Ind. Code ch. 14-30-6

in effect

Ind. Code § 14-30-6-1 Definitions

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) has territory within the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-2 River basin commissions

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 shall certify the boundaries of a commission established by subsection (a). However, a river basin commission established by subsection (a)(1), (a)(2), or (a)(3) is not required to recertify the commission's boundaries under this subsection. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-3 "Municipal corporation"

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.

Ind. Code § 14-30-6-4 Participating county; designation

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.38.

Ind. Code § 14-30-6-5 Members; term

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 manager of a soil and water conservation district that: (A) is subject to IC 14-32; (B) includes territory in a participating county; and (C) includes territory in the basin. (3) The county surveyor of each participating county. (b) In addition to the members required under subsection (a), the required members of a commission may appoint the following voting members: (1) Each member of the county executive for a participating county. (2) The executive of each second class city within the territory of the commission. (3) If a participating county does not have a second class city, the executive of the municipality with the largest population located within the territory of the basin. (4) A participating county's health officer. (5) A representative of each soil and water conservation district that: (A) is subject to IC 14-32; (B) includes territory in a participating county; and (C) includes territory in the basin. (6) A representative of the department of natural resources. However, the representative may not be an employee or elected official of a city, town, or county governmental unit. (c) A representative described in subsection (b)(5) or (b)(6): (1) is chosen by the entity being represented; (2) serves a three (3) year term; (3) is eligible for reappointment; and (4) continues until a successor is appointed. (d) A commission that exists on or before June 30, 2026, retains the commission's existing voting members. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-6 Designee

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 with the commission to be effective. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-7 Officers

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 bylaws. (c) A commission may establish other offices, including an executive director, and determine the means for filling the offices. Any salary or benefits provided to the individual must be paid by the commission that establishes the office. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-8 Traveling expenses; per diem

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 established by the Indiana department of administration and approved by the budget agency. Money paid under subdivision (1) may only be paid from money available to the commission at the time of reimbursement. (b) A county may pay members of a commission the salary per diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-9 Meetings; quorum; notice

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) A member may waive notice of any meeting by filing a written waiver with the secretary of the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-10 Commission powers

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 cooperative agreement described in section 12 of this chapter. (5) Provide a forum for the discussion, study, and evaluation of water resource issues of common concern in the river basin. (6) Facilitate and foster cooperative planning and coordinated management of the basin's water and related land resources. (7) Develop positions on major water resource issues and serve as an advocate of the basin's interests before Congress and federal, state, and local governmental agencies. (8) Develop plans and tools to improve water quality or mitigate flooding in the basin. (9) Publicize, advertise, and distribute reports on the commission's purposes, objectives, studies, and findings. (10) When requested, make recommendations in matters related to the commission's functions and objectives to political subdivisions in the basin and to other public and private agencies. (11) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives. (12) Invite government officials of other states within the river basin to: (A) attend the commission's meetings; and (B) advise the commission upon the commission's request. (b) A commission may not exercise any of the powers described in subsection (a) within a nature preserve (as defined in IC 14-31-1). (c) This section does not exempt the commission from any other statute. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-11 Commission duties

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. The commission shall upon request make an annual report to the following: (A) The governor. (B) Any member of the general assembly. (3) Prepare and adopt an annual budget. (4) Submit the budget described in subdivision (3) to the executive of each participating county and, upon request, make the budget available to each agency appropriating money to the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-12 Cooperative agreements

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 agreement under subsection (a), the commission shall post public notice of the proposed cooperative agreement at least ten (10) business days before the meeting at which the cooperative agreement is scheduled to be voted on by the commission. (c) Before a commission may vote on the cooperative agreement under this section, the cooperative agreement must be approved by the department. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-13 Adoption of resolutions

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 be waived upon payment of a reasonable fee by the developer of the new construction. (3) Restrict construction within the one hundred (100) year flood plains of the river basin. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-14 Executive board

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 bylaws. (b) The commission may delegate to the executive board the power to do the following: (1) Recommend agenda items and activities to the commission. (2) Conduct hearings on proposed commission projects. (3) Perform other administrative duties assigned by the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-15 Advisory committee

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.

Ind. Code § 14-30-6-16 Electronic meeting

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.

Ind. Code § 14-30-6-17 Funding

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 commission established by IC 14-13-6-6. (b) The commission may enter into an agreement or contract regarding the acceptance or use of the grants and appropriations described in subsection (a) for the purpose of carrying out the commission's activities under this chapter. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-18 Budget and appropriation

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) apportioned among the participating counties in direct relationship to the amount of land area in each participating county certified under section 2 of this chapter; or (2) divided equally among the participating counties. (c) The appropriation that is needed under subsection (b) shall be presented to the county executive at the same time that budgets are presented by county officers. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-19 Financial practices; audit

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 nonreverting cumulative fund to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund. (c) The commission is responsible for the safekeeping and deposit of money the commission receives under this chapter. The state board of accounts shall: (1) prescribe the methods and forms for keeping; and (2) periodically audit; the accounts, records, and books of the commission. (d) The treasurer of the commission may receive, disburse, and handle money belonging to the commission, subject to the following: (1) Applicable statutes. (2) Procedures established by the commission. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-20 Commission acquisition powers; restriction of construction in flood plains

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) year flood plains and the wetlands in the basin. (2) Acquire, by grant, gift, purchase, or devise, improvements: (A) within; or (B) adjacent to if part of the same parcel; the one hundred (100) year flood plains of the basin for the purpose of removing those improvements. (3) Acquire, dispose of, hold, use, improve, maintain, operate, own, manage, or lease real or personal property by grant, gift, purchase, or devise for the purposes of this chapter. (b) The commission may exercise the powers granted by this section as follows: (1) For purposes of IC 32-23-5. (2) To contribute to the following: (A) Flood mitigation. (B) Flood damage reduction. (C) Improvements in water quality. (D) Soil conservation. As added by P.L.123-2026, SEC.38.

Ind. Code § 14-30-6-21 Power to enter land; notice; right to appeal

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 outside the one hundred (100) year flood plain to gain access to land lying within the one hundred (100) year flood plain in the river basin; if necessary to investigate, examine, or survey the land or investigate suspected violations of the Indiana flood control laws. (b) The commission must give twenty-one (21) days written notice to: (1) an owner of the affected land; (2) a contract purchaser of the affected land; or (3) if the land is municipal property (as described in IC 6-1.1-10-5(a)), the executive of the municipality; before exercising the right to enter land under this section. The notice must state the purpose of the entry and that there is a right of appeal under this section. (c) A person described in subsection (b)(1) through (b)(3) may, within the twenty-one (21) day notice period required by subsection (b), appeal the proposed entry under subsection (a) to the commission on the grounds that the proposed entry is not necessary. If a person appeals under this subsection, the commission shall hold a hearing on the necessity of the entry before the right of entry is exercised. (d) A person entering land under this section must use due care to avoid damage to: (1) crops; or (2) fences, buildings, and other structures. (e) Neither the commission, the executive board, nor employees or authorized representatives of the commission acting under this chapter commits criminal trespass under IC 35-43-2-2 by entering land described in subsection (a) for a purpose set forth in subsection (a). As added by P.L.123-2026, SEC.38.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026