Sec. 10. (a) A watershed development commission, the board of the commission, an employee of the commission, or authorized representatives of the commission acting under this chapter may: (1) enter land lying within a five hundred (500) year flood plain, also known as a two-tenths of one percent (0.2%) annual chance of occurrence flood plain, in the commission's designated watershed; and (2) enter other land to gain access to the land described in subdivision (1); to investigate, examine, and survey the land or investigate suspected violations of the Indiana flood control laws. (b) Before exercising any of the powers conferred in subsection (a), the commission must give twenty-one (21) days oral or written notice: (1) to: (A) an affected landowner; (B) a contract purchaser; or (C) if the land is owned by a municipality, the executive of the municipality; and (2) that states: (A) the purpose of the entry; and (B) that there is a right of appeal under this section. (c) A person described in subsection (b)(1) 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 subsection (a) must use due care to avoid damage to crops, fences, buildings, or other structures. (e) A person listed in subsection (a) acting under this chapter does not commit criminal trespass under IC 35-43-2-2 . IC 14-30.5-4 Chapter 4. Governance of a Watershed Development Commission 14-30.5-4-1 Members of the board of a watershed development commission 14-30.5-4-2 Officers of a watershed development commission; executive director 14-30.5-4-3 Meetings of the board of a watershed development commission 14-30.5-4-4 Salary per diem of board members 14-30.5-4-5 Advisory committee; members; exception for St. Joseph River basin commission if transformed 14-30.5-4-6 Ad hoc advisory committees 14-30.5-4-7 Advisory committee members serve without compensation
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