed of the navigable water of Indiana without a permit commits a Class B infraction. (b) Each day a violation continues constitutes a separate infraction. [Pre-1995 Recod…

Sec. 1. As used in this chapter, "basin" refers to the St. Joseph River basin. [Pre-1995 Recodification Citation: 36-7-6.2-1(b) part.] As added by P.L.1-1995, SEC.23.

Sec. 10. The members of the commission serve without compensation. However, each member is entitled to reimbursement for travel, lodging, meals, and other expenses as provided in the state travel policies and procedures established by the Indiana department of administration and …

Sec. 11. (a) The commission shall elect from among the members the following officers: (1) A chairman. (2) A vice chairman. (3) A secretary. (4) A treasurer. (b) The: (1) term of office for the officers elected under subsection (a) is one (1) year; and (2) officers are eligible f…

Sec. 12. (a) The commission may establish an executive board consisting of the following: (1) The chairman of the commission. (2) One (1) member from each participating county that is not represented by the chairman, to be chosen in a manner prescribed by the commission. (b) The …

Sec. 13. The commission may appoint an advisory committee to assist the commission. A member of an advisory committee is not entitled to compensation for serving on the advisory committee. [Pre-1995 Recodification Citation: 36-7-6.2-3(d).] As added by P.L.1-1995, SEC.23.

Sec. 14. (a) The commission shall do the following: (1) Fix the times of the commission's regular meetings. (2) Have at least one (1) meeting in each quarter of the year. (b) A special meeting of the commission may be called in a manner that the commission shall establish. (c) A …

Sec. 15.5. (a) This section applies to meetings under IC 5-14-1.5 of: (1) the commission; or (2) an executive board appointed under section 12 of this chapter. (b) The definitions in IC 5-14-1.5 apply to this section. (c) A commission member may participate in a meeting by an ele…

Sec. 16. (a) The commission shall keep a record of the commission's resolutions, transactions, and findings. This record is a public record. (b) The commission may adopt rules for the transaction of business. [Pre-1995 Recodification Citation: 36-7-6.2-5(c), (d).] As added by P.L…

Sec. 17. The commission may sue and be sued. [Pre-1995 Recodification Citation: 36-7-6.2-5(e).] As added by P.L.1-1995, SEC.23.

Sec. 18. The commission shall make an annual report of the commission's activities to the executive of each participating county. The commission shall upon request make an annual report to the following: (1) The governor. (2) Any member of the general assembly. [Pre-1995 Recodifi…

Sec. 19. The commission may do the following: (1) Provide a forum for the discussion, study, and evaluation of water resource issues of common concern in the basin. (2) Facilitate and foster cooperative planning and coordinated management of the basin's water and related land res…

Sec. 2. As used in this chapter, "commission" refers to the St. Joseph River basin commission established by this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-1(a) part.] As added by P.L.1-1995, SEC.23.

Sec. 20. The commission may invite the governor, government officials, or other individuals from the St. Joseph River basin in Michigan to do the following: (1) Attend the commission's meetings. (2) Advise the commission upon the commission's request. [Pre-1995 Recodification Cit…

Sec. 21. The commission shall do the following: (1) Explore the desirability of entering into an interstate compact with Michigan to improve water quality in the basin. (2) Make recommendations on the content of a compact. [Pre-1995 Recodification Citation: 36-7-6.2-1(d).] As add…

Sec. 22. (a) The commission may receive grants and appropriations from the following: (1) Federal, state, and local governments. (2) Individuals, foundations, and other organizations. (b) The commission may enter into agreements or contracts regarding the acceptance or use of the…

Sec. 23. The commission shall do the following: (1) Prepare and adopt an annual budget. (2) Submit the budget to the executive of each participating county. (3) Make the budget available to each agency appropriating money to the commission. [Pre-1995 Recodification Citation: 36-7…

Sec. 24. (a) The participating counties may budget, appropriate, and disburse money to carry out the purposes of the commission under this chapter. (b) The appropriation from the participating counties that is needed for all or part of the commission's budget shall be apportioned…

Sec. 25. (a) The commission shall make expenditures only as budgeted. However, the commission may revise the budget at any time to authorize unbudgeted expenditures. (b) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a n…

Sec. 26. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to: (1) develop a plan to improve water quality or mitigate flooding in the pa…

Sec. 27. In developing a plan to improve water quality or mitigate flooding in the part of the basin described in a cooperative agreement entered into under section 26 of this chapter, the commission shall determine the best method and manner of improving water quality or mitigat…

mitigate flooding Sec. 28. (a) The commission shall schedule a public meeting in accordance with IC 5-14-1.5 in each participating county containing a political subdivision that has entered into a cooperative agreement under section 26(1) of this chapter authorizing the commissio…

Sec. 29. Before a plan is implemented by a political subdivision, the plan must be approved by the state in accordance with IC 14-25 through IC 14-29. As added by P.L.138-2018, SEC.10.

Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 6 of this chapter. [Pre-1995 Recodification Citation: 36-7-6.2-1(f).] As added by P.L.1-1995, SEC.23.

Sec. 3.5. As used in this chapter, "plan" refers to a plan described in section 26(1) of this chapter. As added by P.L.138-2018, SEC.3.

Sec. 30. The commission may adopt rules to do the following: (1) Require that increased water runoff resulting from new construction be impounded on the construction site. (2) Permit the requirement of onsite water impoundment under subdivision (1) to be waived upon payment of a …

flood plains Sec. 31. (a) For the purposes of this chapter, the commission may do the following: (1) Acquire by grant, gift, purchase, or devise, and dispose of, conservation easements under IC 32-23-5 in land within the one hundred (100) year flood plains and the wetlands in the…