Indiana Code
Chapter 27. Drainage Law
36-9-27-14. Proceedings Affecting More Than One County; Joint Boards

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 land is located, by certified mail with return receipt requested. The notice must state the number of counties involved and fix a date, hour, and place for a meeting of a joint board. The date for the meeting may not be less than twenty (20) nor more than thirty (30) days after the notice is mailed.
(b) After the notice is given, all proceedings in the matter shall be heard and determined by a board appointed from the membership of the board of each county in which lands that may be affected are located, as follows:
(1) If land in two (2) counties may be affected, the chair of the board of each county shall appoint two (2) of the members of the chair's board, other than the county surveyor, to serve on the joint board. In addition, a fifth member shall be appointed by the four (4) members of the joint board. The fifth member must reside in a county that is not affected by the drainage problem.
(2) If land in more than two (2) counties may be affected, the chair of the board of each county shall appoint one (1) of the members of the chair's board, other than the county surveyor, to serve on the joint board. If, as a result of the appointments, the board has an even number of members, the members of the joint board shall appoint an additional member to the joint board. The additional member must reside in a county that is not affected by the drainage problem.
(3) The surveyor of the county having the greatest length of drain or proposed drain serves as an ex officio member of the joint board, and has the same duties, powers, and responsibilities the county surveyor would have if the proposed construction, reconstruction, or maintenance affected lands lying solely within one (1) county.
(c) A joint board may authorize the employment of one (1) or more persons to assist the county surveyor who serves on the board in the performance of the county surveyor's duties in connection with the joint board. The joint board shall set the rate of compensation for the assistants and authorize an advance on the general drain improvement fund of each county in proportion to the apparent percentage of the total land area in each county to be affected by the drain. The cost of the assistants and the advance is a part of the operating expense of the joint board, which shall be finally adjusted and allocated as provided in subsection (e).
(d) Whenever the county surveyor finds that a joint board should be appointed and that:
(1) the area of affected land in the county surveyor's county exceeds eighty percent (80%) of the total area of land affected by the drain; or
(2) ninety percent (90%) or more of the length of the affected drain lies within the county surveyor's county;
the county surveyor may request in writing that each board in the lesser affected county or counties waive the right to be represented on a joint board and that the board of the county surveyor's county be the board for the proceedings. The request and all subsequent communications in the proceedings, including notice of any benefits or damages to the lands within a lesser affected county, shall be forwarded by certified mail with return receipt requested to the chair of the board of each lesser affected county. If the county surveyor does not receive a negative response to the county surveyor's request from the board of a lesser affected county within thirty (30) days, the surveyor may request the county surveyor's board to resolve itself as the board for the proceedings. The board shall serve notice only on the board of a lesser affected county and shall certify to the auditor of that county a single claim for all benefits in that county, unless the surveyor or board of that county furnishes to the board full and acceptable information concerning all individual parcels of affected land in that county, including maps.
(e) If the joint board proceeds with the proposed improvement or maintenance, all operating expense of the joint board, including the compensation of the fifth member appointed under subsection (b)(1) and the additional member appointed under subsection (b)(2) shall be:
(1) divided among the counties represented on it in the same proportion that the total land assessment allocated to each county bears to the total cost of the improvement or maintenance; or
(2) paid from the joint drain's maintenance fund after the fund is established and maintenance funds are collected.
If the joint board does not proceed, all operating expense of the joint board shall be apportioned by the joint board to the counties represented on it as justice requires.
(f) To the extent applicable, a joint board is governed by the provisions of this chapter concerning:
(1) the powers, duties, and procedures of a board that serves one (1) county; and
(2) the rights and remedies of owners affected by the proceedings of a board that serves one (1) county.
[Pre-Local Government Recodification Citations: 19-4-1-14; 19-4-1-15.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.225-1986, SEC.9; P.L.276-2001, SEC.11; P.L.127-2017, SEC.329.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 9. Transportation and Public Works

Chapter 27. Drainage Law

36-9-27-1. Application of Chapter

36-9-27-2. Definitions

36-9-27-2.5. "Dam" Defined; Certain Sections Not Applicable; Designation as Regulated Drain; Jurisdiction

36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State

36-9-27-4. Establishment

36-9-27-5. Composition

36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation

36-9-27-7. Officers; Meetings; Quorum; Approval of Actions

36-9-27-8. Power to Sue

36-9-27-9. Employment of Attorney

36-9-27-10. Compensation of Members and Employees

36-9-27-11. Payment of Expenses

36-9-27-12. Conflicts of Interest

36-9-27-13. Certain Counties; County Drainage Advisory Committees Established; Powers and Duties

36-9-27-14. Proceedings Affecting More Than One County; Joint Boards

36-9-27-15. Jurisdiction Over Regulated Drains

36-9-27-16. Private and Mutual Drains Exempt From Chapter

36-9-27-17. Private and Mutual Drains; Connection With Regulated Drains; Procedure

36-9-27-18. Private and Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by All Owners

36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner

36-9-27-20. Drains Located in Municipalities or Sanitary Districts; Relinquishment of Jurisdiction by Board

36-9-27-20.5. Drain Maintenance Fund; Transfer of Jurisdiction Over Drain to Municipality or Sanitary District

36-9-27-20.6. Right of Entry and Right-of-Way Powers

36-9-27-21. Certain Municipal Drains Exempt From Chapter; Assessment of Lands Benefited by Regulated Drains

36-9-27-22. Construction, Reconstruction, or Maintenance of Municipal Drains Flowing Into Regulated Drains; Procedure

36-9-27-23. Requests to Connect Private Drains With Regulated Drains; Water Pollution Control; Procedure

36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction

36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter

36-9-27-26. Drains Under Jurisdiction of Certain Drainage Maintenance and Repair Districts and Associations; Exemption From Chapter

36-9-27-26.5. Change of Drain and Drainage Maintenance Jurisdiction; Transfer of Funds and Administration

36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure

36-9-27-28. Drains Maintained by Certain Associations; Assumption of Jurisdiction by Board; Procedure

36-9-27-29. County Surveyors; Powers and Duties

36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation

36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board

36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation

36-9-27-33. Right of Entry Over Private Land; Extension of Spoil Banks Beyond Right-of-Way

36-9-27-34. Classification of Drains by County Surveyor

36-9-27-35. Submission of Classifications and Order of Work Priority of Drains to Board; Notice and Hearing on Classification and Reclassification Requests

36-9-27-36. Long Range Plan for Reconstruction, Maintenance, and Vacation of Drains; Requests for Advancement

36-9-27-37. Vacation of Drains; Procedure; Appeals

36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report

36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments

36-9-27-40. Periodic Maintenance of Drains; Notice and Hearing on County Surveyor's Report and Schedule of Assessments; Objections; Publication of Notice of Final Order

36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure

36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure

36-9-27-43. Omission of Annual Assessment

36-9-27-44. Establishment of Maintenance Funds for Drains

36-9-27-45. Maintenance Funds for Drains; Use of Funds

36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds

36-9-27-46. Obstruction of Drains; Repair Procedure

36-9-27-47. Persons Entering Land Under Contract, Easement, or Statute; Damage to Drains; Repair Procedure

36-9-27-48. Construction or Reconstruction of Drains; Relocation of Public Utility Equipment; Procedure

36-9-27-49. Reconstruction of Drains; County Surveyor's Report

36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages

36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments

36-9-27-52. Reconstruction of Drains; Notice and Hearing on County Surveyor's Report and Schedules; Objections; Final Order

36-9-27-52.5. Authorization for Reconstruction of Regulated Drain

36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure

36-9-27-53.5. Review of Proposed Reconstruction or Maintenance Project; Potential Onsite Field Review

36-9-27-54. Establishing New Regulated Drains; Petitions

36-9-27-55. Establishing New Regulated Drains; Inspection and Preliminary Report by County Surveyor

36-9-27-56. Establishing New Regulated Drains; Negative Findings by Surveyor; Procedure

36-9-27-57. Establishing New Regulated Drains; Affirmative Findings by Surveyor; Additional Lands Affected; Procedure

36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition

36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition

36-9-27-60. Establishing New Regulated Drains; Hearing on Petition; Consideration of Remonstrances and Objections

36-9-27-61. Establishing New Regulated Drains; Referral of Final Report to County Surveyor; County Surveyor's Duties

36-9-27-62. Establishing New Regulated Drains; Preparation of Schedule of Assessments; Determination of Damages

36-9-27-63. Establishing New Regulated Drains; Notice and Hearing on Surveyor's Report and Schedules of Assessments and Damages

36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards

36-9-27-65. Establishing New Regulated Drains; Written Objections to Surveyor's Report and Schedules; Findings and Final Order by Board

36-9-27-66. Construction of Connecting Drain Through Lands Owned by Others; Procedure

36-9-27-67. Urban Drains; Designation

36-9-27-68. Urban Drains; Duties of County Surveyor

36-9-27-69. Urban Drains; Preparation of Schedule of Assessments and Determination of Damages; Notice and Hearing

36-9-27-69.5. Drainage Plans and Specifications

36-9-27-70. Drains Within 300 Feet of Levees; Approval of Plans by Department of Natural Resources

36-9-27-71. Drains Crossing Public Highways and Railroad Rights-of-Way

36-9-27-72. Private Crossings, Control Dams, or Other Permanent Structures; Removal, Replacement, and Maintenance

36-9-27-73. General Drain Improvement Fund; Establishment; Composition; Appropriations; Disposition of Surplus Money

36-9-27-74. Certain Counties; Tax Levy; Appropriations

36-9-27-75. Acceptance of Grants or Gifts

36-9-27-76. Cooperation With State or Federal Agencies

36-9-27-77. Contracts; Restrictions

36-9-27-78. Contracts; Bidding; Required Provisions; Surety Bonds

36-9-27-79. Repealed

36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure

36-9-27-80. Subcontracts

36-9-27-80.5. Construction Contract Changes in Specification; Change Orders

36-9-27-81. Partial or Progress Payments to Contractors

36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor

36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims

36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited

36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds

36-9-27-86. Collection of Assessments; Public Entities Not Exempt From Assessments; County Treasurer Notice to State

36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill

36-9-27-88. Assessments; Due Date; Installment Payments

36-9-27-89. Ditch Assessment Liens; Attachment; Termination

36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations

36-9-27-91. Assessments; Deficiencies Resulting From Increases in Damages or Decreases in Assessments

36-9-27-92. Transfers of Property; Requests for Reassessment; Notice and Hearing; Findings and Final Order

36-9-27-93. Periodic Maintenance Assessments; Property Transfers; Reassessments; Procedure

36-9-27-94. Bonds; Authorization; Procedure; Terms

36-9-27-94.1. Repealed

36-9-27-95. Fees for the Sale of Bonds

36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies

36-9-27-97. Bond Redemption Fund; Establishment; Composition

36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan

36-9-27-98. Payment of Assessments by Municipality or County

36-9-27-99. Cumulative Drainage Fund; Establishment

36-9-27-100. Cumulative Drainage Fund; Tax Levy

36-9-27-101. Repealed

36-9-27-102. Name of Fund

36-9-27-103. Construction, Reconstruction, or Maintenance Projects for Regulated Drains; Hearings Required

36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials

36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers

36-9-27-106. Judicial Review; Petition

36-9-27-107. Judicial Review; Procedure

36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board

36-9-27-109. Judicial Review; Evidence; Filing Requirements

36-9-27-110. Notice and Service; Requirements

36-9-27-111. Time for Filing Documents; Extensions

36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered

36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned

36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities