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 Maumee
River 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 the
Maumee 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 the
area in Indiana drained by the Maumee River and the tributaries of
the 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 a
county 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 described
in 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 a
separate 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 the
Maumee River basin may do the following:
(1) Elect to participate in the commission by designating the
county 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 the
commission:
(1) Each 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 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.
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Repealed
(Repealed by P.L.142-1997, SEC.3.)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 the
member on the commission; and
(2) revoke the designation.
(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.1-1995, SEC.23.
IC 14-30-2-11
Officers
Sec. 11. (a) The 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 be elected and
shall perform the duties specified in the commission's bylaws.
(c) The commission may establish other offices and determine the
means 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 to
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 this section may be paid only from the money
available to the commission.
(b) A county may pay members of the 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.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 agreement
described in section 14 of this chapter.
(5) Exercise the powers of a political subdivision specified in
a 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 other
legal entity
Sec. 14. A political subdivision in a participating county may
under IC 36-1-7 enter into a cooperative agreement with the
commission and at least one (1) other legal entity to authorize the
commission to:
(1) develop a plan to control flooding in that part of the basin
that is described in the cooperative agreement;
(2) exercise any of the other powers of the political subdivision
to regulate water courses in the basin; or
(3) develop and promote good soil and water conservation
practices 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 determine
the best method and manner of establishing flood control, giving
consideration 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 to
participate 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 14-25
through IC 14-29.
As added by P.L.1-1995, SEC.23.
IC 14-30-2-18
Appropriations to carry out commission's responsibilities under
cooperative agreement
Sec. 18. A political subdivision in a participating county may
appropriate money to the commission to carry out any of the
commission's responsibilities under a cooperative agreement
described in section 14 of this chapter. Money appropriated to the
commission that remains at the end of a year does not revert to the
political 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 the
commission's operation and other expenditures under IC 6-1.1-17.
However, the annual budget is not subject to review and modification
by the county board of tax adjustment of any county.
Notwithstanding any other law, the budget of the commission shall
be treated for all other purposes as if the appropriate county board of
tax 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 new
construction be impounded on the construction site.
(2) Permit the waiver of requirements of onsite water
impoundment on payment of a reasonable fee by the developer
of 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 committees
consisting of individuals whose experience, training, or interest in
the program enables the committees to assist the commission. A
member of an advisory committee is not entitled to compensation for
the 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 may
do the following:
(1) Acquire by grant, gift, purchase, or devise and dispose of
conservation easements under IC 32-23-5 in land within the one
hundred (100) year flood plains and the wetlands in the basin.
(2) Acquire by grant, gift, purchase, or devise improvements
within the one hundred (100) year flood plains of the basin for
the purpose of removal of those improvements.
(3) Adopt rules under IC 4-22-2 that restrict construction within
the 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 this
section 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, 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; and
(2) enter nonflood plain land to gain access to the flood plain
land;
to investigate, examine, survey, or investigate suspected violations
of the Indiana flood control laws.
(b) The commission must give twenty-one (21) days written
notice 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 notice
must state the purpose of the entry and that there is a right of appeal
under this section.
(c) An affected landowner may, within the twenty-one (21) day
notice period under subsection (b), appeal to the commission the
proposed necessity for entry. If an appeal is made, the commission
shall hold a hearing on the necessity for right of entry before the
right 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 authorized
representative of the commission acting under this chapter does not
commit 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 one
hundred (100) year flood plain.
(2) The acquisition of conservation easements under
IC 32-23-5.
(3) The investigation of alleged violations of the Indiana flood
control laws.
(b) A power of the commission may not be exercised upon any of
the following:
(1) A river included in the natural, scenic, or recreational river
system 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.