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 board
of county commissioners has elected to participate in a river
commission.
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 body
of flowing water and adjacent land that is the subject of a river
commission 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 for
a river designated as a natural, scenic, or recreational river under
IC 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. After
termination, a river commission may be reestablished any number of
times.
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 county
containing a river for which a river commission has been established
may 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 the
following:
(1) The director or the director's designee.
(2) Two (2) individuals appointed for terms of four (4) years by
the board of commissioners of each participating county from
among 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 the
unexpired term in the same manner as original appointments are
made.
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 without
compensation.
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 commission
constitutes a quorum. The affirmative vote of a majority of the
members 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 been
established, the director shall designate the time and place of the first
meeting.
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 river
commission 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 initial
meeting.
(b) A river commission may hold special meetings that the river
commission 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 and
responsibilities 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's
government.
(4) Make and enter into all contracts or agreements.
(5) Do all things necessary or incidental to the performance of
the powers and duties of the river commission under this
chapter.
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 do
the following:
(1) Conduct a hearing or an investigation.
(2) Take evidence.
(3) Report the evidence to the river commission for
consideration 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 river
commission, the river commission and the department shall negotiate
a memorandum of understanding for the management and
preservation 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 the
natural and scenic qualities of the river in cooperation with the
department.
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 or
scenic qualities of a river that is the subject of a river commission
unless the person has secured a permit to do so from the river
commission.
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 river
commission may issue a permit to a person to substantially affect the
natural or scenic qualities of the river if the river commission finds
the need of the person seeking the permit to be more compelling than
the need of the people to have the natural and scenic qualities of the
river preserved.
(b) A permit may not be issued that substantially affects the
natural or scenic qualities of a river in a manner visible from five (5)
feet above the water surface of the river at normal water level
between 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 river
commission may appeal the decision, de novo, to the circuit or
superior court with jurisdiction in the county in which the affected
land 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 the
effective date of the establishment of a river commission:
(1) may be continued even though the use does not conform to
this chapter; and
(2) may be extended throughout the structure if a structural
alteration 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 building
permit was issued before the river commission was established if the
following conditions are met:
(1) Construction is begun not later than ninety (90) days of the
date of the permit.
(2) The building is completed according to the plans not later
than two (2) years from the date the river commission was
established.
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 affect
the 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 domain
to acquire an easement under IC 14-29-6-13 on land subject to the
authority 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 or
superior court with jurisdiction in the county in which the land is
located, the court shall order a person who violates section 18 of this
chapter 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 river
altered by the person's activities.
(C) Pay the costs of the action.
(b) In addition to the requirements of subsection (a), a person who
violates 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.