reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner

Sec. 19. (a) Any owner affected by a mutual drain may file a written request with the board to make the mutual drain a regulated drain under this chapter. Upon receipt of such a request, the board shall fix the date, time, and place for a hearing, which may not be less than thirty (30) days after receipt of the request.
(b) At least twenty (20) days before the date of the hearing, the owner making the request shall give the owners of all land affected by the request notice of the date, time, place, and purpose of the hearing. Service of the notice shall be made in the manner set forth in section 58 of this chapter or in the manner summonses are served in civil actions.
(c) Any owner affected by the mutual drain may, on or before the date of the hearing, file with the board written evidence for or against the granting of the request. At the hearing the board shall consider all of the evidence filed, and if it finds that:
(1) the owners of more than fifty percent (50%) in acreage of the affected land will be benefited if the drain is made a regulated drain under this chapter; and
(2) the benefit to owners benefited is likely to be greater than the damages to owners damaged by reason of the mutual drain being made a regulated drain;
it shall make written findings to that effect and issue an order granting the request.
(d) Before adjourning the hearing, the board shall announce its findings and order. This announcement constitutes notice to all affected persons, and, if judicial review is not requested under section 106 of this chapter within twenty (20) days after the date of notice, the findings and order are conclusive.
[Pre-Local Government Recodification Citation: 19-4-5-3 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 › 36-9-27-20. Drains Located in Municipalities or Sanitary Districts; Relinquishment of Jurisdiction by Board

Sec. 20. A board may, by resolution, relinquish its jurisdiction over ditches and drains located in a municipality or a sanitary district, if that jurisdiction is accepted by the municipality or sanitary district.
[Pre-Local Government Recodification Citation: 19-4-1-3.5.]
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 › 36-9-27-20.6. Right of Entry and Right-of-Way Powers

Sec. 20.6. If jurisdiction over a drain is transferred by the board to a municipality or sanitary district under section 20 of this chapter, the municipality or sanitary district has, with respect to that drain, the same right of entry and right-of-way powers over and upon private land that are given to the county surveyor or drainage board under section 33 of this chapter.
As added by P.L.111-2003, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-21. Certain Municipal Drains Exempt From Chapter; Assessment of Lands Benefited by Regulated Drains

Sec. 21. (a) A drain that is located partly or wholly within the corporate boundaries of a municipality is subject to this chapter only if it was constructed by the municipality under this chapter, IC 19-4 (repealed February 26, 1982), or a statute repealed by Acts 1965, c.305, s.1003.
(b) If a municipal drain not subject to this chapter flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land benefited by the municipal drain to the extent that it is benefited by the construction, reconstruction, or maintenance of the regulated drain.
(c) This subsection applies to any parcel of land that is partly within the corporate boundaries of a municipality having a drain affected by subsection (b). Notwithstanding section 38 of this chapter, the drainage board may make only one (1) assessment for the same purpose on each individual drain on the parcel. For purposes of making this one (1) assessment, the total acreage of the parcel must be considered to be located where most of the land in the parcel is situated, either within the boundaries or outside the boundaries.
[Pre-Local Government Recodification Citation: 19-4-5-4.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.200-1988, SEC.1; P.L.3-1990, SEC.137.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-23. Requests to Connect Private Drains With Regulated Drains; Water Pollution Control; Procedure

Sec. 23. (a) Whenever:
(1) a person wants to connect a drain with a regulated drain that is subject to this chapter; and
(2) the connection would result in the discharge into the regulated drain of liquid wastes that would cause or contribute to pollution of the receiving waters;
the person seeking the connection must obtain written approval from the department of environmental management for the discharge, and shall file that written approval with the board having jurisdiction of the regulated drain when filing the person's request to connect.
(b) The board may deny a connection request, even though approval of the department of environmental management is given or is not required.
(c) The board shall deny a connection request whenever the approval of the department of environmental management is required and is not obtained.
(d) The provisions of this section requiring department of environmental management approval do not apply to the discharge of sewage from a single or two (2) family residence.
[Pre-Local Government Recodification Citation: 19-4-6-7.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.143-1985, SEC.202; P.L.127-2017, SEC.332.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction

Sec. 24. (a) A regulated drain that is located within a conservancy district is not subject to this chapter if:
(1) the drain has been designated for construction, reconstruction, or maintenance in the district plan of the conservancy district; and
(2) the district plan was approved before January 1, 1966.
However, if the drain has a direct or indirect outlet into any other drain that is subject to this chapter, the board shall assess the district for any benefits it receives from the construction, reconstruction, or maintenance of the other drain.
(b) A court may not approve the district plan or an amendment to the district plan of a conservancy district if it includes the construction, reconstruction, or maintenance of a regulated drain in the district, unless written approval for the district to perform the work is filed with the court by the board or by the department of natural resources.
(c) When a drain located in a conservancy district is not subject to this chapter, the district, with the approval of the court having jurisdiction over the district, may file a written request with the board for the board to assume jurisdiction over the drain. The drain becomes subject to this chapter when the request is filed.
[Pre-Local Government Recodification Citation: 19-4-5-2 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 › 36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter

Sec. 25. Whenever a regulated drain that is subject to this chapter is included in a flood control project approved by the department of natural resources, the drain ceases to be subject to this chapter. The construction, reconstruction, and maintenance of such a drain is the responsibility of the local agency that constructs and maintains the project.
[Pre-Local Government Recodification Citation: 19-4-5-2 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 › 36-9-27-26. Drains Under Jurisdiction of Certain Drainage Maintenance and Repair Districts and Associations; Exemption From Chapter

Sec. 26. A drain that is under the jurisdiction of:
(1) a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8; or
(2) an association established under Acts 1913, c. 165;
is not subject to annual assessments for periodic maintenance under this chapter, and the district or association is solely responsible for the maintenance of the drain. However, if the drain flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land within the district or association for any benefits it receives from the construction, reconstruction, or maintenance of the regulated drain.
[Pre-Local Government Recodification Citation: 19-4-5-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.88.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-26.5. Change of Drain and Drainage Maintenance Jurisdiction; Transfer of Funds and Administration

Sec. 26.5. (a) A county executive may change a regulated drain that is subject to this chapter into a drain that is subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8.
(b) When a drain that is subject to assessments for periodic maintenance and repair under this chapter becomes subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8, the county treasurer shall transfer all money in the drain's maintenance fund established under section 44 of this chapter to the drain's drainage maintenance fund established under IC 14-27-8-19.
(c) The county executive shall establish procedures for the transition of a drain from administration under this chapter to administration under IC 14-27-8.
As added by P.L.154-1993, SEC.5. Amended by P.L.1-1995, SEC.89; P.L.97-2004, SEC.132.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure

Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by:
(1) the owners of fifty-one percent (51%) in area of the land located in the district; or
(2) fifty-one percent (51%) of the owners of land located in the district.
When the statement is filed, the board may file with the court that established the district a complaint that sets forth the allegations in the statement and requests the court to dissolve the district.
(b) The drainage maintenance and repair district shall be named defendant in the action, and a summons shall be served:
(1) on any commissioner of the district; or
(2) on the district by publication if a commissioner cannot be found.
The issues shall be considered closed by a general denial, without the filing on any specific pleadings.
(c) The court shall hear the action without a jury. A change of venue from the county may not be granted.
(d) If the court finds that the allegations in the complaint are true, it shall dissolve the district. All the drains formerly under the jurisdiction of the district become regulated drains subject to this chapter when the district is dissolved.
[Pre-Local Government Recodification Citation: 19-4-5-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-28. Drains Maintained by Certain Associations; Assumption of Jurisdiction by Board; Procedure

Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:
(1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or
(2) fifty-one percent (51%) of the members of the association.
When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.
(b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:
(1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or
(2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.
(c) On or before the date of the hearing, any member of the association may file written evidence with the board.
(d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.
(e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.
[Pre-Local Government Recodification Citation: 19-4-5-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-29. County Surveyors; Powers and Duties

Sec. 29. The county surveyor is the technical authority on the construction, reconstruction, and maintenance of all regulated drains or proposed regulated drains in the county, and the county surveyor shall:
(1) investigate, evaluate, and survey all regulated drains or proposed regulated drains, and prepare all reports, plans, profiles, and specifications necessary or incident to any proposed construction, reconstruction, or maintenance of regulated drains;
(2) prepare and make public standards of design, construction, and maintenance that will apply to all regulated drains and their appurtenances, taking into consideration in preparing these standards the published recommendations made by Purdue University, the American Society of Agricultural Engineers, the American Society of Civil Engineers, the United States Department of Agriculture, the department of natural resources, the United States Army Corps of Engineers, and other reliable sources of information;
(3) supervise all construction, reconstruction, and maintenance work performed under this chapter;
(4) catalog and maintain a record of all surveying notes, plans, profiles, and specifications of all regulated drains in the county, and of all mutual and private drains when available; and
(5) perform the functions set forth in sections 67 through 69 of this chapter concerning all urban drains under the county surveyor's jurisdiction.
In preparing plans under subdivision (1), the county surveyor shall, when feasible, include the seeding of the banks of all open drains. The surveyor shall, when feasible, use United States Geological Survey data on plans and profiles prepared under subdivision (1).
[Pre-Local Government Recodification Citation: 19-4-1-9.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.5; P.L.127-2017, SEC.333.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation

Sec. 30. (a) Whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31 and that statute prohibits an unregistered person from performing any function that the county surveyor is directed to do under this chapter, the surveyor shall employ and fix the compensation of a person who is a professional engineer or professional surveyor in performing those functions. However, if the county surveyor does not employ a registered person within one (1) year of the acceptance of a petition for construction or reconstruction of a drain, the board may make the appointment of a registered person that this section requires.
(b) The person employed by the county surveyor, who shall be known as a qualified deputy, shall file with the county surveyor the original of all plans, specifications, and other documents made by the person in performing the work for which the person was employed. Those plans, specifications, and other documents become a part of the permanent file of the county surveyor's office, which the county surveyor shall maintain for the use of the board as provided in section 109 of this chapter.
(c) The rate of compensation paid to a qualified deputy shall be assessed against the drainage project for which the deputy was employed.
(d) This subsection applies whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31, and the county surveyor has not employed a registered person as provided in subsection (a). If the county has a full-time employee who is registered as a professional surveyor under IC 25-21.5 or as a professional engineer under IC 25-31, the board may, subject to the approval of the county executive and the county surveyor, designate that person to perform the functions of the county surveyor under this chapter that are allowed under the employee's license as a professional surveyor or professional engineer. If a designation is made and approved under this subsection, the county surveyor may not employ a registered person under subsection (a) to perform that same function.
[Pre-Local Government Recodification Citation: 19-4-1-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.1; P.L.76-1989, SEC.5; P.L.2-1997, SEC.84; P.L.2-1998, SEC.88; P.L.241-1999, SEC.4; P.L.57-2013, SEC.101.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board

Sec. 31. If for any reason there is no elected county surveyor in any county, the board shall employ and fix the compensation of a part-time or full-time engineer or surveyor. The engineer or surveyor, who must be registered under IC 25-21.5 or IC 25-31 and must be or become a resident of Indiana, shall perform the functions required of the county surveyor in this chapter.
[Pre-Local Government Recodification Citation: 19-4-1-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.2-1997, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation

Sec. 32. (a) Whenever the board finds that it is necessary to advance the work of construction or of reconstruction, as determined from the long-range plan established under section 36 of this chapter, to a degree inconsistent with the work load of the county surveyor, the board shall publicly declare an emergency and shall authorize the employment of an engineer, firm of engineers, or professional surveyor as a contract deputy to perform the necessary work, including:
(1) the preparation of the county surveyor's report or specified parts of it; and
(2) the supervision of the construction or reconstruction.
(b) A contract deputy shall be employed by contract. Each contract must be for work on a specific drainage project, and may be on a per project fee basis or on a per diem basis of compensation.
(c) A contract deputy must have the same qualifications as an engineer or professional surveyor employed or appointed by the board under section 30 or 31 of this chapter.
(d) The original of all plans, specifications, and other documents made by a contract deputy in performing the work for which the contract deputy was employed, or facsimiles of them in reproducible form, shall be transmitted to the board and shall be permanently retained by the board or by the county surveyor in the manner in which similar documents prepared by the county surveyor or the board are retained.
(e) The compensation of a contract deputy shall be assessed against the drainage project for which the deputy was employed, and may be paid from the general drain improvement fund before the order for the construction or reconstruction.
[Pre-Local Government Recodification Citation: 19-4-1-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.2; P.L.57-2013, SEC.102.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-34. Classification of Drains by County Surveyor

Sec. 34. (a) The county surveyor shall classify all regulated drains in the county as:
(1) drains in need of reconstruction;
(2) drains in need of periodic maintenance; or
(3) drains that should be vacated.
The surveyor shall also consider the designation of urban drains under section 67 of this chapter.
(b) A regulated drain is in need of reconstruction when:
(1) it will not perform the function for which it was designed and constructed;
(2) it no longer conforms to the maps, profiles, and plans prepared at the time when the legal drain was established; or
(3) topographical or other changes have made the drain inadequate to properly drain the lands affected without extensive repairs or changes, including:
(A) converting all or part of an open drain to a tiled drain or a tiled drain to an open drain;
(B) adding an open drain to a tiled drain or a tiled drain to an open drain;
(C) increasing the size of the tile;
(D) deepening or widening an open drain;
(E) extending the length of a drain;
(F) changing the course of a drain;
(G) constructing drainage detention basins and drainage control dams;
(H) providing for erosion control and for grade stabilization structures; or
(I) making any major change to a drainage system that would be of public utility.
(c) A regulated drain is in need of periodic maintenance when, with or without the use of mechanical equipment, it can be made to perform the function for which it was designed and constructed, and to properly drain all affected land under current conditions, by periodically:
(1) cleaning it;
(2) spraying it;
(3) removing obstructions from it; and
(4) making minor repairs to it.
(d) A regulated drain should be vacated when:
(1) the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions;
(2) the expense of reconstruction outweighs the benefits of reconstruction; and
(3) the vacation will not be detrimental to the public welfare.
[Pre-Local Government Recodification Citation: 19-4-1-10 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-35. Submission of Classifications and Order of Work Priority of Drains to Board; Notice and Hearing on Classification and Reclassification Requests

Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth the county surveyor's classification of regulated drains in order of priority for action by the board. This report may be made from time to time during the county surveyor's process of classification.
(b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.
(c) If ten percent (10%) of the owners' request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-1-10 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75; P.L.127-2017, SEC.334.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-36. Long Range Plan for Reconstruction, Maintenance, and Vacation of Drains; Requests for Advancement

Sec. 36. (a) When the classification of drains, or a partial classification of drains, has been adopted by the board, the county surveyor shall prepare a long-range plan for:
(1) the reconstruction of regulated drains classified as in need of reconstruction;
(2) the establishment of an annual maintenance assessment for regulated drains classified as in need of periodic maintenance; and
(3) the vacating of regulated drains classified as drains that should be vacated.
The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.
(b) The long-range plan is subject to approval by the board, may be amended by the board at any time, and shall be reconsidered and brought up to date before June 1 of each year.
(c) The board shall refer each regulated drain to the county surveyor for a report in accordance with the long-range plan. If no long-range plan has been adopted by the board, and if the surveyor has classified only part of the regulated drains, the board may refer the regulated drains that have been classified to the surveyor for a report in the order of priority set forth in the partial classification.
(d) Ten percent (10%) of the owners of land affected by a regulated drain that has been classified as a drain that:
(1) is in need of reconstruction;
(2) is in need of periodic maintenance; or
(3) should be vacated;
may file with the board a written request that the board advance the proposed date when the drain will be referred to the county surveyor for report. Upon receipt of such a request, the board shall set the request for hearing at its next regular meeting and shall promptly mail notice of the time, date, and place of the hearing to the owners making the request. At the meeting any affected owner or the surveyor may present evidence for or against the request. After the hearing, the board may advance the date the drain will be referred to the surveyor if it is practicable to do so.
[Pre-Local Government Recodification Citation: 19-4-1-10 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 › 36-9-27-37. Vacation of Drains; Procedure; Appeals

Sec. 37. (a) When instituting proceedings to vacate a regulated drain, the board shall:
(1) serve a notice of intention to vacate on all owners of affected land;
(2) fix a date for a hearing;
(3) receive all objections filed;
(4) hold the hearing; and
(5) issue an order vacating or reclassifying the drain.
(b) A board acting under this section shall:
(1) comply with the applicable provisions of sections 49 through 52 of this chapter; and
(2) consider section 34(d) of this chapter in determining whether a drain should be vacated.
(c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.
(d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund.
[Pre-Local Government Recodification Citation: 19-4-1-11.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report

Sec. 38. When the board refers a regulated drain classified in need of periodic maintenance to the county surveyor, the county surveyor shall prepare a maintenance report that includes the following items:
(1) The estimated annual cost of periodically maintaining the drain.
(2) The name and address of each owner of land that will be affected by the proposed maintenance, and the legal description of the land of each owner, as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.
(3) The nature of the maintenance work required and how frequently the work should be performed.
[Pre-Local Government Recodification Citation: 19-4-4-1.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.335.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments

Sec. 39. When the board receives a maintenance report under section 38 of this chapter, it shall prepare a schedule of assessments that includes the following items:
(1) A description of each tract of land determined to be benefited, and the name and address of the owner, as listed on the county surveyor's report.
(2) The percentage of the estimated cost of periodically maintaining the drain to be assessed against each tract of land. The percentage shall be based upon the benefit accruing to each tract of land from the maintenance, and must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
(3) The amount annually assessed against each tract of land for maintenance.
The board may consider the factors listed in section 112 of this chapter in preparing the schedule.
[Pre-Local Government Recodification Citation: 19-4-4-2.]
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 › 36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure

Sec. 41. (a) If recommended by the county surveyor, the board may, after notice and hearing to affected owners, combine regulated drains located in the same watershed for the purpose of annually assessing the owners benefited for periodic maintenance.
(b) The notice shall be published in accordance with IC 5-3-1. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.
(c) In combining drains, the board shall consider:
(1) whether the drains are tiled or open; and
(2) the uniformity of topography and soil types;
so that the drains that are combined represent substantially the same maintenance problem and can be kept in proper repair at a cost sufficiently uniform as to constitute no substantial inequity for any owner included in the combination of drains.
(d) The board may, from time to time, add regulated drains to a combination of drains established under this section.
[Pre-Local Government Recodification Citation: 19-4-4-6.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure

Sec. 42. (a) The board may at any time increase or decrease the amount annually assessed for periodic maintenance of a regulated drain if the board finds that the county surveyor's estimate of the cost of maintaining the drain was insufficient or excessive.
(b) The board may decrease the amount annually assessed without notice to the affected owners if the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board.
(c) The board may increase the amount annually assessed once without notice to the affected owners if:
(1) the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board; and
(2) the increase does not exceed twenty-five percent (25%) of the amount initially established.
(d) If the board:
(1) finds that the percentage of benefit assigned to any particular tract or tracts of land should be increased due to a change in land use or for any other reason; or
(2) proposes an increase or decrease that would affect all of the lands assessed for the maintenance of the drain and that is not exempted from the giving of notice under subsection (b) or (c);
the board shall mail a notice to the owner or owners of the land. The notice must state the proposed change in the assessment, and specify a date, time, and place, not less than ten (10) days after the notice is mailed, when the board will hear objections to the change. An owner may file written objections to the proposed change on or before the date of the hearing. At the hearing, the board shall consider all objections and evidence filed and shall enter an order as justice may require. The board shall mail a copy of its order to the owner or owners affected. If an owner does not request judicial review of the order under section 106 of this chapter within twenty (20) days after the owner's receipt of the copy of the order, the order becomes conclusive.
(e) A joint board that includes three (3) or more counties in a drainage basin that exceeds one hundred thousand (100,000) acres shall publish notice in accordance with IC 5-3-1 instead of mailing notice to the owner or owners of land as required by subsection (d).
[Pre-Local Government Recodification Citation: 19-4-4-8 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.25; P.L.370-1983, SEC.2; P.L.127-2017, SEC.337.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-43. Omission of Annual Assessment

Sec. 43. (a) If in any year a maintenance fund established under section 44 of this chapter has an unencumbered balance equal to or greater than four (4) times the estimated annual cost of periodically maintaining the drain for which the fund was established, the annual assessment for the maintenance of that drain may be omitted for that year.
(b) The county drainage board may collect the drain assessment even though the unencumbered balance of the maintenance fund is equal to or greater than four (4) times the estimated annual cost of periodic maintenance of the drain for which the fund was established if the drainage board does the following:
(1) Conducts a public hearing in accordance with section 40 of this chapter.
(2) At the public hearing estimates what the unencumbered balance of the maintenance fund would be, as a multiple of the estimated annual cost of periodic maintenance of the drain, after the collection of the total amount that the board intends to collect in assessments.
However, the annual assessment for the maintenance of the drain shall be omitted if, according to the estimate of the board, the collection of the intended total amount of assessments would increase the unencumbered balance of the maintenance fund to equal or exceed eight (8) times the estimated annual cost of periodic maintenance of the drain for which the fund was established.
[Pre-Local Government Recodification Citation: 19-4-4-8 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-44. Establishment of Maintenance Funds for Drains

Sec. 44. (a) A maintenance fund is established for each regulated drain and for each combination of drains established under section 41 of this chapter. A maintenance fund consists of:
(1) money received from annual assessments upon land benefited by the periodic maintenance of a drain;
(2) penalties received on collection of delinquent annual assessments made for the periodic maintenance of a drain; and
(3) money received from any person as compensation for damages suffered to a drain.
(b) The county auditor shall:
(1) set up a separate ledger account for each regulated drain or combination of drains whenever the board fixes an annual assessment for the periodic maintenance of the drain or combination; and
(2) extend the assessments upon the ditch duplicate in each year that the assessments are to be made.
(c) Whenever the county surveyor's estimate for annual maintenance of any drain is not more than one thousand five hundred dollars ($1,500), the board may exempt that drain from the requirement that a maintenance fund be established. Expenses up to one thousand five hundred dollars ($1,500) in each year for the drain shall be paid from the general drain improvement fund established under section 73 of this chapter. The surveyor may make these minor repairs without advertising or letting a contract or contracts, but the total of these expenditures in any one (1) county in each year may not exceed ten dollars ($10) per mile of regulated drains in the county. Expenditures under this subsection may not be assessed to the affected owners.
(d) The board may deposit money that is in a maintenance fund in the manner and to the extent provided by IC 5-13-6.
[Pre-Local Government Recodification Citation: 19-4-7-2.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.1; P.L.19-1987, SEC.55.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-45. Maintenance Funds for Drains; Use of Funds

Sec. 45. A maintenance fund established under section 44 of this chapter is subject to the use of the board for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains, which may be done whenever the board, upon the recommendation of the county surveyor, finds that it is necessary. The payment for all such maintenance work shall be made out of the appropriate maintenance fund. However, if:
(1) a maintenance fund has not been established for the drain or combination of drains; or
(2) a maintenance fund has been established but it is not sufficient to pay for the work;
the general drain improvement fund shall be used to pay the cost of the work or to pay for the deficiency, and the general drain improvement fund shall be reimbursed from the appropriate maintenance fund when it is established or becomes sufficient.
[Pre-Local Government Recodification Citation: 19-4-4-7.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds

Sec. 45.5. (a) This section applies when a county surveyor advises the drainage board that in the county surveyor's opinion a maintenance fund has a balance in excess of the amount reasonably needed in that fund for maintenance work in the foreseeable future.
(b) The board may transfer an amount up to a maximum of seventy-five percent (75%) of the money in the maintenance fund to a reconstruction fund that covers the same watershed as the maintenance fund from which the money is transferred.
As added by P.L.154-1993, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-46. Obstruction of Drains; Repair Procedure

Sec. 46. (a) When a regulated drain is obstructed or damaged by logs, trees, brush, unauthorized structures, trash, debris, excavating, filling, or pasturing livestock, or in any other way, the county surveyor shall immediately remove the obstruction and repair any damage.
(b) Notwithstanding subsection (a), if the obstruction or damage is caused by an owner of land affected by the drain, the county surveyor shall first mail a notice to the owner, with return receipt requested, requiring the owner to remove the obstruction and repair the damage. If the owner fails to comply within ten (10) days after receipt of the notice, the surveyor shall perform the work, and the cost of the work shall be paid out of the annual maintenance fund of the drain if one has been established, or, if no such fund has been established, out of the general drain improvement fund.
(c) If the obstruction or damage has been caused by the acts or omissions of an owner of land affected by the drain, the board may, after a hearing with written notice served on the owner, add an amount sufficient to pay for the damage to the next annual assessment made against the land of the owner. The board shall certify the assessment to the county auditor in the same manner as any other assessment.
(d) If the obstruction or damage is caused by the acts or omissions of a person other than the owner of land affected by the drain, the board may bring an action against that person in court. The board is entitled to recover the reasonable value of removing the obstruction and repairing the damage, plus a reasonable attorney's fee.
[Pre-Local Government Recodification Citation: 19-4-6-2.]
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 › 36-9-27-47. Persons Entering Land Under Contract, Easement, or Statute; Damage to Drains; Repair Procedure

Sec. 47. (a) Whenever any person:
(1) goes upon any land under any contract, easement, or statute; and
(2) damages a regulated drain or impedes the flow of such a drain by placing pipe, cable, or other material over, under, or through the drain;
the board shall serve upon the person an order requiring the person to immediately repair the damages and remove the obstruction.
(b) If the person fails to comply with the order, the county surveyor shall repair the damage and remove the obstruction. The board may then bring an action against the person to recover damages, including the reasonable cost of repairing the damage and removing the obstruction, along with reasonable attorney's fees.
[Pre-Local Government Recodification Citation: 19-4-6-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.338.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-48. Construction or Reconstruction of Drains; Relocation of Public Utility Equipment; Procedure

Sec. 48. (a) Whenever, in the construction or reconstruction of a regulated drain, the county surveyor determines that:
(1) the proposed drain will cross a pipeline, cable, or similar equipment of a public utility; and
(2) the equipment will interfere with the proper operation of the drain;
the county surveyor shall include in the county surveyor's plans the relocation requirements of the equipment. The county surveyor shall, by registered mail or certified mail, send a copy of the requirements to the public utility owning the equipment.
(b) If requested by the public utility, the county surveyor shall meet with the public utility at a time and place to be fixed by the county surveyor and hear objections to the requirements. After the hearing, the county surveyor may change the requirements as justice may require.
(c) If the board finds that the relocation of a pipeline, cable, or similar equipment owned by a public utility is necessary in the construction or reconstruction of a regulated drain, the cost of relocation shall be paid by the public utility.
[Pre-Local Government Recodification Citation: 19-4-6-3 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.339; P.L.174-2022, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-49. Reconstruction of Drains; County Surveyor's Report

Sec. 49. (a) When the board refers a regulated drain to the county surveyor for a reconstruction report, the county surveyor shall determine and set forth in the county surveyor's report the best and cheapest method of reconstructing the drain so that it will adequately drain all affected land.
(b) The county surveyor shall make the necessary surveys, maps, profiles, plans, and specifications, and the county surveyor may include in them:
(1) all of the repairs or changes specifically set forth in section 34(b) of this chapter; and
(2) any other repairs or changes that good engineering practice requires, including arms where none existed before.
(c) The county surveyor shall estimate the costs of the proposed reconstruction, including costs of notices and advertising, and the county surveyor shall also estimate the annual cost of periodically maintaining the proposed reconstruction.
(d) The county surveyor shall include in the county surveyor's report the name and address of each owner of land that will be affected by the proposed reconstruction, and the legal description of the land of each owner as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.
[Pre-Local Government Recodification Citation: 19-4-3-1.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.340.