1. (a) The board of a watershed development commission consists of the following individuals:

   1. (1) If the designated watershed includes the Maumee River basin the following:

      1. (A) The director of the department or the director's designee.

      2. (B) The county surveyor of each county that:

         1. (i) is a member of the commission; and
         2. (ii) is entitled to membership on the board.

      3. (C) A member of the county executive from each county that:

         1. (i) is a member of the commission; and

         2. (ii) is entitled to membership on the board;

            or the member's designee.

      4. (D) One (1) individual who represents each second class city that is located in a participating county and within the basin, appointed by:

         1. (i) the board of storm water management (as described in IC 8-1.5-5-4 ) of the second class city; or
         2. (ii) if the second class city has no board of storm water management, the executive of the second class city.
      5. (E) A member of the county soil and water conservation district board from each participating county within the basin or the member's designee.

   2. (2) If the designated watershed does not include a basin described in subdivision (1), the following:

      1. (A) The director of the department or the director's designee.

      2. (B) The county surveyor of each county that:

         1. (i) is a member of the commission; and
         2. (ii) is entitled to membership on the board.

      3. (C) An individual other than the county surveyor representing each county that:

         1. (i) is a member of the commission; and

         2. (ii) is entitled to membership on the board;

            appointed by the county executive.

      4. (D) Either:

         1. (i) one (1) individual appointed to represent each second class city that is located in a participating county and within the basin; or

         2. (ii) if a participating county does not include a second class city that is located within the basin, one (1) individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the basin.

            An individual appointed to represent a second class city under item (i) shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4 ) of the second class city or, if the second class city has no board of storm water management, by the executive of the second class city. An individual appointed under item (ii) to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the basin shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4 ) of the municipality or, if the municipality has no board of storm water management, by the executive of the municipality.

            All of the members of the board of a commission to which this subsection applies are voting members.

2. (b) The executive of a county described in subsection (a)(2)(C) shall appoint the individual to represent the county on the board of the commission under subsection (a)(2)(C). However, if the position of an individual appointed under subsection (a)(2)(C) becomes vacant, the county surveyor of the county shall represent the county on the board under subsection (a)(2)(C) until a new appointment is made by the county executive under subsection (a)(2)(C). The executive of a county described in subsection (a)(1)(C) may appoint an individual as a designee to represent the county on the board of the commission under subsection (a)(1)(C). However, if the position of an individual appointed under subsection (a)(1)(C) becomes vacant, the county surveyor of the county shall represent the county on the board under subsection (a)(1)(C) until a new appointment is made by the county executive under subsection (a)(1)(C).

3. (c) An individual appointed or designated to represent a county on the board of a watershed development commission under subsection (a)(1)(C) or (a)(2)(C):

   1. (1) must have a background in construction, project management, flood damage reduction, drainage, or a similar professional background; and
   2. (2) must reside in the county.

4. (d) The term of office of an individual appointed or designated under subsection (a)(1)(C) or (a)(2)(C):

   1. (1) is four (4) years; and
   2. (2) continues until the individual's successor is appointed.
5. (e) An individual appointed under subsection (a)(1)(B) or (a)(2)(B) is eligible for reappointment.

As added by P.L.251-2023, SEC.13. Amended by P.L.104-2025, SEC.6.