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, under, or through a location used for the passage of people, livestock, or vehicles.
"Dam" means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet.
"Maintenance" means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section.
"Mutual drain" means a drain that:
(1) is located on two (2) or more tracts of land that are under different ownership;
(2) was established by the mutual consent of all the owners; and
(3) was not established under or made subject to any drainage statute.
"Open drain" means a natural or artificial open channel that:
(1) carries surplus water; and
(2) was established under or made subject to any drainage statute.
"Owner" refers to the owner of any interest in land.
"Private drain" means a drain that:
(1) is located on land owned by one (1) person or by two (2) or more persons jointly; and
(2) was not established under or made subject to any drainage statute.
"Reconstruction" means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain.
"Regulated drain" means an open drain, a tiled drain, or a combination of the two.
"Rural drain" means a regulated drain that provides adequate drainage or impounds water for rural land.
"Rural land" means affected land that:
(1) will not appreciably benefit from more drainage than is necessary to expediently remove water after frequent or periodic flooding; and
(2) is generally used for crop production, pasture, forest, or similar purposes.
"Small lake" means a lake, pond, or similar body of water that:
(1) covers less than twenty (20) acres;
(2) is surrounded by two (2) or more tracts of affected land that are under different ownership or a tract of land that is owned by a not-for-profit corporation having more than one (1) member;
(3) is not constructed, reconstructed, or maintained under this chapter as part of an open drain;
(4) is not a private crossing, control dam, or other permanent structure referred to under section 72 of this chapter;
(5) is not owned by a state or any of its political subdivisions; and
(6) is not designed and constructed primarily for reduction or control of pollutants or cooling before discharge of a liquid.
"Tiled drain" means a tiled channel that:
(1) carries surplus water; and
(2) was established under or made subject to any drainage statute.
"Urban land" means affected land that:
(1) will appreciably benefit from drainage that will provide the maximum practicable protection against flooding or the impounding of water in a small lake; and
(2) is used or will in the reasonably foreseeable future be used generally for commercial, industrial, large estate, higher density residential, or similar purposes.
"Watershed" means an area of land from which all runoff water drains to a given point or that is affected by a small lake.
[Pre-Local Government Recodification Citation: 19-4-1-2 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.2; P.L.205-1984, SEC.1.
Structure Indiana Code
Article 9. Transportation and Public Works
36-9-27-1. Application of Chapter
36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State
36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation
36-9-27-7. Officers; Meetings; Quorum; Approval of Actions
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
36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner
36-9-27-20.6. Right of Entry and Right-of-Way Powers
36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction
36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter
36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; 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
36-9-27-37. 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
36-9-27-41. 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
36-9-27-49. 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
36-9-27-52.5. Authorization for Reconstruction of Regulated Drain
36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure
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
36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition
36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition
36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards
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
36-9-27-69.5. 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
36-9-27-74. 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
36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure
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
36-9-27-87. 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
36-9-27-93. Periodic Maintenance Assessments; Property Transfers; Reassessments; Procedure
36-9-27-94. Bonds; Authorization; Procedure; Terms
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
36-9-27-104. 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