Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 2. If the federal government or an agency of the federal government develops plans for flood control affecting Indiana or a part of Indiana, the department may: (1) approve the plans; and (2) permit the use of the plans in the control of floods in Indiana. [Pre-1995 Recodifi…

Sec. 1. As used in this chapter, "adjacent land" means the area of land paralleling, but not necessarily contiguous to, a river needed to preserve, protect, and manage the natural, scenic, or recreational character of the river. [Pre-1995 Recodification Citation: 13-2-26-3(g).] A…

Sec. 10. In all planning for the use and development of water and related land resources of rivers in the system, including the construction of impoundments, diversions, realignments, riprap, roadways, crossings, channelizations, locks, canals, or other uses that change the chara…

Sec. 11. Use or development of water and related land resources of rivers in the system may not be approved if in the judgment of the commission the use or development may alter the original classification of a river in the system. [Pre-1995 Recodification Citation: 13-2-26-7.] A…

Sec. 12. (a) The director shall prepare and maintain a plan for the establishment, development, management, use, and administration of rivers in the system. The river system plan shall be included and becomes an integral part of the comprehensive state plans for water management …

Sec. 13. (a) As used in this section, "conservation easement" has the meaning set forth in IC 32-23-5-2. (b) As used in this section, "land use easement" means the granting of the right of the general public to use the adjacent land. (c) As used in this section, "scenic easement"…

Sec. 14. Recognizing that most of the rivers recommended for inclusion in the system may not be state owned, the general assembly encourages riparian owners to grant easements to the director for the purposes of this chapter. [Pre-1995 Recodification Citation: 13-2-26-10.] As add…

Sec. 15. The department may expend money that is: (1) already appropriated for the purposes of this chapter; or (2) periodically appropriated to the department from any fund for the purpose of developing public recreation facilities. [Pre-1995 Recodification Citation: 13-2-26-11.…

Sec. 2. As used in this chapter, "recreational river" means a river that does not have the characteristics necessary to qualify as a natural or scenic river, but that still maintains scenic or recreational characteristics of unusual and significant value. [Pre-1995 Recodification…

Sec. 3. As used in this chapter, "river" means any flowing body of water and adjacent land or part of the body of water and adjacent land. [Pre-1995 Recodification Citation: 13-2-26-3(h).] As added by P.L.1-1995, SEC.22.

Sec. 4. As used in this chapter, "scenic river" means a river that: (1) is free of impoundments; (2) is accessible in several places; and (3) has minimal pollution and shoreline developments. [Pre-1995 Recodification Citation: 13-2-26-3(d).] As added by P.L.1-1995, SEC.22.…

Sec. 5. As used in this chapter, "system" means the Indiana natural, scenic, and recreational river system. [Pre-1995 Recodification Citation: 13-2-26-3(f).] As added by P.L.1-1995, SEC.22.

Sec. 6. The department shall administer this chapter. [Pre-1995 Recodification Citation: 13-2-26-1 part.] As added by P.L.1-1995, SEC.22.

Sec. 7. As part of the continuing growth of the population and development of the economy of Indiana, it is necessary and desirable that rivers of unusual natural, scenic, or recreational significance be set aside and preserved for the benefit of present and future generations be…

Sec. 8. (a) As used in this section, "natural river" means a river that, free of impoundments, is generally unpolluted, undeveloped, and inaccessible. (b) The director may study and periodically submit to the commission proposals for the inclusion of a section of a river into the…

Sec. 9. (a) Based upon the study and recommendations of the director, the commission may adopt rules under IC 4-22-2 to designate a river for inclusion into the system. (b) Before adopting rules, the director shall do the following: (1) Notify each adjoining or abutting landowner…

Sec. 1. For purposes of this chapter, the following definitions apply: (1) "Commission" refers to a river basin commission established by section 2 of this chapter. (2) "Participating county" refers to a county that: (A) joins a commission under section 4 of this chapter; and (B)…

Sec. 10. (a) A commission may do the following: (1) Manage the commission's internal affairs. (2) Employ staff. (3) Subject to section 12 of this chapter, enter into contracts for purposes of this chapter. (4) Exercise the powers of a political subdivision specified in a cooperat…

Sec. 11. A commission shall do the following: (1) Keep a record of the commission's resolutions, transactions, and findings. A record under this subdivision is a public record. (2) Make an annual report of the commission's activities to the executive of each participating county.…

Sec. 12. (a) A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with a commission and at least one (1) other legal entity, including a legal entity in another state. (b) If a commission intends to enter into a cooperative agre…

Sec. 13. A commission may adopt a resolution to do any one (1) or more of 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 …

Sec. 14. (a) The commission may establish an executive board consisting of the following: (1) The chairperson of the commission. (2) One (1) member from each participating county that is not represented by the chairperson, to be chosen in a manner prescribed by the commission's b…

Sec. 15. (a) The commission may appoint an advisory committee to assist the commission. (b) A member of an advisory committee is not entitled to compensation for serving on the advisory committee. As added by P.L.123-2026, SEC.38.

Sec. 16. The commission may adopt a bylaw to govern member participation in: (1) a commission's; or (2) an executive board's; meeting by electronic communication. As added by P.L.123-2026, SEC.38.

Sec. 17. (a) A commission may receive grants and appropriations from the following: (1) Federal, state, and local governments. (2) Individuals, foundations, and other organizations. However, a commission is not eligible for funding through the Wabash River heritage corridor commi…

Sec. 18. (a) A participating county may budget, appropriate, and disburse money to carry out the purposes of the commission under this chapter. (b) The appropriation from the participating county that is needed for all or part of the commission's budget must be either: (1) apport…

Sec. 19. (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. 2. (a) The following river basin commissions are established: (1) The Maumee River basin commission. (2) The St. Joseph River basin commission. (3) The Upper Wabash River basin commission. (b) After consulting with the surveyor of each county in a river basin, the director s…

Sec. 20. (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: (A) within; or (B) adjacent to if part of the same parcel; the one hundred (100) y…

Sec. 21. (a) The commission, the executive board, or employees or authorized representatives of the commission acting under this chapter may: (1) enter the land lying within the one hundred (100) year flood plain of any watercourse in the river basin; and (2) enter land lying out…

Sec. 3. A commission established by this chapter: (1) is a separate municipal corporation; and (2) may sue and be sued. As added by P.L.123-2026, SEC.38.

Sec. 4. The executive of a county that includes territory in a commission may do the following: (1) Elect to participate in the commission by designating the county as a participating county. (2) Revoke the designation described in subdivision (1). As added by P.L.123-2026, SEC.3…

Sec. 5. (a) Except as provided in subsection (d), the following shall serve as voting members of the commission: (1) A member of the county executive for a participating county. (2) The executive director or, if a county does not have an executive director, the chairman or manage…

Sec. 6. (a) A member of the commission may: (1) designate another individual to perform the duties of the member on the commission; and (2) revoke the designation described in subdivision (1). (b) A designation or a revocation of a designation under this section must be filed wit…

Sec. 7. (a) A 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 perform the duties specified in the commission's by…

Sec. 8. (a) Either: (1) the commission; or (2) a participating county; but not both, may pay its members 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 establ…

Sec. 9. (a) A commission shall meet at least four (4) times each calendar year. (b) The following may call a meeting: (1) The chairperson. (2) The executive director. (3) A quorum of the commission's members. (c) A commission shall adopt bylaws specifying a quorum requirement. (d…

Sec. 1. (a) Immediately after the organizational meeting of the board, the board must commence the preparation of the district plan to accomplish the purpose for which the district is established. The board may request and receive from a state agency information that: (1) the age…

Sec. 10. At the hearing the board shall by resolution: (1) confirm, with or without modification; or (2) revoke; the board's tentative resolution adopting the drawings, specifications, and cost estimates. [Pre-1995 Recodification Citation: 13-3-3-56(d) part.] As added by P.L.1-19…

Sec. 11. If the board confirms the drawings, specifications, and cost estimates, the board shall let contracts or otherwise construct the works of improvement provided in the drawings, specifications, and cost estimates. The board may not let a contract for an amount that exceeds…

Sec. 12. (a) As the result of: (1) experience gained in the construction or operation of the works of a district; or (2) changed conditions; the district plan may be amended in any way as long as the amended district plan conforms to the other requirements of this chapter. (b) Th…

Sec. 13. (a) The board shall place the district plan in operation by constructing all works and maintaining the works in accordance with the district plan. (b) If necessary to discharge these responsibilities, the board may do the following: (1) Except as provided in IC 14-33-24-…

Sec. 14. (a) A board may establish an association of Indiana conservancy districts and have the district become a member. The association must have as purposes the following: (1) To assist in the assembly and dissemination of information in all aspects of the organization, financ…

Sec. 2. (a) A district plan consists of an engineering report that sets forth the general, comprehensive plan for the accomplishment of each purpose for which the district was established. A district plan must contain the following: (1) Descriptions of the following: (A) The phys…

Sec. 3. The board shall present the district plan to the commission within one hundred twenty (120) days after the date of the appointment of the members of the board, unless the board requests and receives additional time from the commission. [Pre-1995 Recodification Citation: 1…

Sec. 4. (a) The commission shall do the following: (1) Review each district plan. (2) Request the technical assistance of any other state agency, including: (A) the environmental rules board; (B) the Indiana department of health; and (C) the department of environmental management…