Title 36, LOCAL GOVERNMENT

Sec. 1. This chapter applies to all counties. However, sections 6, 7, 9, 10, 30, 31, and 32 of this chapter do not apply to a county having a consolidated city. [Pre-Local Government Recodification Citation: 19-4-1-3 part.] As added by Acts 1981, P.L.309, SEC.101.

Sec. 10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of the member's or employee's office. (b) The co…

Sec. 100. To provide money for a cumulative drainage fund established under section 99 of this chapter, the fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation of all taxable personal …

Sec. 102. The taxes collected under section 100 of this chapter shall be held in a special fund to be known as the "(city, town, or county) cumulative drainage fund". [Pre-Local Government Recodification Citation: 19-4-10.1-4 part.] As added by Acts 1981, P.L.309, SEC.101. Amende…

Sec. 103. Notwithstanding any other provision of this chapter, after the establishment of a cumulative drainage fund, a hearing shall be held before the board undertakes any project to construct or reconstruct a regulated drain or to maintain a regulated drain when the total cost…

Sec. 104. (a) Whenever: (1) a petition to construct a new drain is filed under sections 54 through 65 of this chapter, a board initiates proceedings to reconstruct a drain under sections 49 through 52 of this chapter, or proceedings are initiated in Illinois, Kentucky, Michigan, …

Sec. 105. (a) The county surveyor representing a board from Indiana that is part of an interstate board shall work with the surveyor or engineer representing the officials of the other state in the performance of the duties required of the county surveyor by this chapter. The int…

Sec. 106. (a) Any owner of land affected by a final order or determination of a board is entitled to judicial review of that order or determination in the circuit or superior court of the county in which the board is located. The owner must file in the court a petition: (1) setti…

Sec. 107. (a) Whenever a petition for judicial review is filed on the ground that: (1) the board found that the petitioner's land would be benefited by the construction, reconstruction, or maintenance of a drain, and the benefits assessed were excessive; or (2) the petitioner's l…

Sec. 108. (a) Whenever: (1) a petition for judicial review of a board's final order for construction, reconstruction, or maintenance of a drain is filed in the circuit or superior court; and (2) the petition presents an issue or issues that may not be heard de novo by the court; …

Sec. 109. (a) All petitions, evidence, requests, and other documents required to be filed with the board under this chapter, including all material and documents of every kind prepared by the county surveyor or on the surveyor's behalf, shall be filed in the office of the surveyo…

Sec. 11. All expenses of the board shall be paid from money appropriated from the county general fund. Claims for expense reimbursements and per diem must be: (1) accompanied by an itemized written statement; (2) approved by a recorded motion of the board; and (3) allowed as prov…

Sec. 110. (a) Whenever this chapter provides for the mailing of a notice to owners of affected land, the notice shall be addressed to the owner at the owner's home address as last entered by the county auditor for property tax purposes. If the owner is a railroad company or utili…

Sec. 111. Whenever the last day for filing any document under this chapter falls on a legal holiday, the time for the filing shall be extended to the next day that is not a legal holiday. [Pre-Local Government Recodification Citation: 19-4-1-12 part.] As added by Acts 1981, P.L.3…

Sec. 112. (a) In determining benefits to land under sections 39, 50, and 62 of this chapter, the board may consider: (1) the watershed affected by the drain to be constructed, reconstructed, or maintained; (2) the number of acres in each tract; (3) the total volume of water drain…

Sec. 113. (a) For the purpose of investment, the county treasurer may consolidate part or all of the money in any fund established under this chapter with the money in any other fund established under this chapter or other money held by the county treasurer. (b) Unless the invest…

Sec. 114. (a) This section applies to a county that: (1) receives notification from the department of environmental management that the county will be subject to regulation under 327 IAC 15-13; and (2) has not adopted an ordinance to adopt the provisions of IC 8-1.5-5. (b) As use…

Sec. 12. (a) This section does not apply to a joint board that includes three (3) or more counties in a drainage basin of more than one hundred thousand (100,000) acres. (b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated…

Sec. 13. (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) There is established a county drainage advisory committee. The executive of each township in the county shall appoint…

Sec. 14. (a) Whenever it appears to the county surveyor that any proceedings instituted under this chapter may affect land in more than one (1) county, the county surveyor shall immediately forward notification of that fact to the chair of the board of each county in which the la…

Sec. 15. Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter. [Pre-Local Government Recodification Citation: 19-4-5-1.] As added by Acts 1981, P.L.309, SEC.101.

Sec. 16. (a) Private and mutual drains are not subject to this chapter. (b) Land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain. [Pre-Loc…

Sec. 17. (a) Whenever: (1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and (2) the construction or extension will not go through land owned by other persons; the owner shall file wi…

Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain me…

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 thirt…

Sec. 2. As used in this chapter: "Affected land" means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. "Board" refers to the drainage board of a county. "Crossing" means a drainage structure that passes over, unde…

Sec. 2.5. (a) For the purposes of this chapter, a reference to "drain", "drainage", or "ditch" is deemed to include a "dam". However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam. (b) Any owner may petition a…

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 add…

Sec. 20.5. (a) A municipal or sanitary district drain maintenance fund is established for each drain: (1) that is subject to assessments by the board for periodic maintenance and repair; and (2) jurisdiction over which is transferred by the board to a municipality or sanitary dis…

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 privat…

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…

Sec. 22. (a) A municipality acting under a statute other than this chapter may not construct, reconstruct, or maintain a drain that: (1) is located partly or wholly within the corporate boundaries of the municipality; and (2) will flow directly or indirectly into a regulated drai…

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;…

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 appro…

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 res…

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 ma…

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…

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…

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 fi…

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 r…

Sec. 3. (a) The rights and powers of a political subdivision under this chapter as an owner shall be exercised on behalf of the political subdivision by: (1) the works board, for a municipality; (2) the executive, for a county or a township; and (3) the fiscal body, for any other…

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 compensatio…

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 re…

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 …

Sec. 33. (a) The county surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter has the right of entry over and upon land lying within seventy-five (75) feet of any regulated drain. The seventy-five (75) foot limit shall be meas…

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 se…