Title 36, LOCAL GOVERNMENT

Sec. 4. As used in this chapter, "water utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); (3) a not-for-profit utility (as defined in IC 8-1-2-125(a)); (4) a cooperatively owned corporation; (5) a co…

Sec. 5. (a) This section applies to the owner of a lot, parcel of real property, or building if: (1) the sewage disposal system that serves the lot, parcel, or building is failing; and (2) the owner seeks to install (or to cause to be installed) a sewer line or other sewage works…

Sec. 6. (a) This section applies if the owner of a lot, parcel of real property, or building seeks to install (or to cause to be installed) a water service line or other infrastructure for the delivery of water utility service to the owner's lot, parcel of real property, or build…

Sec. 7. (a) This chapter does not abrogate, limit, or affect in any manner the authority of a unit under: (1) IC 8-1-2-101; or (2) any other law; to otherwise regulate or control a public right-of-way owned or controlled by the unit. (b) This chapter does not abrogate, limit, or …

Sec. 8. This chapter does not affect the rights of any water utility or wastewater utility with respect to the service area or territory of the water utility or wastewater utility, as those rights may be established or limited by law. As added by P.L.150-2019, SEC.2.

Sec. 1. A county or municipality may not adopt or enforce a land use or planning ordinance or regulation that would have the effect of: (1) controlling the amount of rent charged or the purchase price agreed upon for a transaction pertaining to the lease or purchase of privately …

Sec. 2. A county or municipality may not require an owner of privately owned real property to agree to: (1) a requirement that would have an effect described in section 1(1) or 1(2) of this chapter; or (2) the payment of a fee, in lieu of a requirement described in section 1(1) o…

Sec. 3. This chapter does not impair the right of a county or municipality to: (1) manage or control the development of commercial or residential real property in which the county or municipality has an ownership interest; or (2) enact, enforce, or maintain a general land use reg…

Sec. 4. This chapter does not impair the right of an owner to voluntarily agree to a requirement that would have an effect described in section 1(1) or 1(2) of this chapter in exchange for incentives or grants provided by the county or municipality to the owner of the privately o…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. The following definitions apply throughout this chapter: (1) "Executive board" means the task force executive board established by section 3 of this cha…

Sec. 2. (a) The Indiana crime guns task force is established. The task force shall be hosted by the Indianapolis metropolitan police department, which shall administratively support the task force. (b) The purpose of the task force is to reduce violent crime and bring violent cri…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 3. (a) The task force executive board is established to oversee and direct the operations of the task force. (b) The executive board consists of: (1) the c…

Sec. 4. (a) The Indianapolis metropolitan police department shall appoint an executive director to assist the executive board in the efficient administration of its powers and duties. The person appointed as executive director must have at least ten (10) years of experience as a …

Sec. 5. (a) The chairperson is the presiding officer at the meetings of the executive board. The chairperson, together with the executive director, shall prepare, certify, and authenticate all proceedings, minutes, records, rules, and regulations of the executive board. (b) The e…

Sec. 6. The executive board shall do the following: (1) Work with the executive director to develop a memorandum of understanding to be used with participating law enforcement agencies. The memorandum of understanding must include: (A) staffing and personnel requirements; (B) sta…

Sec. 7. Personnel assigned to the task force by a participating law enforcement agency remain employees of the participating agency and not of the task force. The following apply to personnel assigned to the task force by a participating law enforcement agency: (1) The participat…

Sec. 8. (a) The Indiana criminal justice institute shall establish the Indiana crime guns task force fund for the purpose of providing support for the operations of the task force. (b) The fund consists of the following: (1) Grants and donations made to the task force. (2) Money …

Sec. 1. As used in this chapter, "advisory board" refers to the Indiana Drainage Handbook advisory board. As added by P.L.105-2024, SEC.6.

Sec. 2. As used in this chapter, "department" refers to the Indiana state department of agriculture. As added by P.L.105-2024, SEC.6.

Sec. 3. As used in this chapter, "Indiana Drainage Handbook" refers to the publication "Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana Streams and Ditches", which was prepared by the Christopher B. Burke Engineering Company in accor…

Sec. 4. (a) The department shall oversee and take all actions necessary for the preparation and publication of an updated version of the Indiana Drainage Handbook. (b) The department may select a contractor to draft the updated version of the Indiana Drainage Handbook. The contra…

Sec. 5. (a) The secretary of agriculture and rural development shall appoint an Indiana Drainage Handbook advisory board to: (1) advise the contractor and the department on the preparation of the updated version of the Indiana Drainage Handbook; and (2) review and comment on: (A)…

Sec. 6. (a) The advisory board may not take official action or make official recommendations on: (1) general drainage policies; (2) the text of drafts of the updated version of the Indiana Drainage Handbook; or (3) the structure of the updated version of the Indiana Drainage Hand…

Sec. 7. (a) The advisory board shall meet at the call of the chairperson. After the contractor is selected under section 4 of this chapter, the advisory board: (1) shall meet at least two (2) times to review the work of the contractor; and (2) may meet at other times at the call …

Sec. 8. (a) The department shall staff the advisory board. (b) The department may record and keep records of comments provided by the advisory board to the department or the contractor selected under section 4 of this chapter. As added by P.L.105-2024, SEC.6.

Sec. 1. As used in this chapter, "drain" refers to a mutual drain (as defined in IC 36-9-27-2). As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

Sec. 10. A petition filed by a person described in section 9(1) of this chapter must include the following: (1) A general description of the tract of land owned by the petitioner. (2) A general explanation of the need for the removal of the obstruction. (3) A general description …

Sec. 11. The drainage board may require, as a condition of filing a petition under this chapter, the payment of a filing fee. The drainage board may not set the filing fee at an amount greater than is reasonably necessary to defray the expenses incurred by the board in processing…

Sec. 12. (a) If a petition filed under this chapter alleges the obstruction of: (1) a drain; or (2) a natural surface watercourse; the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists. (b) If the …

Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if: (1) it appears that a respondent has not been served with notice; or (2) the interests of fairness otherwise compel a postponement. As added by P.L.…

Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that: (1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and (2) the removal of the obstruction will: (A) promote better drainage of the petitio…

Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the responde…

Sec. 16. (a) If the drainage board finds: (1) for the petitioner under section 14(a) of this chapter; and (2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents; the dr…

Sec. 17. If the drainage board: (1) finds for the petitioner under section 14(a) of this chapter; and (2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents; the dra…

Sec. 18. (a) If: (1) a petition filed under this chapter concerns a natural surface watercourse; and (2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; and (B) does not find under section 15 of this chapter that the obstruction of the natura…

Sec. 19. (a) If: (1) a petition filed under this chapter concerns a drain; and (2) the drainage board: (A) finds for the petitioner under section 14(a) of this chapter; but (B) does not find under section 15 of this chapter that the obstruction of the drain was created intentiona…

Sec. 2. As used in this chapter, "drainage board" means the following: (1) Except as provided in subdivision (2): (A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or (B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2). …

Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter. (b) An owner of a tract who pays all of or a porti…

Sec. 21. In entering an order concerning the removal of an obstruction under this chapter, a drainage board may: (1) provide for the costs of the removal work to be paid directly by one (1) or more of the persons subject to the order; or (2) authorize an advance on the general dr…

Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by: (1) the drainage board, as custodian of the ge…

Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacate…

Sec. 24. (a) In an action filed under section 23 of this chapter, the court: (1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and (2) may issue an injunction against the removal of the obstruction; if the c…

Sec. 25. (a) For the purposes of this chapter: (1) a county surveyor; (2) a member of a drainage board; or (3) an authorized representative of a county surveyor or drainage board; has a right of entry over and upon a tract of land containing a drain or natural surface watercourse…

Sec. 3. As used in this chapter, "natural surface watercourse" means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel. As added by P.L.239-1996, SEC.3 and P.L.240-1996, …

Sec. 4. (a) As used in this chapter, "obstruction" means a condition that: (1) exists within or near a drain; and (2) prevents or significantly impedes the flow of water through the drain. (b) The term includes the following: (1) The presence of: (A) one (1) or more objects insid…

Sec. 5. As used in this chapter, "owner" means a person who holds a possessory legal interest in land. As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.