2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 27. Drainage Law › 36-9-27-53.5. Review of Proposed Reconstruction or Maintenance Project; Potential Onsite Field Review

Sec. 53.5. (a) A county surveyor or board planning to perform a project for the reconstruction or maintenance of a regulated drain under this chapter that:
(1) is subject to regulation under:
(A) IC 14-26-5; or
(B) IC 14-28-1; or
(2) requires an individual permit under Section 404 of the federal Clean Water Act (33 U.S.C. 1344);
shall request a review of the project through a written notification to the division of water of the department of natural resources (referred to as "the division" in this section). The notification may include a request to schedule an onsite field review of the project.
(b) If an onsite field review is requested, not more than fourteen (14) days after it receives the request under subsection (a), the division shall contact the county surveyor or the designee of the county surveyor and the department of environmental management to establish a date, time, and location for the onsite field review.
(c) If an onsite field review is scheduled, it shall be conducted by a team consisting of:
(1) one (1) or more representatives of the county;
(2) one (1) or more representatives of the department of natural resources, including an engineer from the division of water;
(3) one (1) or more representatives of the department of environmental management; and
(4) if applicable, representatives of the local soil and water conservation district.
(d) Not more than thirty (30) calendar days after the completion of a review under this section, the division shall provide the county surveyor with a written summary of the review. The summary must contain the following:
(1) A narrative and map defining the project location.
(2) A description of the proposed work.
(3) A list of conditions that:
(A) the department of natural resources would place on a permit to mitigate any unreasonable or detrimental effects that may occur as a result of the proposed work;
(B) the department of environmental management would place on a certification to comply with Section 401 of the federal Clean Water Act (33 U.S.C. 1341), if it is possible to ensure compliance with Section 401 by placing conditions on the certification; or
(C) both departments referred to in this subdivision would place on a permit or certification.
(e) The department of natural resources may not require or recommend the following as conditions for a permit for a project for the reconstruction or maintenance of a regulated drain:
(1) Deed restrictions in connection with the proposed work.
(2) Conservation easements in connection with the proposed work.
(3) Tree planting or tree retention within the easement of the regulated drain, if:
(A) the project involves construction on only one (1) side of the drain;
(B) vegetation on the opposite overbank will not be disturbed; and
(C) the board agrees to establish a suitably sized vegetated filter strip consisting of grasses and legumes along the side of the drain on which the construction will occur.
(f) For the purposes of subsection (e)(3), a project involves construction on only one (1) side of a regulated drain if the work is limited to the entire area:
(1) below the top of the banks; and
(2) within the drainage easement on one (1) side;
of the stream or open drain.
(g) A county surveyor or board that is aggrieved by the permit conditions disclosed under subsection (d)(3) has the right to enter into further negotiations with the department of natural resources and the department of environmental management in order to obtain a mutually agreeable set of permit conditions.
(h) If the permit conditions disclosed under subsection (d)(3) concerning a project for the reconstruction or maintenance of a regulated drain are acceptable to the county surveyor and board, the conditions:
(1) are binding upon the department of natural resources; and
(2) may not be changed by the department of natural resources.
However, subdivisions (1) and (2) cease to apply to the permit conditions disclosed under subsection (d)(3) concerning a project if an application for a permit for the project is not submitted within two (2) years after the review.
As added by P.L.180-1995, SEC.7. Amended by P.L.2-1996, SEC.295; P.L.6-2014, SEC.4.