Title 14, TITLE 14. NATURAL AND CULTURAL RESOURCES

Sec. 1. As used in this chapter, "commission" refers to a flood plain commission established under this chapter. [Pre-1995 Recodification Citation: 13-2-22.6-1 part.] As added by P.L.1-1995, SEC.21.

Sec. 10. A member of the commission or legislative body of the county or municipality may not participate in a hearing or decision upon a zoning matter, other than the preparation and adoption of an initial flood plain zoning ordinance, in which the member is directly or indirect…

Sec. 11. The commission may do the following: (1) Exercise general supervision of and make rules for the administration of the affairs of the commission. (2) Prescribe uniform rules pertaining to investigations and hearings. (3) Supervise the fiscal affairs and responsibilities o…

Sec. 12. The commission shall prepare and submit an annual budget. After the legislative body of the county or municipality has passed an ordinance creating a commission: (1) money may be appropriated to carry out the duties of the commission; and (2) the commission may expend, u…

Sec. 13. (a) The commission, county, or municipality may accept gifts, donations, and grants from private and governmental sources for commission purposes. Money accepted shall be deposited in a special nonreverting commission fund available for expenditure by the commission for …

Sec. 14. (a) The county or municipality may compensate the members of the commission for service on the commission. (b) When the commission determines that it is necessary for members to attend in another city or county a state, regional, or national conference or interview deali…

Sec. 15. (a) To assure the promotion of public health, safety, convenience, and the general welfare within the commission's jurisdiction, the commission shall prepare a proposed initial flood plain zoning ordinance. The ordinance must provide for the following: (1) The classifica…

or identification Sec. 16. (a) As used in this section, "flood protection grade" means the elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building. (b) The land classified as flood plain areas may be: (1) define…

improvement location permit fees Sec. 17. (a) A flood plain zoning ordinance may require that: (1) a structure may not be located; (2) a use may not be changed; and (3) an improvement location permit may not be issued for a structure or change of use; on land either platted or un…

decision Sec. 18. (a) A flood plain zoning ordinance must designate: (1) the county auditor; (2) the county surveyor; or (3) the municipal clerk or clerk-treasurer; as applicable, as the zoning administrator who issues improvement location permits within the jurisdiction of the c…

Sec. 19. (a) The commission shall prepare and present the proposed initial zoning ordinance, with explanatory maps, to the legislative body of the county or municipality. (b) The legislative body shall do the following: (1) Consider the proposed initial zoning ordinance. (2) Retu…

Sec. 2. As used in this chapter, "improvement location permit" means a permit to alter, expand, or enlarge any use of land or structure. The term includes the erection of a structure. [Pre-1995 Recodification Citation: 13-2-22.6-1 part.] As added by P.L.1-1995, SEC.21.

Sec. 20. A county or municipality may not pass an ordinance under this chapter until: (1) the legislative body of the county or municipality receives; and (2) the natural resources commission approves; the final report of the commission. [Pre-1995 Recodification Citation: 13-2-22…

hearing Sec. 21. (a) After the commission submits the final report, the legislative body of the county or municipality shall give all interested persons an opportunity to be heard with reference to the final report at a public hearing convenient for all persons affected. The legi…

boundaries in ordinance Sec. 22. The legislative body of the county or municipality may amend or supplement the regulations and district boundaries fixed by ordinance under this chapter or IC 13-2-22.6 (before its repeal). However, the area designated as flood plain may not be ch…

Sec. 23. The: (1) commission; or (2) owners of at least fifty percent (50%) of the land area involved in the matter set forth in a petition; may present signed petitions to the legislative body of the county or municipality requesting an amendment or supplement of the regulations…

commission Sec. 24. The legislative body shall refer a proposed ordinance for the amendment, supplement, or repeal of the zoning ordinance not originating from petition of the commission to the commission for consideration and a report before the legislative body of the county or…

repeal; hearing Sec. 25. (a) Before the commission submits to the legislative body: (1) a petition; or (2) a report on a proposed ordinance referred to the commission; for an amendment, a supplement, or a repeal of the zoning ordinance, the commission shall hold a public hearing.…

investigations Sec. 26. (a) The legislative body of the county or municipality may declare: (1) a building erected, raised, or converted; or (2) land or premises used; in violation of an ordinance or a regulation adopted under this chapter or under IC 13-2-22.6 (before its repeal…

Sec. 27. (a) The commission may institute the following: (1) A suit for injunction in the circuit court, superior court, or probate court with jurisdiction in the county to restrain an individual or a governmental entity from violating this chapter or an ordinance adopted under t…

building or land violating ordinance Sec. 28. In: (1) a proceeding by a county or municipality for the taking, appropriation, or condemnation of land; or (2) an action against a county or municipality; compensation or damages may not be awarded for the taking of or injury to a st…

Sec. 29. (a) It is the purpose of this chapter to enable counties and municipalities that have not adopted effective land use ordinances under IC 36-7 to comply with the requirements of: (1) the federal National Flood Insurance Act (42 U.S.C. 4001 through 4127); (2) IC 14-28-1; a…

Sec. 3. A county or municipality may establish a flood plain commission by ordinance of the unit's legislative body. The commission may regulate land uses within identified flood hazard areas under this chapter. [Pre-1995 Recodification Citation: 13-2-22.6-2.] As added by P.L.1-1…

Sec. 30. (a) This chapter is supplemental to and does not abrogate the powers extended to agencies, bureaus, departments, commissions, divisions, or officials of state government by other statutes, and these powers remain in full effect. Except as otherwise provided in this chapt…

Sec. 31. The adoption of a zoning ordinance under IC 36-7 that provides for flood plain management within the jurisdiction of a county or municipality immediately voids a flood plain commission, ordinance, or regulation adopted under: (1) this chapter; or (2) IC 13-2-22.6 (before…

Sec. 4. The commission, to be known as the "___________ Flood Plain Commission", consists of three (3) members as follows: (1) One (1) member of the legislative body of the county or municipality to be appointed by the legislative body. (2) Two (2) citizens who reside within the …

Sec. 5. (a) Commission members serve terms of one (1) year, beginning with the first Monday of January of each year. The initial members serve from the date of establishment of the commission until the first Monday of January of the following year. (b) If a vacancy occurs, the ap…

Sec. 6. (a) At the first regular meeting of each year the commission shall elect from the members of the commission the following officers: (1) A president. (2) A vice president. (3) A secretary. (b) The vice president may act as president of the commission during the absence or …

Sec. 7. The commission shall fix the time for holding regular meetings, but the commission shall meet at least one (1) time in January, April, July, and October. [Pre-1995 Recodification Citation: 13-2-22.6-4 part.] As added by P.L.1-1995, SEC.21.

Sec. 8. (a) A special meeting of the commission may be called by any member upon written request to the secretary. (b) The secretary shall send to all the members, at least two (2) days in advance of a special meeting, a written notice fixing the time and place of the meeting. (c…

Sec. 9. A majority of the members of the commission constitutes a quorum. To be official, an action of the commission must be authorized by a majority of the commission at a regular or special meeting. [Pre-1995 Recodification Citation: 13-2-22.6-5(b).] As added by P.L.1-1995, SE…

Sec. 1. As used in this chapter, "channel" means: (1) an artificial channel; or (2) the improved channel of a natural watercourse; connecting to any river or stream in Indiana for the purpose of providing access by boat or otherwise to public or private industrial, commercial, ho…

Sec. 2. The general assembly finds that the unregulated construction of channels may be injurious to the public health, safety, and welfare and that the construction of these channels shall be regulated. [Pre-1995 Recodification Citation: 13-2-18.5-2.] As added by P.L.1-1995, SEC…

Sec. 3. A person may not construct a channel before receiving the written approval of the commission. [Pre-1995 Recodification Citation: 13-2-18.5-3.] As added by P.L.1-1995, SEC.22.

Sec. 4. A person who desires to construct a channel must do the following: (1) File a verified written application for a permit with the commission that does the following: (A) States the material facts. (B) Includes the plans and specifications for the construction of the channe…

Sec. 5. Before commission consideration of the application, the applicant must do the following: (1) Obtain the prior written approval of the department of environmental management for sewage disposal facilities involved with the channel and each facility that the channel is to s…

Sec. 6. The commission shall issue an order of authorization if in the opinion of the commission the channel and each facility that the channel is to serve will not do any of the following: (1) Constitute an unreasonable hazard to life and property. (2) Result in undue effects up…

Sec. 7. The commission may, in the name of the state, maintain an action to enjoin a violation of this chapter. [Pre-1995 Recodification Citation: 13-2-18.5-7.] As added by P.L.1-1995, SEC.22.

Sec. 8. The commission may adopt rules under IC 4-22-2 to administer this chapter. [Pre-1995 Recodification Citation: 13-2-18.5-8.] As added by P.L.1-1995, SEC.22.

Sec. 9. (a) A person who violates section 3 of this chapter commits a Class B infraction. (b) Each day of continuing violation after conviction of the offense or violation constitutes a separate offense or violation. [Pre-1995 Recodification Citation: 13-2-18.5-10.] As added by P…

Sec. 1. As used in this chapter, "basin" refers to the upper Wabash River basin. As added by P.L.35-2001, SEC.7.

Sec. 10. (a) The commission shall annually elect from among the voting members the following officers: (1) A chairperson. (2) A vice chairperson. (3) A secretary. (4) A treasurer. (b) The officers elected under subsection (a) shall be elected and shall perform the duties specifie…

Sec. 11. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administrati…

Sec. 12. (a) The commission may do the following: (1) Sue and be sued. (2) Manage the commission's internal affairs. (3) Employ staff. (4) Enter into contracts to implement a cooperative agreement described in section 13 of this chapter. (5) Exercise the powers of a political sub…

Sec. 13. 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 control flooding and improve drainage in that part o…

Sec. 14. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following: (1) The reservoir method. (2) The channel improvement method. (3) The levee method. (4) Flood plain regulation. (5) All…

Sec. 15. (a) The commission shall give the public an opportunity to participate in the development of the plan by holding public hearings at which public testimony is heard and by accepting written recommendations from the public. (b) Before the plan is implemented by a political…

Sec. 16. (a) The commission shall prepare an annual budget for the commission's operation and other expenditures under IC 6-1.1-17. (b) The commission is not eligible for funding through the Wabash River heritage corridor commission established by IC 14-13-6-6. As added by P.L.35…

Sec. 17. The commission may adopt rules under IC 4-22-2 to require that increased water runoff resulting from new construction be impounded on the construction site. As added by P.L.35-2001, SEC.7.

Sec. 18. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the upper Wabash River basin enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the mem…