Indiana § 14-13-9-18 - Plan for flood control and drainage; exclusive authority; emergency

§ 14-13-9-18. Plan for flood control and drainage; exclusive authority; emergency

Sec. 18. (a) The commission:

(1) shall develop a plan regarding flood control and drainage within the basin;

(2) shall, after June 30, 2019, have exclusive authority to implement drainage and flood control activities within the channels of the Kankakee River and the Yellow River and within the area extending seventy-five (75) feet from the top of each bank of each river;

(3) may participate in the flood control program established under IC 5-1.2-13; and

(4) may acquire interests in land, including easements, for the commission's use in:

(A) providing flood storage; and

(B) the construction of levees and other flood control improvements.

(b) The commission's exclusive authority to implement drainage and flood control activities under subsection (a)(2) includes the authority to do the following:

(1) Bank stabilization.

(2) Tree removal.

(3) The construction and operation of sand traps.

(4) Channel reconstruction.

(5) Sediment removal.

(6) Acquire, construct, and maintain access roads to levees and the channel of each river.

(7) Other actions considered necessary by the commission to carry out this chapter.

(c) A county must first obtain authorization of the commission before performing any work within the area described in subsection (a)(2), unless the county must perform the work in response to an emergency.

As added by P.L.282-2019, SEC.8.