Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 8. Before the date set for the hearing, the names of the viewers of the proposed work described in the petition shall be determined as follows: (1) The president of the board of commissioners of each county affected shall submit in writing to the clerk of the court in which …

Sec. 9. On the day set for the hearing on the form of a petition, the court shall appoint two (2) viewers who shall, with the viewers designated under section 8 of this chapter, pass upon the project as set out. The two (2) viewers appointed by the court: (1) must be reputable fr…

Sec. 1. This chapter applies if a public ditch or drain is established and constructed under the order of any of the following: (1) A circuit or superior court. (2) A county executive. [Pre-1995 Recodification Citation: 13-2-21-2 part.] As added by P.L.1-1995, SEC.20.…

Sec. 10. (a) Upon the hearing of a petition filed under section 4 of this chapter, an owner of real property within the proposed district may appear and contest the necessity for or utility of the establishment of the district. (b) The court shall determine the following: (1) Whe…

Sec. 11. (a) The board of commissioners of the county shall appoint three (3) drainage commissioners to do the following: (1) Take charge of the maintenance and repair of the dredge ditch or drain within the district. (2) Perform other duties assigned to the drainage commissioner…

Sec. 12. (a) The initial drainage commissioners serve for terms designated by the board of commissioners of the county as follows: (1) One (1) drainage commissioner for one (1) year. (2) One (1) drainage commissioner for two (2) years. (3) One (1) drainage commissioner for three …

Sec. 13. Before entering upon the discharge of their duties, the drainage commissioners shall take and subscribe an oath to do the following: (1) Faithfully and honestly discharge the duties of office without favor or partiality. (2) Give a true account of their work to the board…

Sec. 14. The drainage commissioners: (1) shall elect one (1) of the drainage commissioners chairman; and (2) may elect one (1) of the drainage commissioners secretary. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.

Sec. 15. A majority of the drainage commissioners constitutes a quorum. A quorum is sufficient in any matter within their duties as drainage commissioners. [Pre-1995 Recodification Citation: 13-2-21-6(a) part.] As added by P.L.1-1995, SEC.20.

Sec. 16. (a) Upon the death or removal from the county of a drainage commissioner, the board of commissioners of the county shall appoint a successor. (b) A drainage commissioner is subject to removal for cause upon written charges filed against the drainage commissioner in the c…

Sec. 17. (a) A drainage commissioner serves without salary, but is entitled to be paid from the drainage maintenance fund twenty-five dollars ($25) per day, not to exceed five hundred dollars ($500) annually, for every day the drainage commissioner is actively and necessarily emp…

Sec. 18. (a) The drainage commissioners: (1) shall at all times keep and maintain the dredge ditch and drain in proper condition; and (2) may, subject to subsection (b), hire all labor, purchase all material, and do all acts that are necessary and incident to maintaining the ditc…

Sec. 19. (a) The drainage commissioners shall do the following: (1) Keep a complete record of their proceedings and note in the record all expenses incurred in the maintenance and repair of the ditch and drain. (2) File with the county auditor an itemized statement showing the co…

Sec. 2. As used in this chapter, "district" refers to a drainage maintenance and repair district. [1995 Recodification Citation: New.] As added by P.L.1-1995, SEC.20.

Sec. 20. To raise the drainage maintenance fund, the drainage commissioners shall meet annually to do the following: (1) Estimate the amount of money necessary to properly maintain the ditch and drain for the ensuing year. (2) Determine what percent that amount is of the total of…

Sec. 21. The petitioners for the district shall present an itemized statement of all costs incurred by the petitioners in petitioning for the establishment of the district. If the drainage commissioners find the statement to be true and the expenses to be reasonable, the drainage…

Sec. 22. (a) The drainage commissioners shall, before November 1 of each year, file with the county auditor a certified copy of the resolution fixing the assessment rate. (b) The county auditor shall do the following: (1) Prepare an assessment duplicate assessing each tract of la…

Sec. 23. A balance remaining in the drainage maintenance fund at the end of a year shall be carried forward into the drainage maintenance fund for the ensuing year. [Pre-1995 Recodification Citation: 13-2-21-5(e).] As added by P.L.1-1995, SEC.20.

Sec. 24. A district established under this chapter or under IC 13-2-21 (before its repeal) may be dissolved by order of the court that established the district in accordance with: (1) IC 36-9-27-27; or (2) section 25 of this chapter. [Pre-1995 Recodification Citation: 13-2-21-7(a…

Sec. 25. (a) The court shall dissolve the district if it is shown that a petition for dissolution contains either of the following: (1) The names of a majority of the drainage commissioners. (2) The names of: (A) the owners of at least two-thirds (2/3) of the acreage described wi…

Sec. 3. As used in this chapter, "ditch" or "drain" includes the following: (1) A main dredge ditch. (2) The lateral ditches: (A) tributary to a main ditch; and (B) constructed as one (1) system of drainage by the use of a dredge machine. [Pre-1995 Recodification Citation: 13-2-2…

Sec. 4. (a) A petition requesting the establishment of a drainage maintenance and repair district under this chapter may not be filed after June 30, 2001. (b) Twenty percent (20%) of the owners of the real property assessed for a ditch or drain who: (1) would benefit by the const…

Sec. 5. A petition filed under section 4 of this chapter must do the following: (1) Describe all the land assessed with benefits for the construction or reconstruction of the ditch or drain. (2) State a general description of the ditch or drain that the district is proposed to ke…

Sec. 6. If the proposed district includes a city, town, or part of a city or town, the legislative body of the city or town may, after determining whether the city or town and the owners of land located in the city or town that would be included in the proposed district would ben…

Sec. 7. (a) Upon the filing of a petition described in section 4 of this chapter, the clerk of the court shall do the following: (1) Fix by endorsement upon the petition a day in the next term of the court, not less than twenty (20) days later than the date of the filing of the p…

Sec. 8. Notice given under section 7 of this chapter must state the following: (1) The date of the filing. (2) The time and place of the hearing. (3) The fact that the petition requests the establishment of a district. (4) The name and a general description of the dredge ditch or…

Sec. 9. (a) If a landowner in the proposed district is not a resident of one (1) of the counties in which the proposed district will lie, the petitioners shall file in the clerk's office with the petition an affidavit that does the following: (1) Gives the name of every nonreside…

Sec. 1. As used in this chapter, "stream" means a natural or an altered river, creek, slough, or artificial channel that has: (1) definable banks and a bed capable of conducting confined runoff; (2) visible evidence of the flow or occurrence of water; and (3) a watershed in exces…

Sec. 2. (a) A person may use a stream that is capable of use by a watercraft for boating, fishing, or other recreational purposes if the stream is designated as a recreational stream by rule adopted by the commission. (b) The right of a person to use a recreational stream is limi…

Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 for the designation of streams or parts of streams as recreational streams. (b) Before a hearing on the designation of a stream as a recreational stream and in addition to the notification requirements under IC 4-22-2, …

Sec. 4. The use of a stream designated under this chapter does not do any of the following: (1) Impose a duty upon the riparian landowner or tenant to provide for the safe use of the stream. (2) Affect ownership of the bed of the stream. (3) Affect a determination of the stream's…

Sec. 5. A person who: (1) throws, dumps, or leaves refuse in the water or on the banks of a stream designated under this chapter; or (2) crosses private land to gain access to a designated stream without the permission of the landowner or tenant of the land; commits a Class B mis…

Sec. 1. As used in this chapter, "fund" means the clean water Indiana fund established by this chapter. As added by P.L.160-1999, SEC.4.

Sec. 2. As used in this chapter, "political subdivision" means a county, township, city, or town. As added by P.L.160-1999, SEC.4.

Sec. 3. As used in this chapter, "program" means the clean water Indiana program established by this chapter. As added by P.L.160-1999, SEC.4.

Sec. 4. The clean water Indiana program is established. The division of soil conservation established within the department of agriculture by IC 15-11-4-1 shall administer the program subject to the direction of the board. As added by P.L.160-1999, SEC.4. Amended by P.L.1-2006, S…

Sec. 5. The purpose of the program is to provide financial assistance to: (1) soil and water conservation districts; (2) land occupiers; and (3) conservation groups; to implement conservation practices to reduce nonpoint sources of water pollution through education, technical ass…

Sec. 6. (a) The clean water Indiana fund is established to carry out the purposes of this chapter. The fund shall be administered by the division of soil conservation subject to the direction of the board. (b) The fund consists of: (1) amounts deposited in the fund under IC 6-7-1…

Sec. 7. Money in the fund may be spent in the following ways: (1) To increase district technical assistance in local conservation efforts. (2) To develop an environmental stewardship program to assist land occupiers in complying with environmental regulations voluntarily. (3) To …

Sec. 8. (a) In addition to funds provided to a district under section 7 of this chapter or from any other source, the division of soil conservation shall pay to the district one dollar ($1) for every one dollar ($1) the district receives: (1) from a political subdivision; or (2) …

Sec. 8.2. (a) This section applies to a district if, as the result of: (1) the merger of two (2) or more districts; or (2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5; the territory of the district is larger than the entire area of one (1) count…

Sec. 8.3. (a) This section applies to a district if, as the result of: (1) the merger of two (2) or more districts; or (2) the changing of the boundaries of one (1) or more districts under IC 14-32-6.5; the territory of the district is smaller than the entire area of one (1) coun…

Sec. 9. The districts shall coordinate with the division of soil conservation to compile and provide a report to the executive director of the legislative services agency each year. The report must be in an electronic format under IC 5-14-6 and must describe: (1) the expenditures…

Sec. 1. At the time of making the order approving the district plan but not later than thirty (30) days following the completion of construction of the works of improvement provided for in the district plan, and upon petition of the board or of a freeholder whose land is subject …

Sec. 10. (a) The report of the board of appraisers must state the following: (1) The name of the record owner of the real property appraised. (2) If damages are assessed, the following: (A) The names of other persons entitled to share in the award. (B) The best known mailing addr…

Sec. 11. The board of appraisers may report, subject to the finding and approval of the court, that an increase in fair market value of real property caused by the installation of a sewer main through or adjacent to the property is an exceptional benefit to the property regardles…