Ind. Code ch. 14-30.5-6

in effect

Ind. Code § 14-30.5-6-1 Use of undeveloped public land for flood storage

Sec. 1. (a) For purposes of this section, "undeveloped public land" does not include the following: (1) State parks established under IC 14-19. (2) Nature preserves established under IC 14-31. (3) Other public lands that must be used for purposes other than flood damage reduction storage as a condition of: (A) federal or state law; or (B) funding received from federal, state, or private sources. (b) A watershed development commission shall coordinate its flood damage reduction activities with the department and other public agencies to ensure that undeveloped public land is used for providing flood storage to the greatest extent feasible before other lands are used. As added by P.L.251-2023, SEC.13.

Ind. Code § 14-30.5-6-2 Review of proposed public works project by division of water

Sec. 2. (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). As added by P.L.251-2023, SEC.13. Amended by P.L.104-2025, SEC.10.

Ind. Code § 14-30.5-6-3 Preference for Indiana business in public works projects

Sec. 3. (a) A watershed development commission may give a preference to an Indiana business that submits a bid under this article in connection with a public works project if both of the following apply: (1) An out-of-state business also submits a bid. (2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses. (b) A watershed development commission shall establish criteria for determining the following: (1) Whether a bidder qualifies as an Indiana business. (2) Whether another state's public works preference is unfavorable to Indiana businesses. (3) The method by which the preference for Indiana businesses is to be computed. (c) The preference that a watershed development commission gives to an Indiana business over an out-of-state business under this section may not be more favorable to the Indiana business than the preference of the state of the out-of-state business is to that state's businesses. As added by P.L.251-2023, SEC.13.

Ind. Code § 14-30.5-6-4 Information to be provided by bidder; Indiana employee and subcontractor goal

Sec. 4. (a) Each contractor entering a bid for a public works project of a watershed development commission must provide the watershed development commission with information on: (1) the number of residents of Indiana who will be employed by the contractor; and (2) the number of residents of Indiana who will be employed by any subcontractor of the contractor. (b) The goal for a contract awarded by a watershed development commission for a public works project is to award the contract to a contractor that: (1) employs residents of Indiana as at least ninety percent (90%) of the employees who work on the contract; and (2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract. 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