Indiana Code
Chapter 27. Drainage Law
36-9-27-20.5. Drain Maintenance Fund; Transfer of Jurisdiction Over Drain to Municipality or Sanitary District

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 district under section 20 of this chapter.
(b) Except as provided in subsections (c) and (d), on or after the date the board transfers jurisdiction over a drain to the municipality or sanitary district, the county treasurer shall transfer the following to the municipal or sanitary district drain maintenance fund established under this section:
(1) The balance of the maintenance fund established under section 44 of this chapter.
(2) Except as provided in subsection (e), any assessments for periodic maintenance of the drain that:
(A) were imposed before the date on which the board transfers jurisdiction of the drain; and
(B) are collected after the date on which the board transfers jurisdiction of the drain.
(c) Except as provided in subsection (d), if the board transfers jurisdiction over part of a drain to a municipality or sanitary district, the county treasurer shall transfer under subsection (b):
(1) the part of the balance in the maintenance fund established under section 44 of this chapter that bears the same proportion to the balance in the fund that the length of the part of the drain transferred to the municipality or sanitary district bears to the total length of the drain; and
(2) except as provided in subsection (e), the proportion determined under subdivision (1) of any assessments for periodic maintenance of the drain that:
(A) were imposed before the date on which the board transfers jurisdiction of part of the drain; and
(B) are collected after the date on which the board transfers jurisdiction of part of the drain.
(d) The board and a municipality or sanitary district to which jurisdiction over part of a drain is transferred may agree in writing to an apportionment of the maintenance fund and outstanding assessments different from the apportionment under subsection (c) based on disproportionate maintenance requirements between the part of the drain transferred and the part remaining under the jurisdiction of the board. Subject to subsection (e), a county treasurer who receives a written agreement under this subsection shall transfer under subsection (b) the amounts specified in the agreement.
(e) If payment for maintenance work for a drain was made from the general drain improvement fund under section 45 of this chapter, the county treasurer shall transfer all or part of the assessment described in subsection (b)(2) to the general drain improvement fund to reimburse the fund for all or part of the cost of the maintenance work.
(f) The expenses of a municipal or sanitary district drain maintenance fund established by subsection (a) shall be paid from the fund. The municipality or sanitary district to which jurisdiction over a drain is transferred shall deposit money in the fund established for the drain under subsection (a) in accordance with IC 5-13-6. Any interest earned by the fund shall be credited to the fund. Any balance remaining in the fund at the end of a fiscal year shall be carried over in the fund for the following fiscal year.
(g) A municipal or sanitary district drain maintenance fund established under subsection (a) is subject to the use of the municipality or the sanitary district for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains for which the fund was established whenever the municipality or sanitary district finds that it is necessary. Except as provided in subsection (h), payment for all the maintenance work for a drain or combination of drains shall be made out of the municipal or sanitary district drain maintenance fund established for the drain or combination of drains under subsection (a).
(h) If the balance of a maintenance fund is not sufficient to pay for all of the maintenance work, the municipality or sanitary district shall pay for any deficiency from the funds used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund. A drain maintenance fund shall close upon payment of all money in the fund.
(i) If the amount of funds on deposit in a municipal or sanitary district drain maintenance fund is less than five hundred dollars ($500), the balance of the municipal or sanitary district drain maintenance fund may be transferred to the fund used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund, and the drain maintenance fund shall be closed.
As added by P.L.111-2003, SEC.1.

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