Watershed development commission's right of entry
Ind. Code § 14-30.5-3.5-10
in effectSec. 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.
As added by P.L.104-2025, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026