Title 36, LOCAL GOVERNMENT

Sec. 1. As used in this chapter, "executive" means: (1) the board of county commissioners, in the case of Johnson County; or (2) the mayor, in the case of a consolidated city. As added by P.L.139-2018, SEC.2.

Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied: (1) The contract must be executed not later than June 30, 2021. (2) Each member of the homeowners association must…

Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following: (1) Authorize the unit to repair subdivision drains located in the subdivision either: (A) through the work of employees of …

Sec. 12. (a) A person authorized under section 11(3) of this chapter that is engaged in subdivision drain repair in performance of a contract under this chapter may enter upon, over, or under land, water, or property within a subdivision to perform the subdivision drain repair wo…

Sec. 13. While performing work under a contract entered into under this chapter, persons authorized under section 11(3) of this chapter are not considered trespassers and are liable only for the actual damages they cause to property. As added by P.L.139-2018, SEC.2.

Sec. 14. Not later than ten (10) business days after the date a contract is executed under this chapter, the executive shall record the contract with the county recorder. As added by P.L.139-2018, SEC.2.

Sec. 15. (a) The fiscal officer shall: (1) establish a subdivision drain repair fund; and (2) create a separate account within the fund for each subdivision with which the executive enters into a contract under this chapter. (b) The fund established under subsection (a) shall be …

Sec. 16. Assessments imposed on the owners of property in a subdivision under section 11(2) of this chapter: (1) shall be set by the executive or the executive's designee at an amount not greater than is necessary to meet the cost of repairs needed at the time the contract is ent…

Sec. 17. If the balance in the account created for a subdivision under section 15(a)(2) of this chapter is insufficient to pay the cost of repairing a subdivision drain in the subdivision, the unit may: (1) pay the expenses of the repair initially from: (A) the county general fun…

Sec. 18. (a) All assessments that are imposed on an owner of property in a subdivision under this chapter but are unpaid constitute a subdivision drain repair lien on the property as provided in section 19 of this chapter. (b) The priority of a subdivision drain repair lien is es…

Sec. 19. (a) A subdivision drain repair lien under this chapter attaches to real estate upon the recording of a notice of lien by the fiscal officer in the office of the recorder of the county in which the real estate is located. (b) A notice of lien may not be recorded under thi…

Sec. 2. As used in this chapter "fiscal officer" means: (1) the county auditor, in the case of Johnson County; or (2) the controller, in the case of a consolidated city. As added by P.L.139-2018, SEC.2.

Sec. 20. (a) In the case of a voluntary conveyance of property in a subdivision, the grantee of the property is jointly and severally liable with the grantor for all unpaid subdivision drain repair assessments that were imposed on the grantor under this chapter before the grant o…

Sec. 21. Subdivision drain repair assessments imposed under this chapter may be enforced and collected as special assessments under IC 6-1.1-22 and IC 6-1.1-24 and under IC 6-1.1-25. As added by P.L.139-2018, SEC.2.

Sec. 22. The executive may not enter into a contract under this chapter with a homeowners association of a subdivision after June 30, 2021. The rights and obligations of a contract executed under this chapter before July 1, 2021, are not affected after June 30, 2021, and do not i…

Sec. 3. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3. As added by P.L.139-2018, SEC.2.

Sec. 4. As used in this chapter, "homeowners association" has the meaning set forth in IC 32-25.5-2-4. As added by P.L.139-2018, SEC.2.

Sec. 5. As used in this chapter, "subdivision" has the meaning set forth in IC 32-25.5-2-5. As added by P.L.139-2018, SEC.2.

Sec. 6. As used in this chapter, "subdivision drain" means a system that: (1) consists of: (A) underground pipes; and (B) one (1) or more inlets; (2) may also include one (1) or more streams, swales, ditches, natural drains, catch basins, and other components; (3) is designed to …

Sec. 7. As used in this chapter, "unit" means: (1) Johnson County; or (2) the consolidated city in Marion County. As added by P.L.139-2018, SEC.2.

Sec. 8. This chapter applies to the following: (1) A subdivision located in an unincorporated area of Johnson County. (2) A subdivision located within a consolidated city. This chapter does not apply to a subdivision located within the boundaries of an excluded city (as defined i…

Sec. 9. This chapter applies to a subdivision regardless of whether IC 32-25.5 applies to the subdivision in its entirety under IC 32-25.5-1-1(a). As added by P.L.139-2018, SEC.2.

Sec. 1. This chapter applies to counties and municipalities. As added by P.L.168-1999, SEC.2.

Sec. 2. As used in this chapter, "policy" refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property. As added by P.L.168-1999, SEC.2.

Sec. 3. By January 1, 2001, the legislative body of a unit shall establish a policy of the unit for the management of stormwater runoff from developed real property in the unit. The legislative body may establish the policy by resolution or ordinance. As added by P.L.168-1999, SE…

Sec. 4. The policy may, but is not required to, provide for the actual management of stormwater runoff from developed real property. As added by P.L.168-1999, SEC.2.

Sec. 5. (a) If the unit is a city, the geographic scope of the city's policy must include all territory located within the city. (b) If the unit is a town, the geographic scope of the town's policy must include all territory located within the town unless the legislative body of …

Sec. 6. A policy adopted by a legislative body of a unit under this chapter must comply with IC 36-7-4-702(f). As added by P.L.172-2025, SEC.5.

Sec. 1. (a) As used in this chapter, "artificial conveyance" means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently. (b) The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drai…

Sec. 2. As used in this chapter, "channel" means a part of a natural watercourse or artificial conveyance that: (1) periodically or continuously contains moving water; and (2) has a defined bed and banks that serve to confine the water. As added by P.L.125-2011, SEC.3.…

Sec. 3. As used in this chapter, "runoff" means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems. As added by P.L.125-2011, SEC.3.

Sec. 4. As used in this chapter, "storm water conveyance system" means all methods, natural or manmade, used for conducting storm water to, through, or from a drainage area to any of the following: (1) Conduits and appurtenant features. (2) Canals. (3) Channels. (4) Ditches. (5) …

Sec. 5. As used in this chapter, "storm water nuisance" means a condition: (1) that arises out of or is related to storm water that is transferred through runoff or an artificial conveyance that: (A) is directed to the property of another person; (B) discharges storm water at or …

Sec. 6. As used in this chapter, "swale" means an elongated depression in the land surface that: (1) is at least seasonally wet; (2) is usually vegetated; (3) is a conduit for storm water flow; and (4) conducts storm water into primary drainage channels. As added by P.L.125-2011,…

Sec. 7. As used in this chapter, "unit of government" means: (1) the town council or its designee if the storm water nuisance is located within the boundaries of a town; (2) the city board of works or its designee if the storm water nuisance is located within the boundaries of a …

Sec. 8. (a) If: (1) a person who owns a tract of land seeks the removal of a storm water nuisance; and (2) the owner of the land on which the storm water nuisance is located does not remove the storm water nuisance upon request; the person seeking the removal may file a request u…

Sec. 9. (a) An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, …

Sec. 1. This chapter applies to all units. As added by P.L.137-2026, SEC.1.

Sec. 2. This chapter does not apply to a merit board or commission established under IC 36-8-3.5. As added by P.L.137-2026, SEC.1.

Sec. 3. As used in this chapter, "law enforcement agency" has the meaning set forth in IC 35-31.5-2-183. As added by P.L.137-2026, SEC.1.

Sec. 4. Except as provided in section 2 of this chapter, any type of law enforcement civilian oversight board or commission or any other entity established by a unit to provide civilian oversight over a law enforcement agency in existence on July 1, 2026, or established after Jun…

Sec. 1. This chapter applies to each county having a consolidated city. As added by Acts 1982, P.L.77, SEC.24.

Sec. 10. If the board has finally confirmed any resolution for all or any part of any project of flood prevention and control, and any property is required to be condemned, appropriated, or purchased, or is damaged or injuriously affected by the carrying out of the flood preventi…

Sec. 11. If the board finally confirms the resolution, it shall then proceed to award a contract for the project in accordance with IC 36-1-12. As added by Acts 1982, P.L.77, SEC.24.

Sec. 12. (a) For the purpose of raising money to pay for the property and the construction, and in anticipation of the special tax to be levied as provided in section 14 of this chapter, the board may cause to be issued, in the name of the consolidated city, the bonds of the floo…

Sec. 13. (a) All proceeds from the sale of bonds under section 12 of this chapter shall be kept as a separate and specific fund, to pay the cost of land, rights-of-way, and other property acquired and of construction of the work under the resolution, and all costs and expenses in…