reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages

Sec. 50. When the county surveyor files a reconstruction report, the county surveyor shall consult with the board, and the board shall take the following actions:
(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the county surveyor's report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
(2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:
(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the county surveyor's report;
(B) the amount of each owner's damages; and
(C) an explanation of the injury upon which the determination was based.
The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the reconstruction.
(3) Set forth the amount of each owner's assessment based on the total estimated cost of the reconstruction.
(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment.
The board may consider the factors listed in section 112 of this chapter in preparing the schedules.
[Pre-Local Government Recodification Citation: 19-4-3-2.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.341.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments

Sec. 51. Whenever it becomes necessary to reconstruct a regulated drain that has become inadequate due to an increased flow of drainage resulting, in whole or in part, from a change in land use by one (1) or more owners of land affected by the drain, the board shall consider that fact in assessing benefits to pay the cost of the reconstruction, and the owner or owners necessitating the reconstruction shall be assessed accordingly.
[Pre-Local Government Recodification Citation: 19-4-6-9.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-52.5. Authorization for Reconstruction of Regulated Drain

Sec. 52.5. (a) If:
(1) a proposed project for the reconstruction of a regulated drain is presented to the board for approval;
(2) the proposed project consists exclusively of the relocation of a regulated drain from one (1) site on property owned by a person to another site on property owned by the same person;
(3) the specifications for the project have been approved by the county surveyor;
(4) the project will be completed under the supervision of the county surveyor;
(5) the person who owns the property on which the regulated drain will be relocated will pay the entire cost of the project;
(6) the county surveyor has investigated whether any other owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project, and has communicated the results of the investigation to the board;
(7) the board finds that no owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project; and
(8) the board, at a public meeting, votes to approve the proposed project;
the board may issue an order authorizing the reconstruction of a regulated drain.
(b) The board may issue an order authorizing the reconstruction of a regulated drain under subsection (a) without:
(1) the preparation and filing of a reconstruction report under sections 49 and 50 of this chapter;
(2) the preparation by the county surveyor of a schedule of damages and assessments under section 50 of this chapter; and
(3) a hearing on the reconstruction report and the schedules of damages and assessments under section 52 of this chapter.
As added by P.L.273-1995, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure

Sec. 53. (a) Whenever:
(1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;
(2) one (1) or more other regulated drains in the same watershed are in need of reconstruction;
(3) the board finds that no substantial injustice would result from treating the drains as a single drain; and
(4) the board has given notice and a hearing to the owners of affected land;
the board may issue an order combining the drains.
(b) The notice shall be published:
(1) at least once; and
(2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;
in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.
(c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.
[Pre-Local Government Recodification Citation: 19-4-3-7.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-55. Establishing New Regulated Drains; Inspection and Preliminary Report by County Surveyor

Sec. 55. When the county surveyor has accepted a petition and marked it filed under section 54 of this chapter, the county surveyor shall make a personal inspection of the land described in the petition and file with the board a written preliminary report stating:
(1) whether the proposed drain is practicable;
(2) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility; and
(3) whether the costs, damages, and expenses of the proposed drain will probably be less than the benefits accruing to the owners of land likely to be benefited.
In determining whether the proposed drain is practicable, the county surveyor may consider changing the route of the proposed drain from that set forth in the petition to conform with sound engineering principles.
[Pre-Local Government Recodification Citation: 19-4-2-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.344.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-56. Establishing New Regulated Drains; Negative Findings by Surveyor; Procedure

Sec. 56. (a) If the county surveyor's report concerning any of the three (3) subdivisions of section 55 of this chapter is wholly in the negative, the board shall have a copy of the county surveyor's preliminary report served upon the attorney for the petitioner.
(b) Within twenty (20) days after service is made under subsection (a), the petitioner may file with the board written objections to the report, along with written evidence in support of the objections.
(c) The board shall consider any objections and written evidence filed by petitioner, and may then adopt the county surveyor's preliminary report as filed or amend it as justice may require. However, if the board finds that the report concerning any of the three (3) subdivisions of section 55 of this chapter should be wholly in the negative, it shall dismiss the petition, whether or not the petitioner has filed objections and evidence.
(d) The board shall serve a copy of its findings and the notice of dismissal, if any, on the attorney for the petitioner. The petitioner may file an appeal from the order of the board under section 106 of this chapter within twenty (20) days after service of the order on the petitioner's attorney.
[Pre-Local Government Recodification Citation: 19-4-2-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.345.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition

Sec. 58. (a) Within seven (7) days after the attorney for the petitioner is served with notice of a hearing under section 57(e) of this chapter, the attorney for the petitioner shall prepare a written notice setting forth:
(1) the fact of the filing and pendency of the petition;
(2) the name and identifying number by which the petition is known;
(3) the general route of the proposed drain; and
(4) the date, hour, and place of the hearing before the board.
(b) The attorney for the petitioner shall, within the seven (7) day period, mail a copy of the notice in a five (5) day return envelope to each owner named in the petition.
(c) The attorney for the petitioner shall have a copy of the notice published in accordance with IC 5-3-1. The published notice shall be directed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered.
(d) On or before the day of the hearing, the attorney for the petitioner shall file with the board affidavits showing the mailing of the notices under subsection (b) and the publication of notice under subsection (c). The mailing and publication of the notice under this section constitute public notice to all owners of the pendency of the petition, whether or not they were individually named and notified, and are sufficient to give the board jurisdiction over those owners.
[Pre-Local Government Recodification Citation: 19-4-2-7.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.79; P.L.127-2017, SEC.347.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition

Sec. 59. (a) At least five (5) days before the board's hearing on a petition to establish a new regulated drain, one (1) or more persons who own two-thirds (2/3) in the area of the acreage and fifty-one percent (51%) of the assessed valuation of the land named in the petition, or that may be affected by an assessment of benefits or damages, may file with the board a written remonstrance, signed by each remonstrator, against the construction of the proposed drain.
(b) At least five (5) days before the board's hearing on a petition to establish a new regulated drain, any person named in the petition as the owner of land likely to be affected by the proposed drain may object to any member of the board acting in the proceedings to establish the drain, if that member has an interest in any of the land described in the petition. The objection must be in writing, filed with the board, and verified by the signer.
[Pre-Local Government Recodification Citation: 19-4-2-8.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-60. Establishing New Regulated Drains; Hearing on Petition; Consideration of Remonstrances and Objections

Sec. 60. (a) At its hearing on a petition to establish a new regulated drain, the board shall consider:
(1) any remonstrance filed under section 59(a) of this chapter; and
(2) any objection filed under section 59(b) of this chapter.
(b) If the board finds that a proper remonstrance has been filed, it may dismiss the petition. If the board does not dismiss the petition, it shall forward the petition to the county surveyor for a final report.
(c) If the board finds that a proper objection has been filed, the person against whom the objection is made shall disqualify himself or herself from any further action in the proceedings to establish the drain.
[Pre-Local Government Recodification Citation: 19-4-2-9.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.26; P.L.127-2017, SEC.348.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-61. Establishing New Regulated Drains; Referral of Final Report to County Surveyor; County Surveyor's Duties

Sec. 61. When the board refers a petition to the county surveyor for a final report under section 60(b) of this chapter, the county surveyor shall do the following:
(1) Make the necessary survey for the proposed drain.
(2) Prepare plans for structures other than bridges or culverts crossing a railroad right-of-way or a highway owned by the state. In preparing the plans, the county surveyor shall include all appurtenances needed to complete the proposed drain.
(3) Prepare maps showing the location of the land proposed to be assessed.
(4) Prepare profiles showing the cuts and gradient of the proposed work.
(5) Determine the best and cheapest method of drainage, which may be by:
(A) removing obstructions from a natural or artificial watercourse;
(B) diverting a natural or artificial watercourse from its channel;
(C) deepening, widening, or changing the channel of a natural or artificial watercourse;
(D) constructing an artificial channel, with or without arms or branches;
(E) tiling all or part of an open drain;
(F) converting all or part of a tiled drain to an open drain;
(G) constructing a new drain as a part or the whole of the work; or
(H) any combination of these methods.
(6) Determine and describe the termini, route, location, and character of the proposed work, including grades, bench marks, and all necessary arms. The county surveyor may vary the line of the work from the line described in the petition, and the county surveyor may fix the beginning and outlet so as to secure the best results.
(7) Divide the proposed drain into sections of not more than one hundred (100) feet in length, and compute and set out the number of cubic yards of excavation in each section.
(8) Estimate the cost of the proposed drain, including construction, seeding or sodding of disturbed areas and the banks of open drains, notices, advertising, and the attorney's fee for the petitioner's attorney. The amount of the attorney's fee is computed as follows:
(A) If the estimated cost of constructing the drain is less than one thousand five hundred dollars ($1,500), the fee is fifteen percent (15%) of that cost.
(B) If the estimated construction cost is one thousand five hundred dollars ($1,500) or more, but less than twenty-five thousand dollars ($25,000), the fee is two hundred twenty-five dollars ($225) plus five percent (5%) of the amount by which that cost exceeds one thousand five hundred dollars ($1,500).
(C) If the estimated construction cost is twenty-five thousand dollars ($25,000) or more, the fee is one thousand four hundred dollars ($1,400) plus one percent (1%) of the amount by which that cost exceeds twenty-five thousand dollars ($25,000).
[Pre-Local Government Recodification Citation: 19-4-2-10 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.349.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-62. Establishing New Regulated Drains; Preparation of Schedule of Assessments; Determination of Damages

Sec. 62. (a) When the county surveyor has completed the maps, profiles, and plans required by section 61 of this chapter, the county surveyor shall meet with the board, and the board shall take the following actions:
(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the proposed drain and the name and address of the owner of the land. The name, address, and description shall be taken from the petition. The board shall enter in the assessment schedule the percentage of the total cost of the drain to be assessed against each tract of land. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
(2) Determine the amount of damages sustained by all owners as a result of the proposed drain, and prepare a schedule of damages containing:
(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the petition;
(B) the amount of each owner's damages; and
(C) an explanation of the injury upon which the determination was based.
The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the proposed drain.
(3) Set forth the amount of each owner's assessment based on the total estimated cost of the proposed drain.
(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the proposed drain. The percentage used in computing the annual assessment may, but need not, be the same for each tract of land as the percentage used in computing the general assessment.
The board may consider the factors listed in section 112 of this chapter in preparing the schedules.
(b) If land that was not included in the petition is determined to be benefited or damaged, the names of the owners and a description of the land shall be taken from the tax duplicates or record of transfers of the county.
[Pre-Local Government Recodification Citation: 19-4-2-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.350.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards

Sec. 64. (a) Whenever:
(1) a new open drain is to be constructed under this chapter; and
(2) the drain will cross a tract of land in such a manner that the owner of the tract will be deprived of ingress and egress to part of the tract unless a private crossing is constructed across the drain;
the board shall award damages to the owner in an amount equal to the cost of constructing a proper crossing. In determining the type and quality of the crossing, the board shall consider the use of the inaccessible land, the frequency of the crossing's use, the purpose of the crossing's use, and any other appropriate factors.
(b) When an owner is entitled to damages under subsection (a), the owner may, in lieu of accepting damages awarded by the board, file with the board the owner's written consent to the construction of the crossing as part of the construction of the drain. The county surveyor shall then include the construction of the crossing in the county surveyor's plans and specifications for the drain, but the future maintenance of the crossing will then be the responsibility of the owner.
[Pre-Local Government Recodification Citation: 19-4-6-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.352.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-66. Construction of Connecting Drain Through Lands Owned by Others; Procedure

Sec. 66. (a) Whenever:
(1) land has been assessed as benefited by the construction, reconstruction, or maintenance of a regulated drain;
(2) there is no open or tiled drain connecting the land with the regulated drain; and
(3) the waters from the land flow over or through land owned by others to reach the regulated drain;
the owner of the land assessed may petition the board to construct through the land of the other owners a new drain that will connect the petitioner's lands with the regulated drain. The petition must describe the land through which the new regulated drain will run, state the name and address of each owner of that land, describe the general route of the proposed new regulated drain, and state the proposed method of construction.
(b) The board shall refer the petition to the county surveyor for a report.
(c) If the county surveyor determines that the proposed drain is not practicable, the county surveyor shall report that fact to the board and the board shall deny the petition.
(d) If the county surveyor determines that the proposed drain is practicable, the county surveyor shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare plans and specifications and all things necessary for the construction of the drain. The board shall, in the manner prescribed by sections 49 through 52 of this chapter, prepare a schedule of benefits and damages, serve the schedule upon the owners of land benefited or damaged, and hold a hearing on the schedule. Objections to the proceedings may be filed only on the grounds that:
(1) the objector is the owner of land damaged by the proposed drain and the board failed to so find or, if it did so, find, the damages awarded were insufficient; and
(2) the objector is the owner of land found by the board to be benefited, and the benefits assessed are excessive.
After the hearing, the board shall enter its order and findings in the manner prescribed by section 52 of this chapter.
(e) Any owner aggrieved by the final award of damages under subsection (d) may obtain judicial review under section 106 of this chapter. When the order of the board becomes conclusive, the board shall proceed to construct the drain in the manner prescribed by this chapter.
[Pre-Local Government Recodification Citation: 19-4-6-10.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.354.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-67. Urban Drains; Designation

Sec. 67. (a) In the county surveyor's written report setting forth the county surveyor's order of priority for regulated drains under section 35 of this chapter, the county surveyor may designate any drain that is classified as in need of reconstruction as an urban drain. In adopting the classification and in making public the long-range plan, the board shall consider each designation of an urban drain and shall indicate the order of priority of action on urban drains.
(b) A drain shall be designated as an urban drain when:
(1) the drain will not, without construction or reconstruction, provide proper drainage for urban land or will not properly impound water in a small lake;
(2) it appears that after a practicable construction or reconstruction proper drainage for urban land can be provided; and
(3) either or both of the following factors is present:
(A) A reasonable part of the land within the watershed has been or is being converted from rural land to urban land.
(B) It appears to the board that one (1) or more tracts within the watershed is or will be changing from rural land to urban land, and that change requires the drainage provided by an urban drain.
(c) A petition for a new regulated drain under section 54 of this chapter may state, or may be amended to state, that in the opinion of the petitioners the new regulated drain should be designated as an urban drain. The board shall consider that statement in referring the petition to the county surveyor for a final report.
[Pre-Local Government Recodification Citation: 19-4-10-1.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.7; P.L.127-2017, SEC.355.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-68. Urban Drains; Duties of County Surveyor

Sec. 68. The county surveyor shall perform the following duties with respect to all urban drains within the county surveyor's jurisdiction:
(1) Prepare and make available to the public design standards of rainfall intensity and frequency for urban land, design standards of storm water runoff for urban land, or both. In preparing these standards, the county surveyor shall consider official weather bureau information, design criteria of the Indiana department of natural resources, the published recommendations of the United States bureau of public roads, and all available local, topographical, geological, and statistical information that may affect the design standard of runoff from urban land. The county surveyor may give special consideration to those weather events in which rainfall occurs under conditions when soil tends to be impervious due to frost or other natural causes.
(2) Prepare hydraulic calculations for the channel design of the urban drain, taking into consideration hydraulic gradients, friction factors, dimensions, and other engineering variables.
(3) Design the channel or dam required for the urban drain, including any necessary rerouting and taking into consideration the structures and structural characteristics of the soil.
(4) Furnish design information for all new drainage structures (including local flood control dikes) that may be needed to properly drain urban land or impound water in a small lake in the most efficient and economical manner.
(5) Keep available maps, listings, or other information showing current land use and projections of future land use in the area affected by the urban drain. In preparing this information, the county surveyor shall consider recommendations of state and local planning agencies, plan commissions, zoning boards, and similar bodies.
(6) Include in the county surveyor's report to the board on the construction or reconstruction of an urban drain the county surveyor's recommended designation of each parcel of affected land in the watershed of the urban drain as either urban land or rural land.
[Pre-Local Government Recodification Citation: 19-4-10-2.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.8; P.L.127-2017, SEC.356.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-69.5. Drainage Plans and Specifications

Sec. 69.5. (a) As used in this section, "development" does not include utility infrastructure owned, controlled, installed, or constructed by a public or municipally owned utility.
(b) Unless otherwise required by an ordinance of the county, a person who lays out a:
(1) subdivision of lots or lands; or
(2) commercial, industrial, or other land development;
outside the corporate boundaries of any municipality must submit plans and specifications for the drainage of the subdivision or other development in accordance with this section. The county drainage board must approve the drainage plan before the person may proceed with the subdivision or other development.
(c) A drainage plan and specifications submitted under subsection (b) to the county drainage board must comply with this chapter. Except as provided in subsection (d), the plan must comply with the following standards:
(1) The plan must maintain the amount of drainage through the tract that existed when the tract was created. If any tiles are cut, broken down, or rendered useless during the construction activity on the tract, the landowner is responsible for the repair, replacement, or relocation of the tile.
(2) The plan may not change the locations where surface water enters the tract and exits the tract from the locations that existed when the tract was created.
(3) Water that sheds off of a new structure, especially when the new structure is elevated or near a property line, or both, must exit the tract in the same location where it did when the tract was created.
(d) The county drainage board may approve an alternate plan that does not comply with the standard set forth in subsection (c)(2).
As added by P.L.97-2001, SEC.1. Amended by P.L.125-2011, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-70. Drains Within 300 Feet of Levees; Approval of Plans by Department of Natural Resources

Sec. 70. (a) This section applies whenever the plans and specifications for the construction or reconstruction of any regulated drain disclose that the center line of the drain at any point will come within three hundred (300) feet of any levee that is subject to or was constructed under any statute.
(b) The county surveyor in charge of the work on the drain shall mail the plans and specifications for the drain by certified mail with return receipt requested to the Indiana department of natural resources. The department shall approve or disapprove the plans and specifications within forty-five (45) days after receiving them. If the department fails to act within the time limit, the plans and specifications are considered approved. If the department disapproves the plans and specifications, it shall issue an order stating the reasons for the disapproval, shall recommend specific changes in the plans and specifications that would make them acceptable to the department, and shall serve a copy of the order on the surveyor.
(c) Work on the drain may not be commenced until the plans and specifications have been approved by the department, or until the board is satisfied that the county surveyor has changed the plans and specifications to conform with the department's recommendations.
[Pre-Local Government Recodification Citation: 19-4-6-4.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-72. Private Crossings, Control Dams, or Other Permanent Structures; Removal, Replacement, and Maintenance

Sec. 72. (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, the county surveyor shall in the county surveyor's plans call for the removal of the crossing.
(b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands.
(c) A private crossing, control dam, or other permanent structure may not be placed over or through an open drain unless the plans and specifications for the structure are first approved by the county surveyor. The county surveyor shall disapprove the plans and specifications if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.
(d) All maintenance of a private crossing or of a private structure within the drain, whether privately constructed or constructed as a part of work on a drain under this chapter, is the responsibility of the owners of land served by the private crossing or structure. The owners are directly responsible for any obstruction or damage to the drain that results from the existence of the private crossing or structure, notwithstanding any other provisions of this chapter.
[Pre-Local Government Recodification Citation: 19-4-6-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.16; P.L.127-2017, SEC.358.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-73. General Drain Improvement Fund; Establishment; Composition; Appropriations; Disposition of Surplus Money

Sec. 73. (a) There is established in each county a general drain improvement fund, which shall be used to pay the cost of:
(1) constructing or reconstructing a regulated drain under this chapter; and
(2) removing obstructions from drains under IC 36-9-27.4.
In addition, if a maintenance fund has not been established for a drain, or if a maintenance fund has been established and it is insufficient, the general drain improvement fund shall be used to pay the deficiency.
(b) The general drain improvement fund consists of:
(1) all money in any ditch or drainage fund that was not otherwise allocated by January 1, 1966, which money the county treasurer shall transfer to the general drain improvement fund by January 1, 1985;
(2) proceeds from the sale of bonds issued to pay the costs of constructing or reconstructing a drain;
(3) costs collected from petitioners in a drainage proceeding;
(4) appropriations made from the general fund of the county, or taxes levied by the county fiscal body for drainage purposes;
(5) money received from assessments upon land benefited for construction or reconstruction of a regulated drain;
(6) interest and penalties received on collection of delinquent drain assessments and interest received for deferred payment of drain assessments; and
(7) money repaid to the general drain improvement fund out of a maintenance fund.
(c) The county fiscal body, at the request of the board and on estimates prepared by the board, shall from time to time appropriate enough money for transfer to the general drain improvement fund to maintain the fund at a level sufficient to meet the costs and expenditures to be charged against it, after allowing credit to the fund for assessments paid into it.
(d) There is no limit to the amount that the county fiscal body may appropriate and levy for the use of the general drain improvement fund in any one (1) year. However, the aggregate amount appropriated and levied for the use of the fund may not exceed the equivalent of fifty cents ($.50) on each one hundred dollars ($100) of net taxable valuation on the real and personal property in the county.
(e) Whenever:
(1) the board finds that the amount of money in the general drain improvement fund exceeds the amount necessary to meet the expenses likely to be paid from the fund; and
(2) the money was raised by taxation under this section;
the board shall issue an order specifying the excess amount and directing that it shall be transferred to the general fund of the county. The board shall serve the order on the county auditor, who shall transfer the excess amount to the general fund of the county.
[Pre-Local Government Recodification Citation: 19-4-7-1 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.371-1983, SEC.1; P.L.206-1984, SEC.6; P.L.239-1996, SEC.2; P.L.240-1996, SEC.1; P.L.2-1997, SEC.87; P.L.255-2017, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-74. Certain Counties; Tax Levy; Appropriations

Sec. 74. (a) This section applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(b) Each year, the county shall levy the tax authorized by section 73 of this chapter at a rate on each one hundred dollars ($100) of assessed valuation that will yield three hundred thousand dollars ($300,000) per year.
(c) The county auditor shall determine a particular watershed's part of the receipts from the tax authorized by this section by multiplying the total tax receipts by a fraction determined by the county surveyor. The numerator of the fraction is the number of acres in the particular watershed, and the denominator is the total number of acres in all of the watersheds in the county. The auditor shall annually distribute these amounts to the watersheds in the county.
(d) The county legislative body shall annually appropriate, for use in the county in each of these watersheds, at least eighty percent (80%) of the watershed's part of the tax receipts.
[Pre-Local Government Recodification Citation: 19-4-7-1 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.187; P.L.11-2023, SEC.129.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-75. Acceptance of Grants or Gifts

Sec. 75. The board may accept gifts or grants from any source for the purpose of paying all or part of the costs of constructing, reconstructing, or maintaining a drain under this chapter. The gifts or grants shall be used to reduce the costs assessed to affected owners.
[Pre-Local Government Recodification Citation: 19-4-7-1 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-76. Cooperation With State or Federal Agencies

Sec. 76. The board may cooperate in joint effort with any state or federal agency in a proceeding to construct, reconstruct, or maintain a drain under this chapter. If the board is cooperating with a federal agency, and the rules or procedures of the agency are in conflict with this chapter in respect to issuing bids, awarding contracts, and administering contracts, the board may adopt the federal rules or procedures in those areas where conflict exists, and may proceed in accordance with the requirements of the federal rules or procedures.
[Pre-Local Government Recodification Citation: 19-4-7-1 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-77. Contracts; Restrictions

Sec. 77. (a) Whenever:
(1) the board orders the construction or reconstruction of a drain, and the order is not stayed under section 108 of this chapter; or
(2) the board determines that maintenance work shall be let by contract;
the board may contract for the work to be done as a whole or in sections.
(b) Except as provided in subsection (c), the board may not let a contract for the construction or reconstruction of a drain if the amount of the contract is more than ten percent (10%) above:
(1) the construction costs estimated by the county surveyor under section 61(8) of this chapter; or
(2) the reconstruction costs estimated by the surveyor under section 49(c) of this chapter.
(c) If the board does not receive a bid that complies with subsection (b), it shall readvertise for bids. If on readvertisement the board does not receive a bid that complies with subsection (b), the board shall dismiss the proceedings unless it receives a bid that does not exceed the benefits assessed against the affected land.
(d) Whenever the benefits and construction costs estimated by the county surveyor have been filed for more than five (5) years, and the board is unable to award a contract within the limitations of subsections (b) and (c), the board shall refer the surveyor's report back to the surveyor for a supplemental report.
(e) Subject to IC 36-1-12-5, the board may perform maintenance, construction, or reconstruction by its own work force without awarding a contract.
[Pre-Local Government Recodification Citation: 19-4-7-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-79. Repealed

[Pre-Local Government Recodification Citation: 19-4-7-5 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.28. Repealed by Acts 1981, P.L.57, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure

Sec. 79.1. Notwithstanding sections 77 and 78 of this chapter, the following provisions apply whenever the board estimates that the amount of the contracts to be let is not more than one hundred fifty thousand dollars ($150,000):
(1) The board need not advertise in the manner provided by section 78 of this chapter. If the board does not advertise, it shall mail or send by electronic means written invitations for bids to at least three (3) persons believed to be interested in bidding on the work. The invitations shall be mailed or sent by electronic means at least seven (7) days before the date the board will receive bids, and must state the nature of the contracts to be let and the date, time, and place bids will be received.
(2) The board may authorize the county surveyor to contract for the work in the name of the board.
(3) The contracts may be for a stated sum or may be for a variable sum based on per unit prices or on the hiring of labor and the purchase of material.
(4) The contracts shall be let in accordance with the statutes governing public purchase, including IC 5-22.
(5) The board may for good cause waive any requirement for the furnishing by the bidder of a bid bond or surety and the furnishing by a successful bidder of a performance bond.
[Pre-Local Government Recodification Citations: 36-9-27-79 part; Part new.]
As added by Acts 1981, P.L.57, SEC.42. Amended by P.L.355-1987, SEC.1; P.L.49-1997, SEC.84; P.L.241-1999, SEC.6; P.L.43-2019, SEC.4; P.L.164-2019, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-80. Subcontracts

Sec. 80. A person who enters into a contract with the board under section 78 or 79 of this chapter may not subcontract any part of the contract without the written consent of the board. The board may withhold its consent only for good cause.
[Pre-Local Government Recodification Citation: 19-4-7-7 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-80.5. Construction Contract Changes in Specification; Change Orders

Sec. 80.5. (a) If a change in the original specifications of a contract for the construction or reconstruction of a drain becomes necessary during the construction or reconstruction, the county surveyor may issue a change order to add, delete, or change an item in the contract. A change order issued under this subsection becomes an addendum to the contract.
(b) The county surveyor may issue a change order under subsection (a) without obtaining prior approval from the board. The county surveyor shall report a change order issued under subsection (a) to the board at the next meeting of the board following the issuance of the change order.
(c) A change order issued under subsection (a) must be directly related to the drain project that is the subject of the original contract.
(d) The amount of a contract plus the amount of all change orders to the contract issued under this section may not exceed the following by more than twenty percent (20%):
(1) The construction costs estimated by the county surveyor under section 61(8) of this chapter.
(2) The reconstruction costs estimated by the county surveyor under section 49(c) of this chapter.
As added by P.L.154-1993, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-81. Partial or Progress Payments to Contractors

Sec. 81. The county surveyor may, without first obtaining the approval of the board, authorize partial or progress payments to a contractor for work performed in amounts not in excess of eighty-five percent (85%) of the contract price of the work then completed. The county surveyor shall report such an approval to the board at its next meeting. The county surveyor may not give an approval under this section unless the county surveyor has first inspected the work done.
[Pre-Local Government Recodification Citation: 19-4-7-8 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.360.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor

Sec. 82. (a) Whenever a contract under this chapter calls for a payment to be made to the contractor on the completion of work, the county surveyor shall inspect the work done and file with the board a written report approving or disapproving the work. The board may not allow a claim for the payment until the surveyor's report shows the work to be approved.
(b) After the acceptance of the work by the county surveyor, the contractor shall file with the board a verified statement that all expenses incurred for labor and material, except for any expenditures specified in the statement, have been paid in full.
[Pre-Local Government Recodification Citation: 19-4-7-8 part.]
As added by Acts 1981, P.L.309, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims

Sec. 83. (a) A subcontractor, laborer, or other person may file a claim with the board if:
(1) at the request of a contractor, the subcontractor, laborer, or other person has performed any work or other service or has furnished any material used under the contract; and
(2) the subcontractor, laborer, or other person has not been paid.
The claim must be filed within sixty (60) days after the performance of the work or service or the furnishing of the material, and must state the amount due and describe the work done or materials furnished. The board shall withhold the amount of the claim from the final payment due the contractor unless the claimant files a written withdrawal of the claim with the board.
(b) If, sixty (60) days after acceptance of the work by the surveyor, the contractor files with the board a written acknowledgment of the correctness of all claims, and if the amount withheld by the board is sufficient to pay all claims, the board shall have the claims paid out of the amount withheld from the contractor and shall pay the balance remaining to the contractor.
(c) If the contractor does not file an acknowledgment under subsection (b), or if there is not a sufficient amount withheld to pay all claims, the board shall interplead all claimants and the contractor in the circuit or superior court of the county in which the board is located and have the amount of the claims, or the amount withheld by the board, whichever is smaller, paid into court. The board is then discharged from liability.
(d) This section does not relieve the surety on the contractor's bond from liability under its obligation as set forth in the bond.
[Pre-Local Government Recodification Citation: 19-4-7-8 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.361.