CHAPTER 2. MAUMEE RIVER BASIN COMMISSION
IC 14-30-2
Chapter 2. Maumee River Basin Commission
IC 14-30-2-1
"Basin" defined
Sec. 1. As used in this chapter, "basin" refers to the MaumeeRiver basin.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to theMaumee River basin commission established by this chapter.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-3
"Maumee River basin" defined
Sec. 3. As used in this chapter, "Maumee River basin" means thearea in Indiana drained by the Maumee River and the tributaries ofthe Maumee River.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-4
"Participating county" defined
Sec. 4. As used in this chapter, "participating county" refers to acounty that joins the commission under section 7 of this chapter.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-5
"Plan" defined
Sec. 5. As used in this chapter, "plan" refers to a plan describedin section 14(1) of this chapter.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-6
Separate municipal corporation
Sec. 6. The Maumee River basin commission is established as aseparate municipal corporation.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-7
Participating county; designation
Sec. 7. The executive of a county that includes territory in theMaumee River basin may do the following:
(1) Elect to participate in the commission by designating thecounty as a participating county.
(2) Revoke the designation.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-8 Voting members
Sec. 8. The following shall serve as voting members of thecommission:
(1) Each member of the county executive for a participatingcounty.
(2) The executive director or, if a county does not have anexecutive director, the chairman of a soil and waterconservation 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.
As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.1.
IC 14-30-2-9
Repealed
(Repealed by P.L.142-1997, SEC.3.)
IC 14-30-2-10
Member designation and revocation
Sec. 10. (a) A member of the commission may:
(1) designate another individual to perform the duties of themember on the commission; and
(2) revoke the designation.
(b) A designation or a revocation of a designation under thissection must be filed with the commission to be effective.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-11
Officers
Sec. 11. (a) The commission shall annually elect from among thevoting 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 be elected andshall perform the duties specified in the commission's bylaws.
(c) The commission may establish other offices and determine themeans of filling the offices.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-12
Travel expenses and salary per diem
Sec. 12. (a) Each member of the commission is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.Money paid under this section may be paid only from the money
available to the commission.
(b) A county may pay members of the commission the salary perdiem provided by IC 4-10-11-2.1(b) for the performance of themember's duties on the commission.
As added by P.L.1-1995, SEC.23. Amended by P.L.142-1997, SEC.2.
IC 14-30-2-13
Powers of commission
Sec. 13. (a) The commission may do the following:
(1) Sue and be sued.
(2) Manage the commission's internal affairs.
(3) Employ staff.
(4) Enter into contracts to implement a cooperative agreementdescribed in section 14 of this chapter.
(5) Exercise the powers of a political subdivision specified ina cooperative agreement described in section 14 of this chapter.
(b) This section does not exempt the commission from any statute.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-14
Cooperative agreement between political subdivision and otherlegal entity
Sec. 14. A political subdivision in a participating county mayunder IC 36-1-7 enter into a cooperative agreement with thecommission and at least one (1) other legal entity to authorize thecommission to:
(1) develop a plan to control flooding in that part of the basinthat is described in the cooperative agreement;
(2) exercise any of the other powers of the political subdivisionto regulate water courses in the basin; or
(3) develop and promote good soil and water conservationpractices and procedures.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-15
Flood control
Sec. 15. In developing the plan, the commission shall determinethe best method and manner of establishing flood control, givingconsideration to the following:
(1) The reservoir method.
(2) The channel improvement method.
(3) The levee method.
(4) Flood plain regulation.
(5) All nonstructural methods.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-16
Public participation
Sec. 16. The commission shall give the public an opportunity toparticipate in the development of the plan.As added by P.L.1-1995, SEC.23.
IC 14-30-2-17
State approval
Sec. 17. Before the plan is implemented by a political subdivision,the plan must be approved by the state in accordance with IC 14-25through IC 14-29.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-18
Appropriations to carry out commission's responsibilities undercooperative agreement
Sec. 18. A political subdivision in a participating county mayappropriate money to the commission to carry out any of thecommission's responsibilities under a cooperative agreementdescribed in section 14 of this chapter. Money appropriated to thecommission that remains at the end of a year does not revert to thepolitical subdivision appropriating the money.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-19
Annual budget
Sec. 19. The commission shall prepare an annual budget for thecommission's operation and other expenditures under IC 6-1.1-17.However, the annual budget is not subject to review and modificationby the county board of tax adjustment of any county.Notwithstanding any other law, the budget of the commission shallbe treated for all other purposes as if the appropriate county board oftax adjustment had approved the budget.
As added by P.L.1-1995, SEC.23. Amended by P.L.224-2007,SEC.104; P.L.146-2008, SEC.426.
IC 14-30-2-20
Rules
Sec. 20. The commission may adopt rules to do the following:
(1) Require that increased water runoff resulting from newconstruction be impounded on the construction site.
(2) Permit the waiver of requirements of onsite waterimpoundment on payment of a reasonable fee by the developerof the new construction.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-21
Advisory committees
Sec. 21. The commission may appoint advisory committeesconsisting of individuals whose experience, training, or interest inthe program enables the committees to assist the commission. Amember of an advisory committee is not entitled to compensation forthe member's services.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-22
Powers pertaining to property
Sec. 22. (a) For the purposes of this chapter, the commission maydo the following:
(1) Acquire by grant, gift, purchase, or devise and dispose ofconservation easements under IC 32-23-5 in land within the onehundred (100) year flood plains and the wetlands in the basin.
(2) Acquire by grant, gift, purchase, or devise improvementswithin the one hundred (100) year flood plains of the basin forthe purpose of removal of those improvements.
(3) Adopt rules under IC 4-22-2 that restrict construction withinthe one hundred (100) year flood plains of the basin.
(4) Acquire, dispose, hold, use, improve, maintain, operate,own, manage, or lease real or personal property by grant, gift,purchase, or devise.
(b) The commission may exercise the powers granted by thissection as follows:
(1) For purposes of IC 32-23-5.
(2) To contribute to the following:
(A) Flood control.
(B) Flood damage reduction.
(C) Improvements in water quality.
(D) Soil conservation.
As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.63.
IC 14-30-2-23
Right of entry
Sec. 23. (a) The commission, board of directors, employees, orauthorized representatives of the commission acting under thischapter may:
(1) enter the land lying within the one hundred (100) year floodplain of any watercourse; and
(2) enter nonflood plain land to gain access to the flood plainland;
to investigate, examine, survey, or investigate suspected violationsof the Indiana flood control laws.
(b) The commission must give twenty-one (21) days writtennotice to:
(1) an affected landowner;
(2) a contract purchaser; or
(3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The noticemust state the purpose of the entry and that there is a right of appealunder this section.
(c) An affected landowner may, within the twenty-one (21) daynotice period under subsection (b), appeal to the commission theproposed necessity for entry. If an appeal is made, the commissionshall hold a hearing on the necessity for right of entry before theright of entry is exercised.
(d) A person acting under this section must use due care to avoid
damage to crops, fences, buildings, or other structures.
(e) The commission, board of directors, employees, or authorizedrepresentative of the commission acting under this chapter does notcommit criminal trespass under IC 35-43-2-2.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-24
Exemptions
Sec. 24. (a) This section does not apply to the following:
(1) The adoption of rules restricting construction within the onehundred (100) year flood plain.
(2) The acquisition of conservation easements underIC 32-23-5.
(3) The investigation of alleged violations of the Indiana floodcontrol laws.
(b) A power of the commission may not be exercised upon any ofthe following:
(1) A river included in the natural, scenic, or recreational riversystem under IC 14-29-6 or the river's associated one hundred(100) year flood plain.
(2) A nature preserve under IC 14-31-1.
As added by P.L.1-1995, SEC.23. Amended by P.L.2-2002, SEC.64.