Indiana Code
Chapter 27. Drainage Law
36-9-27-22. Construction, Reconstruction, or Maintenance of Municipal Drains Flowing Into Regulated Drains; Procedure

Sec. 22. (a) A municipality acting under a statute other than this chapter may not construct, reconstruct, or maintain a drain that:
(1) is located partly or wholly within the corporate boundaries of the municipality; and
(2) will flow directly or indirectly into a regulated drain that is subject to this chapter;
without the written approval of the board.
(b) The municipality shall file with the board a written request for consent to use the regulated drain as an outlet, subject to this chapter. The request must be accompanied by:
(1) the plans and specifications for the proposed construction, and reconstruction, or maintenance; and
(2) an estimate by the municipal civil engineer, or another qualified person, of the amount of water that will be discharged into the regulated drain as a result of the proposed construction, reconstruction, or maintenance.
(c) The board shall refer the request for consent to the county surveyor, who shall determine whether the regulated drain is adequate to handle the additional flow of water, if any, that would result from the construction, reconstruction, or maintenance proposed by the municipality. If the surveyor finds that the regulated drain is adequate to handle the additional flow of water, the surveyor shall make a written report of that fact to the board, which shall issue its order consenting to the construction, reconstruction, or maintenance by the municipality. If the surveyor finds that the regulated drain is not adequate, the surveyor shall:
(1) prepare a preliminary plan for the reconstruction of the regulated drain so that it will be adequate to handle the additional flow of water;
(2) estimate the total cost of the reconstruction;
(3) file the plan and estimate with the board; and
(4) serve a copy of the plan and estimate on the municipality.
(d) If the municipality binds itself by resolution to pay the cost of the reconstruction of the regulated drain, the county surveyor shall prepare final plans and specifications for the work, reestimate the cost of the work except for damages to affected land, and file the plans and estimate with the board. The board shall determine the amount of damages sustained by any owner as a result of the reconstruction of the regulated drain and shall serve upon each owner a notice:
(1) describing the owner's lands;
(2) stating the amount of each owner's damages;
(3) explaining the injury upon which the determination was based; and
(4) stating the date, time, and place of a hearing by the board on objections to the amount of damages.
The notice shall be served and the hearing held in accordance with sections 49 through 52 of this chapter.
(e) The board shall add the damages to affected land to the county surveyor's reestimation of the costs of the reconstruction and shall certify that amount to the municipality. When the municipality pays the amount certified by the board into the office of the county treasurer for the use of the board in the reconstruction of the regulated drain, the board shall issue an order consenting to the use of the regulated drain by the municipality and shall proceed with the reconstruction of the regulated drain in accordance with the plans and specifications of the surveyor.
(f) After the contracts for the reconstruction are let in accordance with sections 77 through 79.1 of this chapter, the board shall compute the actual cost of the reconstruction. If the actual cost is less than the estimated cost, the excess shall be returned to the municipality on certification by the board to the county auditor of the amount to be returned. If the actual cost of the reconstruction is more than the estimated cost, the board shall certify that fact to the municipality, which shall immediately pay the difference into the office of the country treasurer.
(g) When the board consents to a request made by a municipality under subsection (b), the board shall fix the annual assessment against the municipality for the periodic maintenance of the regulated drain in accordance with sections 38 through 43 of this chapter.
(h) This section does not prohibit a municipality from petitioning the board for the construction of a new regulated drain under sections 54 through 65 of this chapter.
[Pre-Local Government Recodification Citation: 19-4-5-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.42-2011, SEC.86.

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