Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 16. (a) This section applies to a municipality. (b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against the municipality; and (2) paid for as the s…

Sec. 16.5. (a) This section applies to a county. (b) The reasonable cost and value of any service rendered to the county by the storm water system by furnishing storm water collection and disposal shall be: (1) charged against all the territory in the county, except territory wit…

preadoption contracts for purchase Sec. 17. (a) If, upon investigation, the board finds that: (1) the storm water system is insufficient to furnish the necessary collection and disposal of storm water to properly protect the public health and welfare and safeguard the property wi…

Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board: (1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution. (2) A person injuriously affected …

Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located. (b) A remonstrator desiring to appeal the …

Sec. 2. As used in this chapter, "board" means the following: (1) For a consolidated city, the board of public works established by IC 36-3-5-6. (2) For all other municipalities, the: (A) board of directors described in section 4 of this chapter; or (B) board that controls the th…

Sec. 21. (a) To procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the unit served by the department, special ta…

Sec. 22. (a) To raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the board: (1) after approval by the fiscal body of the unit served by the department, shall levy a special benefit tax upon all the property of the storm water district in the…

applicability of IC 6-1.1-20 Sec. 23. (a) The board may not issue any bonds authorized by this chapter until it has secured the approval for the issuance of the bonds from the fiscal body of the unit served by the department. (b) IC 6-1.1-20 applies to the issuance of bonds under…

Sec. 24. (a) Whenever work on a storm water system (that is combined with a sanitary sewer system) necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of t…

in fees Sec. 25. (a) Revenues received by the department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for storm water collection and disposal systems. (b) If there are bonds outstanding for which user fees were pled…

Sec. 26. With respect to bonds for which a pledge has been made under section 25 of this chapter, the general assembly covenants with the holders of these bonds that: (1) this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collect…

Sec. 27. If the department: (1) uses private property for storm water collection or disposal; and (2) obtains the consent of the owner of the private property to maintain the private property; the department shall maintain the private property. As added by P.L.282-2003, SEC.19.…

Sec. 28. A person may not be required to screen a storm water outfall if the pipe diameter of the storm water outfall is less than twenty-four (24) inches. As added by P.L.282-2003, SEC.20.

Sec. 29. (a) Subsections (c), (d), and (e) do not apply to a city that before January 1, 2005, adopted an ordinance establishing procedures for the collection of unpaid user fees under this chapter through the enforcement of a lien. (b) Fees assessed against real property under t…

Sec. 3. As used in this chapter, "department" means the following: (1) For a consolidated city, the department of public works. (2) For all other municipalities, the department of storm water management established under section 4 of this chapter. (3) For a county, the department…

Sec. 3.5. As used in this chapter, "district" means the special taxing district established by section 5 of this chapter. As added by P.L.93-1993, SEC.5 and P.L.98-1993, SEC.3.

penalties Sec. 30. (a) The board may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days. However, in the case of property that is occupied by someone ot…

Sec. 31. (a) A district may foreclose a lien established by this chapter in order to collect fees and penalties. The district shall recover the amount of the fees and penalties, and a reasonable attorney's fee. The court shall order the sale to be made without relief from valuati…

outstanding bonds; payments to municipality Sec. 32. (a) This section applies to excluded cities and towns in a county containing a consolidated city. (b) A municipality to which this section applies may withdraw from the district established by the consolidated city if the munic…

Sec. 4. (a) This section applies to all municipalities except a consolidated city. (b) If the legislative body of a municipality adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors. (c…

directors; compensation Sec. 4.5. (a) This section applies to a county. (b) If the county executive adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors. (c) An ordinance adopted under …

Sec. 5. (a) The ordinance adopting the provisions of this chapter creates a special taxing district that includes the following: (1) For a consolidated city, all of the territory of the county containing the consolidated city. (2) For all other municipalities, all territory withi…

Sec. 7. (a) The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through: (1) proceeds of special taxing district bonds of the storm water district; (2) the assumption of liability incurred to const…

Sec. 9. (a) In fixing the revenues of the department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the department. (b) If a surplus is accumulated in the operating and maintenance account, the board may transfer any …

Sec. 1. Any county or municipality bordering on a stream which forms the boundary line between Indiana and any adjoining state, through its county executive may build and maintain a bridge across the river or stream, in cooperation with any contiguous governmental unit of the adj…

Formerly: Acts 1920(2ss), c.25, s.2. As amended by Acts 1981, P.L.11, SEC.57; P.L.86-1988, SEC.35. Repealed by P.L.113-1989, SEC.11.

Sec. 3. After action by the county executive certified to the county fiscal body, the county fiscal body shall appropriate, out of the money raised by taxation or realized from the sale of bonds under IC 8-18-22 or obligations, one-half (1/2) of the necessary money to build and m…

Sec. 4. The county executive of the county may plan all details, do all things necessary to carry out the work of constructing and maintaining the bridge, and cooperate with the contiguous governmental unit of the adjoining state in building and maintaining the bridge. Formerly: …

Sec. 1. A county executive, or any two (2) or more counties acting under IC 36-1-7, may employ a full-time county highway engineer who is responsible for supervising the design, construction, planning, traffic, and other engineering functions of the county highway department unde…

Sec. 10. (a) Upon receipt of the annual certification from the county auditor, the auditor of state shall distribute from the county highway engineer fund to each county a grant-in-aid subsidy of forty thousand dollars ($40,000) that is to be applied toward the engineer's annual …

Formerly: Acts 1963, c.131, s.11; Acts 1971, P.L.104, SEC.3. Repealed by Acts 1981, P.L.41, SEC.72(b).

Sec. 11.1. Any balance in the county highway engineers' fund at the end of each calendar year shall be returned to the counties' share of the motor vehicle highway account to be distributed in January of the following year. As added by Acts 1981, P.L.41, SEC.58.

Sec. 12. This chapter shall not be construed as abolishing the office or employment of county highway supervisors; provided, that the respective boards of county commissioners may provide for the county highway engineer to serve also as the county highway supervisor. Formerly: Ac…

county highway engineer; divisions Sec. 13. (a) This section applies to each county that employs a full-time county highway engineer under this chapter. (b) A county engineering department may be established by ordinance. (c) The county highway engineer shall, under the direction…

Sec. 2. The county highway engineer must be a registered engineer, licensed by the state board of registration for professional engineers, experienced in highway engineering and construction and a resident of Indiana during the engineer's employment. Formerly: Acts 1963, c.131, s…

Formerly: Acts 1963, c.131, s.3. Repealed by P.L.86-1988, SEC.227.

Sec. 4. The county highway engineer is entitled to a salary fixed by the county executive and shall be allowed actual traveling and other expenses incurred in the discharge of duties. The salary and expenses shall be paid out of county general funds, the county distribution of mo…

Sec. 5. The county highway engineer shall work under the direction of the county executive and shall, under IC 5-4-1, give bond for the faithful performance of the engineer's duties. The county highway engineer may not enter into agreements to provide engineering services for pay…

Sec. 6. The county highway engineer shall, subject to the policies of the county executive, perform the following functions: (1) Prepare and publish a county-wide inventory and classification of the county highway system so that the total county federal aid secondary system is in…

highway supervisor Sec. 7. County highway engineers employed under this chapter shall perform the duties of the office of county highway supervisor relating to roads and bridges. Formerly: Acts 1963, c.131, s.7. As amended by P.L.66-1984, SEC.99; P.L.86-1988, SEC.128.

Sec. 8. There is annually appropriated from the counties' share of the April distribution of the motor vehicle highway account the amount necessary to make the distributions under this chapter for assisting the counties in the employment of a full-time county highway engineer. Fo…

Sec. 9. The auditor of each county that employs a full-time county highway engineer shall annually certify that employment to the auditor of state. The certification must include: (1) the name and address of the county highway engineer; and (2) the serial number of the engineer's…

Sec. 1. (a) As used in this section, "child" or "stepchild" includes a child or stepchild of any age. (b) The owner, operator, or person responsible for the operation of an aircraft is not liable for loss or damage arising from injuries to or the death of his: (1) parent; (2) spo…

Sec. 1. The governing body of a county, city, village, town, or other political subdivision of an adjoining state whose statutes permit may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation …

Sec. 2. The political subdivision of an adjoining state has all the rights, privileges, and duties of political subdivisions of Indiana, including the power of eminent domain, which must be exercised in accordance with Indiana law, as to property not devoted to public use, and th…

facilities of adjoining state Sec. 3. The governing body of any political subdivision of Indiana may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities in an adjoining state if the…

Sec. 4. This chapter does not apply unless the statutes of the adjoining state permit political subdivisions of Indiana to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and otherwise control airports, landing fields, or other air navigatio…

termination; notice; entry; costs; exceptions Sec. 1. (a) The department may remove, prevent, or terminate an encroachment onto a state highway, right-of-way, or other department property, including drainage onto the highway, right-of-way, or other property. (b) If the department…

infrastructure in limited access highway rights-of-way; required installation of fiber conduit by excavators; fee for use of communications infrastructure; discrimination among entities requesting access prohibited; department to adopt rules Sec. 10. (a) The following definitions…