Ind. Code § 14-30.5-3-0.5 Applicability
Sec. 0.5. This chapter does not apply to a watershed development commission that includes the Maumee River basin.
As added by P.L.104-2025, SEC.4.
Ind. Code ch. 14-30.5-3
Ind. Code ch. 14-30.5-3
in effectInd. Code § 14-30.5-3-1 Potential purposes for establishment of watershed development commission
Sec. 1. (a) The flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes for which a watershed development commission may be established include the following:
(1) Planning, taking, and promoting action to prevent or mitigate flooding through generally accepted structural and nonstructural means, including the following:
(A) Bank stabilization.
(B) Expansion of water storage capacity.
(C) Erosion control.
(D) Sediment reduction.
(E) Logjam management.
(F) Selective construction, maintenance, and removal of berms.
(G) Construction of levees.
(H) Bridge and structure removal and replacement.
(2) Taking and promoting action to enhance drainage in ways consistent with storm water management requirements.
(3) Taking and promoting action to address water infrastructure needs related to flood damage reduction, storm water management, recreation, and drainage.
(4) Setting voluntary water quality goals.
(b) Subject to subsection (c), the purposes for which a watershed development commission may be established, in addition to those set forth in subsection (a), may include one (1) or more purposes related to water quality within the boundaries of the designated watershed, such as:
(1) reducing the runoff of nutrients and soil into streams and bodies of water by promoting the use of improved ditch design and the reestablishment of strategically located wetlands; and
(2) reducing ground water contamination by promoting the use of improved septic system technology.
However, a water quality purpose, goal, or project does not convey water quality regulatory authority to a watershed development commission.
(c) A watershed development commission may not have a purpose described in subsection (b) unless:
(1) the board of the commission, in addition to developing a flood damage reduction and drainage plan under section 4 of this chapter, develops a water quality improvement plan that:
(A) describes water quality problems within the boundaries of the designated watershed; and
(B) proposes one (1) or more actions that the watershed development commission could take to address those problems;
(2) the board of the watershed development commission submits the water quality improvement plan to the natural resources commission; and
(3) the natural resources commission, after:
(A) determining whether the water quality problems described in the water quality improvement plan truly exist within the boundaries of the watershed development commission's designated watershed; and
(B) considering whether it is likely that the efforts of the watershed development commission would be a practically effective and cost effective means of addressing the water quality problems;
approves the commission's water quality improvement plan.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-2 Watershed development commission projects constitute performance of essential governmental functions
Sec. 2. A watershed development commission is granted powers by this chapter for the benefit of the people of Indiana and for the increase of their commerce, health, enjoyment, and prosperity. The operation, creation, development, and maintenance of the projects by a watershed development commission constitute the performance of essential governmental functions.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-3 Activities limited to designated watershed
Sec. 3. A watershed development commission shall limit its activities to the commission's designated watershed.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-4 Flood damage reduction and drainage; plan and activities; potential coordination with another governmental entity
Sec. 4. (a) The board of a watershed development commission shall develop a plan for flood damage reduction and drainage within the commission's designated watershed.
(b) A watershed development commission:
(1) subject to subsection (f), has exclusive authority to perform drainage and flood damage reduction activities within the channel of:
(A) the river that is the surface water outlet of the commission's designated watershed; or
(B) each river that flows directly into the surface water outlet, if the surface water outlet of the commission's designated watershed is a lake or impoundment;
and within the area extending seventy-five (75) feet from the top of each bank of the river;
(2) may participate in the flood control program established under IC 5-1.2-13; and
(3) may acquire interests in land, including easements, for the commission's use in:
(A) providing flood storage; and
(B) the construction of levees and other flood damage reduction improvements.
(c) The drainage and flood damage reduction activities that a watershed development commission has exclusive authority to perform under subsection (b)(1) include the following:
(1) Bank stabilization.
(2) Tree removal.
(3) Construction and operation of sand traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) The acquisition, construction, and maintenance of access roads to levees and the channel of a river to which subsection (b)(1) applies.
(7) Other actions that the board of the watershed development commission reasonably considers necessary to carry out this chapter.
(d) Subject to subsection (f), a county must obtain the authorization of the board of the watershed development commission before performing any:
(1) construction work; or
(2) drainage or flood damage reduction activities;
within the area described in subsection (b)(1) unless the work must be performed in response to an emergency.
(e) Subsection (f) applies if a governmental entity other than the watershed development commission has authority:
(1) to perform one (1) or more activities set forth in subsection (c) within any part of the watershed development commission's designated watershed; and
(2) to collect a tax or an assessment or to impose another duty of financial contribution upon the owners of property located in any part of the watershed development commission's designated watershed.
(f) The board of a watershed development commission may enter into an interlocal cooperation agreement under IC 36-1-7 with a governmental entity described in subsection (e):
(1) under which:
(A) the watershed development commission will perform, and the other governmental entity will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; and
(B) the governmental entity will cease collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) for performing the activity or activities set forth in subsection (c) within the watershed development commission's designated watershed; or
(2) under which:
(A) the governmental entity will continue to perform, and the watershed development commission will relinquish its authority to perform, the activity or activities set forth in subsection (c) within the part of the watershed development commission's designated watershed in which the governmental entity performs those activities;
(B) the governmental entity will continue collecting the tax or assessment or imposing the other duty of financial contribution described in subsection (e)(2) in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c); and
(C) the watershed development commission will:
(i) relinquish its authority to receive; or
(ii) appropriately reduce;
the annual special assessments or support by optional methods to which the watershed development commission is otherwise entitled under IC 14-30.5-5 with respect to taxable parcels of real property located in the part of the watershed development commission's designated watershed in which the governmental entity performs the activity or activities set forth in subsection (c).
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-5 Studies, reports, and recommendations; coordination of programs and activities
Sec. 5. The board of a watershed development commission may do the following:
(1) Conduct all studies necessary for the performance of the board's duties.
(2) Publicize, advertise, and distribute reports on the commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the commission's functions and objectives to:
(A) a political subdivision located in the designated watershed; or
(B) any public or private agency;
upon request from the political subdivision or agency.
(4) Upon request, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-6 Grants and appropriations
Sec. 6. (a) A watershed development commission may receive grants and appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) A watershed development commission may enter into agreements or contracts regarding the acceptance or use of grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
(c) A watershed development commission must expend money appropriated to the commission for the purpose for which the money is appropriated.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-7 Powers concerning real or personal property; development of water resources
Sec. 7. (a) A watershed development commission may:
(1) acquire and dispose of real or personal property by grant, gift, purchase, lease, devise, or otherwise; and
(2) hold, use, improve, maintain, operate, own, manage, or lease as lessor or lessee real or personal property or any interest in that property;
for the purposes set forth in this chapter.
(b) A watershed development commission may exercise the powers granted by this section for the development of the water resources of the commission's designated watershed.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-8 Capacity to sue and be sued
Sec. 8. A watershed development commission may sue and be sued.
As added by P.L.251-2023, SEC.13.
Ind. Code § 14-30.5-3-9 Agreements with agencies in other states
Sec. 9. (a) A watershed development commission, with the approval of:
(1) the affected regional planning commission established under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are responsible for the planning or development of flood damage reduction and drainage measures in the part of the commission's designated watershed that is located in the other state.
(b) If a watershed development commission has water quality purposes under section 1(b) of this chapter, the commission, with the approval of:
(1) the affected regional planning commission established under IC 36-7-7 or IC 36-7-7.6; and
(2) the department;
may enter into agreements with agencies in another state that are responsible for water quality in the part of the commission's designated watershed that is located in the other state. However, an agreement under this subsection does not convey water quality regulatory authority to a watershed development commission.
As added by P.L.251-2023, SEC.13.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026