2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT CHAPTER 13.5. SHORELINE DEVELOPMENT
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IC 36-7-13.5
Chapter 13.5. Shoreline Development
IC 36-7-13.5-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Commission" refers to the Lake Michigan marina and
shoreline development commission established by section 2 of
this chapter.
(2) "Corridor" means the strip of land in Indiana abutting Lake
Michigan and the tributaries of Lake Michigan.
(3) "Environmental fund" refers to the shoreline environmental
trust fund established by section 19 of this chapter.
(4) "Environmental grant" means a grant from the
environmental fund.
(5) "Qualifying property" means one (1) or more parcels of land
in the corridor under common ownership, regardless of whether
any improvements are located on the land, with respect to
which:
(A) the:
(i) land is unused, if there are no improvements on the
land; or
(ii) land and improvements are unused;
(B) all or a part of each parcel of the land is located within
five hundred (500) yards of a lake or river; and
(C) there are significant obstacles to redevelopment because
of any of the following:
(i) Obsolete or inefficient buildings.
(ii) Aging infrastructure or inefficient utility services.
(iii) Utility relocation requirements.
(iv) Transportation or access problems.
(v) Topographical obstacles.
(vi) Environmental contamination.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.127.
IC 36-7-13.5-2
Establishment
Sec. 2. The Lake Michigan marina and shoreline development
commission is established.
As added by P.L.31-2001, SEC.1. Amended by P.L.33-2008, SEC.1;
P.L.197-2011, SEC.128.
IC 36-7-13.5-3
Members
Sec. 3. The commission consists of the following members:
(1) The following voting members:
(A) The mayor of East Chicago.
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(B) The mayor of Gary.
(C) The mayor of Hammond.
(D) The mayor of Michigan City.
(E) The mayor of Portage.
(F) The mayor of Whiting.
(G) Two (2) members, each representing and appointed by
a different steel company that owns land abutting Lake
Michigan with a continuous shoreline of not less than one
(1) mile.
(H) One (1) member to represent and to be appointed by a
company that:
(i) is not a steel company; and
(ii) owns land abutting Lake Michigan with a continuous
shoreline of not less than three-tenths (0.3) mile.
(I) One (1) member appointed jointly by the executives of
the following municipalities:
(i) Beverly Shores.
(ii) Dune Acres.
(iii) Ogden Dunes.
(J) One (1) member appointed jointly by the executives of
the following municipalities:
(i) Burns Harbor.
(ii) Chesterton.
(iii) Porter.
(K) One (1) member appointed by a public utility that owns
real property that:
(i) is located in the counties contiguous to Lake Michigan;
and
(ii) has a total assessed value that exceeds the total
assessed value of real property in the counties contiguous
to Lake Michigan that is owned by any other public utility.
(L) Two (2) members appointed by the speaker of the house
of representatives who:
(i) are members of the house of representatives;
(ii) represent house districts that have territory within the
corridor; and
(iii) are not affiliated with the same political party.
If the requirement under item (iii) cannot be satisfied, the
speaker may disregard the requirement under item (iii) when
appointing members under this clause.
(M) Two (2) members appointed by the president pro
tempore of the senate who:
(i) are members of the senate;
(ii) represent senate districts that have territory within the
corridor; and
(iii) are not affiliated with the same political party.
If the requirement under item (iii) cannot be satisfied, the
president pro tempore may disregard the requirement under
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item (iii) when appointing members under this clause.
(2) The following nonvoting members:
(A) One (1) member to represent the department of
environmental management, appointed by the governor.
(B) One (1) member to represent the department of natural
resources, appointed by the governor.
(C) One (1) member to represent the Indiana department of
transportation, appointed by the governor.
(D) One (1) member appointed by the executive of the
Indiana Dunes National Lakeshore.
(E) The port director of the Port of Indiana-Burns Harbor.
(F) One (1) member appointed by the Lake County
Convention and Visitors Bureau.
(G) One (1) member appointed by the LaPorte County
Convention and Visitors Bureau.
(H) One (1) member appointed by the Porter County
Convention Recreation and Visitor Commission.
As added by P.L.31-2001, SEC.1. Amended by P.L.33-2008, SEC.2;
P.L.159-2011, SEC.48; P.L.197-2011, SEC.129; P.L.6-2012,
SEC.243.
IC 36-7-13.5-4
Steel company representatives; designation of member to serve for
current member
Sec. 4. (a) The members of the commission referred to in section
3(1)(G) of this chapter and their designees may not represent the
same steel company.
(b) A member of the commission may designate an individual to
serve on the commission in the member's place.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.130.
IC 36-7-13.5-5
Terms
Sec. 5. The term of each member is two (2) years.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-6
Vacancies
Sec. 6. A vacancy occurring in the membership of the commission
shall be filled by the appointing authority.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-7
Per diem; mileage and travel allowances
Sec. 7. (a) Each member of the commission who is a state
employee but who is not a member of the general assembly is
entitled to reimbursement for traveling expenses as provided in the
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rules adopted under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided in the rules adopted under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-8
Required majority
Sec. 8. (a) A quorum of the commission must be present to
conduct the commission's business. A quorum consists of a majority
of the voting members of the commission.
(b) The affirmative votes of a majority of the voting members of
the commission are required for the commission to take action on
any measure.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.131.
IC 36-7-13.5-9
Repealed
(As added by P.L.31-2001, SEC.1. Repealed by P.L.197-2011,
SEC.153.)
IC 36-7-13.5-10
Meetings
Sec. 10. (a) The commission:
(1) shall fix the time for regular meetings; and
(2) may hold special meetings on call of the chairman with
seven (7) days written notice.
(b) A member may waive written notice of a specific meeting by
a written notice filed with the commission.
As added by P.L.31-2001, SEC.1.
IC 36-7-13.5-11
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Commission authority
Sec. 11. (a) The commission may do the following:
(1) Identify qualifying properties.
(2) Prepare a comprehensive environmental master plan for
development and redevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportation
issues relating to environmental contamination; and
(C) establishes priorities for development or redevelopment
of qualifying properties.
(3) Establish guidelines for the evaluation of applications for
environmental grants from the environmental fund.
(4) After reviewing a report from the department of
environmental management under section 22 of this chapter,
make decisions on applications for environmental grants from
the environmental fund under section 21 of this chapter.
(5) Prepare and provide information to political subdivisions on
the availability of financial assistance from the environmental
fund.
(6) Coordinate the implementation of the comprehensive
environmental master plan.
(7) Monitor the progress of implementation of the
comprehensive environmental master plan.
(8) Report to the governor, the lieutenant governor, the Indiana
economic development corporation, the legislative council, the
budget committee, and all political subdivisions that have
territory within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensive
environmental master plan.
A report provided under this subdivision to the legislative
council must be in an electronic format under IC 5-14-6.
(9) Study various plans and recommendations that are proposed
concerning marina development along the corridor. Based on
these studies, the commission shall do the following:
(A) Prepare a comprehensive marina plan.
(B) Recommend state and local legislation for the
development of marinas along the corridor.
(C) Coordinate the implementation of the marina plan and
legislation.
(10) Make marina grants of money to units of local government
for the construction or improvement of a marina in the corridor
if the grants are consistent with the marina plans, standards, and
criteria established by the commission.
(b) It is the goal of marina projects under this chapter to create
employment in the private sector.
As added by P.L.31-2001, SEC.1. Amended by P.L.1-2002, SEC.160;
P.L.28-2004, SEC.181; P.L.4-2005, SEC.133; P.L.197-2011,
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SEC.132; P.L.219-2014, SEC.36.
IC 36-7-13.5-12
Powers
Sec. 12. (a) When necessary to accomplish the purposes of the
commission, the commission may do the following:
(1) Conduct studies necessary for the performance of the
commission's duties.
(2) Publicize, advertise, and distribute reports on the
commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the
commission's functions and objectives to the following:
(A) Political subdivisions that have territory within the
corridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs
and activities of other public and private agencies that are
related to the commission's objectives.
(5) Receive grants and appropriations from the following:
(A) Federal, state, and local governments.
(B) Individuals.
(C) Foundations.
(D) Other organizations.
(6) Enter into agreements or contracts regarding the acceptance
or use of these grants and appropriations for the purpose of
carrying out the commission's activities under this chapter.
(7) Acquire and dispose of real or personal property by grant,
gift, purchase, lease, devise, or otherwise.
(8) Hold, use, improve, maintain, operate, own, manage, or
lease as lessor or lessee:
(A) real or personal property; or
(B) any interest in real or personal property.
(9) Employ an executive director and other individuals who are
necessary to carry out the commission's duties.
(10) Contract for staff services with:
(A) qualified agencies or individuals; or
(B) a regional planning commission established under
IC 36-7-7.
(11) Appoint advisory committees, which may include
representatives of the following:
(A) Municipal parks.
(B) County parks.
(C) National parks.
(D) Port authorities.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.133.
IC 36-7-13.5-13
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Repealed
(As added by P.L.31-2001, SEC.1. Repealed by P.L.197-2011,
SEC.153.)
IC 36-7-13.5-14
Executive committee; officers
Sec. 14. (a) The commission shall elect the following officers
from among the voting members of the commission:
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) Each officer serves a term of one (1) year beginning July 1 of
each year.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.134.
IC 36-7-13.5-15
Repealed
(As added by P.L.31-2001, SEC.1. Repealed by P.L.197-2011,
SEC.153.)
IC 36-7-13.5-16
Repealed
(As added by P.L.31-2001, SEC.1. Repealed by P.L.197-2011,
SEC.153.)
IC 36-7-13.5-17
Executive committee; duties
Sec. 17. The commission shall:
(1) carry out all functions related to the provision of
environmental grants to political subdivisions from the
environmental fund and marina grants for the purposes set forth
in this chapter;
(2) review each environmental grant application described in
section 11 of this chapter, including the report received from the
department of environmental management under section 22 of
this chapter, to determine whether to approve an environmental
grant;
(3) determine the amount of each environmental grant to a
political subdivision approved by the commission;
(4) approve, with appropriate signatures, each environmental
grant that the commission determines to make under this
chapter; and
(5) prepare and adopt by majority vote an annual budget for
carrying out the activities of the commission.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.135.
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IC 36-7-13.5-18
Executive committee; budget; expenditures
Sec. 18. (a) After approval of the budget by the commission,
money may be expended only as budgeted, unless a majority vote of
the commission authorizes other expenditures.
(b) Appropriated money remaining unexpended or unencumbered
at the end of the year and not otherwise restricted by law or
agreement becomes part of a nonreverting cumulative fund to be held
in the name of the commission. The commission may authorize
unbudgeted expenditures from this fund by a majority vote of the
commission. However, unencumbered money appropriated from the
environmental fund at the end of a budget year reverts to the
environmental fund.
(c) The treasurer of the commission is responsible for the
safekeeping and deposit of money the commission receives under
this chapter. The state board of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission. The commission
may establish the funds and the accounts that the commission
determines necessary to operate the commission.
(d) The treasurer of the commission may receive, disburse, and
handle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the commission.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.136.
IC 36-7-13.5-19
Shoreline environmental trust fund
Sec. 19. The shoreline environmental trust fund is established to
provide a source of money for the following:
(1) The rehabilitation, redevelopment, and reuse of qualifying
property by providing environmental grants to political
subdivisions to conduct any of the following activities:
(A) Identification and acquisition of qualifying property
within a political subdivision.
(B) Environmental assessment of identified qualifying
property and other activities necessary or convenient to
complete the environmental assessments.
(C) Remediation of environmental contamination conducted
on qualifying property.
(D) Clearance of real property under IC 36-7-14-12.2 or
IC 36-7-15.1-7 in connection with remediation activities.
(E) Other activities necessary or convenient to return
qualified property to full use.
(2) Payment of the share of the operations of the commission,
as determined by the commission.
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As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.137.
IC 36-7-13.5-20
Fund; administration; expenditures; investment of money
Sec. 20. (a) The budget agency shall:
(1) administer the environmental fund; and
(2) report to the commission semiannually:
(A) revenue receipted to the environmental fund;
(B) distributions from the environmental fund; and
(C) the balance in the environmental fund.
(b) The following shall be paid from money in the environmental
fund:
(1) The expenses of administering the environmental fund.
(2) Environmental grants approved by the commission under
section 17 of this chapter.
(3) The amount budgeted from the environmental fund by the
commission for the operations of the commission.
(c) The environmental fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Environmental grants and gifts intended for deposit in the
environmental fund.
(3) Interest, gains, or other earnings of the environmental fund.
(d) The budget agency shall invest the money in the
environmental fund not currently needed to meet the obligations of
the environmental fund in the same manner as other public funds
may be invested. Interest, gains, or other earnings from these
investments shall be credited to the environmental fund.
(e) As an alternative to subsection (d), the budget agency may
invest or cause to be invested all or a part of the environmental fund
in a fiduciary account with a trustee that is a financial institution.
Notwithstanding any other law, any investment may be made by the
trustee in accordance with at least one (1) trust agreement or
indenture. A trust agreement or indenture may allow disbursements
by the trustee to the budget agency as provided in the trust agreement
or indenture. The budget agency and the state board of finance must
approve any trust agreement or indenture before its execution.
(f) Money in the environmental fund at the end of a state fiscal
year does not revert to the state general fund.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.138.
IC 36-7-13.5-21
Grants from fund to political subdivisions
Sec. 21. (a) Before a political subdivision may receive an
environmental grant from the environmental fund, the political
subdivision must submit to the department of environmental
management and the commission the following:
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(1) An environmental grant application, in the form prescribed
by the department of environmental management and the
commission, that:
(A) identifies the qualifying property;
(B) includes any ordinances, resolutions, or other
documentation of the political subdivision's determination to
submit the environmental grant application;
(C) identifies the entity from which the qualifying property
has been acquired or will be acquired by the political
subdivision;
(D) specifies the cost of acquisition of the qualifying
property to the political subdivision, if any;
(E) identifies any environmental contamination of the
qualifying property that will be subject to remediation;
(F) specifies the environmental remediation objectives with
respect to the qualifying property;
(G) estimates all costs the political subdivision will incur
with respect to the qualifying property;
(H) evaluates the prospect for conveyance of the qualifying
property for use by a private or public entity; and
(I) includes a schedule of all actions taken or to be taken by
the political subdivision with respect to the qualifying
property between the time of acquisition and the anticipated
time of conveyance by the political subdivision.
(2) Documentation of community and neighborhood comment
concerning the use of a qualifying property on which
environmental remediation activities will be undertaken after
environmental remediation activities are completed.
(b) A political subdivision may apply for an environmental grant
under this section for activities under this chapter with respect to:
(1) qualifying property previously acquired by the political
subdivision by:
(A) purchase; or
(B) donation from a private or public entity; or
(2) qualifying property to be acquired using environmental
grant money.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.139.
IC 36-7-13.5-22
Duties of department of environmental management
Sec. 22. The department of environmental management shall do
the following under this chapter:
(1) Upon receipt of an environmental grant application from a
political subdivision under section 21 of this chapter with
respect to a qualifying property, evaluate the technical aspects
of the political subdivision's:
(A) environmental assessment of the property; and
Indiana Code 2016
(B) proposed environmental remediation with respect to the
property.
(2) Submit to the commission a report of its evaluation under
subdivision (1).
(3) Evaluate the technical aspects of the political subdivision's
environmental remediation activities conducted on qualifying
properties.
(4) Act as a liaison with the United States Environmental
Protection Agency.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.140.
IC 36-7-13.5-23
Priority ranking system for grants
Sec. 23. The commission shall develop a priority ranking system
for making environmental grants under this chapter based on the
following:
(1) The comprehensive environmental master plan.
(2) Socioeconomic distress in an area, as determined by the
poverty level and unemployment rate in the area.
(3) The technical evaluation by the department of
environmental management under section 22 of this chapter.
(4) Other factors determined by the commission, including the
following:
(A) The number and quality of jobs that would result from
reuse of the qualifying property.
(B) Housing, recreational, and educational needs of
communities.
(C) Any other factors the commission determines will assist
in the implementation of this chapter.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.141.
IC 36-7-13.5-24
Acceptable usages of grants
Sec. 24. (a) Based on the priority ranking system established
under section 23 of this chapter, the commission may make
environmental grants from the environmental fund to political
subdivisions under this section.
(b) An environmental grant must be used for at least one (1) of the
purposes set forth in section 19 of this chapter and may be used to
pay consultant, advisory, and legal fees and any other costs or
expenses resulting from the assessment, planning, or environmental
remediation of a qualifying property.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.142.
IC 36-7-13.5-25
Indiana Code 2016
Property donations
Sec. 25. If:
(1) a private entity offers a political subdivision a donation of
property for which the political subdivision intends to submit an
environmental grant application under section 21 of this
chapter; and
(2) the donation of the property is conditioned on obtaining
from the state a covenant not to sue the private entity for any
potential liability arising under state law associated with
environmental contamination of the property;
the political subdivision may request that the commission seek the
covenant not to sue from the governor. The governor may execute a
covenant not to sue under this section.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.143.
IC 36-7-13.5-26
Adoption of guidelines
Sec. 26. The commission may adopt guidelines or guidance
documents to implement this chapter without complying with
IC 4-22-2.
As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011,
SEC.144.
IC 36-7-13.5-27
No limitation on power to develop or improve a port, terminal, or
lakefront facility
Sec. 27. This chapter does not limit the power of a participating
county, township, port authority, or municipal corporation to develop
or improve a port, terminal, or lakefront facility.
As added by P.L.197-2011, SEC.145.
Indiana Code 2016
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