1. (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. (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. (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.

2. (b) Before exercising any of the powers conferred in subsection (a), the commission must give twenty-one (21) days oral or written notice:

   1. (1) to:

      1. (A) an affected landowner;
      2. (B) a contract purchaser; or
      3. (C) if the land is owned by a municipality, the executive of the municipality; and

   2. (2) that states:

      1. (A) the purpose of the entry; and
      2. (B) that there is a right of appeal under this section.
3. (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.
4. (d) A person acting under subsection (a) must use due care to avoid damage to crops, fences, buildings, or other structures.
5. (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.