CHAPTER 7. RIVER COMMISSIONS
IC 14-29-7
Chapter 7. River Commissions
IC 14-29-7-1
Application of chapter
Sec. 1. This chapter applies only to land in a county whose boardof county commissioners has elected to participate in a rivercommission.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-2
"River" defined
Sec. 2. As used in this chapter, "river" means that part of a bodyof flowing water and adjacent land that is the subject of a rivercommission established under this chapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-3
Establishment; name; termination
Sec. 3. (a) The department may establish a river commission fora river designated as a natural, scenic, or recreational river underIC 14-29-6. An established river commission shall be known as the"_____________ River Commission".
(b) Each river commission shall be established for a period of four(4) years, at the end of which the river commission terminates. Aftertermination, a river commission may be reestablished any number oftimes.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-4
Election to participate
Sec. 4. The board of county commissioners of each countycontaining a river for which a river commission has been establishedmay elect that the county participate in the river commission.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-5
Membership of commission
Sec. 5. The membership of a river commission consists of thefollowing:
(1) The director or the director's designee.
(2) Two (2) individuals appointed for terms of four (4) years bythe board of commissioners of each participating county fromamong owners of land that is:
(A) within the county; and
(B) contiguous to the river.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-6
Vacancies Sec. 6. A vacancy on a river commission shall be filled for theunexpired term in the same manner as original appointments aremade.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-7
Voting
Sec. 7. Each member of a river commission is entitled to one (1)vote. Voting by proxy is not permitted.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-8
Service without compensation
Sec. 8. Members of a river commission serve withoutcompensation.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-9
Quorum
Sec. 9. A majority of the members of a river commissionconstitutes a quorum. The affirmative vote of a majority of themembers is necessary to issue a permit.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-10
First meeting
Sec. 10. As soon as possible after a river commission has beenestablished, the director shall designate the time and place of the firstmeeting.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-11
Officers
Sec. 11. (a) At the first meeting of a river commission, the rivercommission shall select the following:
(1) A chairman from the membership.
(2) Other officers that the river commission determines.
(b) The officers serve for terms of one (1) year.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-12
Bimonthly meetings
Sec. 12. (a) Each river commission shall hold not less than six (6)regular, bimonthly meetings at a time and place fixed at the initialmeeting.
(b) A river commission may hold special meetings that the rivercommission considers necessary.
(c) The chairman of a river commission may call special meetings.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-13
Employees
Sec. 13. Each river commission may:
(1) appoint;
(2) prescribe the duties of; and
(3) fix the compensation of;
the employees that are necessary for the discharge of the duties andresponsibilities of the river commission.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-14
Powers of commission
Sec. 14. Each river commission may do the following:
(1) Adopt a seal.
(2) Sue and be sued in the river commission's own name.
(3) Establish bylaws and rules for the river commission'sgovernment.
(4) Make and enter into all contracts or agreements.
(5) Do all things necessary or incidental to the performance ofthe powers and duties of the river commission under thischapter.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-15
Powers of members or employees
Sec. 15. A member or an employee of a river commission may dothe following:
(1) Conduct a hearing or an investigation.
(2) Take evidence.
(3) Report the evidence to the river commission forconsideration and action.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-16
Memorandum of understanding
Sec. 16. As soon as possible after the establishment of a rivercommission, the river commission and the department shall negotiatea memorandum of understanding for the management andpreservation of the natural and scenic qualities of the river.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-17
Cooperation with department
Sec. 17. Each river commission shall protect and enhance thenatural and scenic qualities of the river in cooperation with thedepartment.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-18
Permits required Sec. 18. A person may not substantially affect the natural orscenic qualities of a river that is the subject of a river commissionunless the person has secured a permit to do so from the rivercommission.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-19
Issuance of permits
Sec. 19. (a) After a hearing and subject to subsection (b), a rivercommission may issue a permit to a person to substantially affect thenatural or scenic qualities of the river if the river commission findsthe need of the person seeking the permit to be more compelling thanthe need of the people to have the natural and scenic qualities of theriver preserved.
(b) A permit may not be issued that substantially affects thenatural or scenic qualities of a river in a manner visible from five (5)feet above the water surface of the river at normal water levelbetween May 1 and October 15 of a year.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-20
Appeals
Sec. 20. A person adversely affected by a decision of a rivercommission may appeal the decision, de novo, to the circuit orsuperior court with jurisdiction in the county in which the affectedland is located.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-21
Structures existing when commission established
Sec. 21. The lawful use of a structure existing at the time of theeffective date of the establishment of a river commission:
(1) may be continued even though the use does not conform tothis chapter; and
(2) may be extended throughout the structure if a structuralalteration is not made, except those required by law.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-22
Permits issued before commission established
Sec. 22. This chapter does not require a change in the plans,construction, or designated use of a building for which a buildingpermit was issued before the river commission was established if thefollowing conditions are met:
(1) Construction is begun not later than ninety (90) days of thedate of the permit.
(2) The building is completed according to the plans not laterthan two (2) years from the date the river commission wasestablished.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-23
Property rights not affected
Sec. 23. The establishment of a river commission does not affectthe right of:
(1) the owner of land to sell; or
(2) the department to acquire;
an easement or other property interest under IC 14-29-6-13.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-24
Eminent domain
Sec. 24. The director may not use the power of eminent domainto acquire an easement under IC 14-29-6-13 on land subject to theauthority of a river commission.
As added by P.L.1-1995, SEC.22.
IC 14-29-7-25
Violations
Sec. 25. (a) If a river commission brings an action in the circuit orsuperior court with jurisdiction in the county in which the land islocated, the court shall order a person who violates section 18 of thischapter to be:
(1) enjoined from continuing the violation; and
(2) required to do the following:
(A) Remove a structure erected in violation of:
(i) this chapter; or
(ii) IC 13-2-27 (before its repeal).
(B) Restore the natural and scenic qualities of the riveraltered by the person's activities.
(C) Pay the costs of the action.
(b) In addition to the requirements of subsection (a), a person whoviolates section 18 of this chapter may be assessed a civil penalty of:
(1) at least ten dollars ($10); and
(2) not more than three hundred dollars ($300);
for each day the violation continues.
As added by P.L.1-1995, SEC.22.