Indiana Code
Article 9. Transportation and Public Works
Chapter 27. Drainage Law

36-9-27-1. Application of Chapter - Sec. 1. This chapter applies to all counties. However, sections...

36-9-27-2. Definitions - Sec. 2. As used in this chapter: "Affected land" means...

36-9-27-2.5. "Dam" Defined; Certain Sections Not Applicable; Designation as Regulated Drain; Jurisdiction - Sec. 2.5. (a) For the purposes of this chapter, a...

36-9-27-3. Authority to Exercise Rights and Powers of Political Subdivisions and State - Sec. 3. (a) The rights and powers of a political...

36-9-27-4. Establishment - Sec. 4. There is established in each county a drainage...

36-9-27-5. Composition - Sec. 5. (a) Except in a county having a consolidated...

36-9-27-6. Special Members; Appointment; Powers and Duties; Compensation - Sec. 6. (a) When the membership of the board is...

36-9-27-7. Officers; Meetings; Quorum; Approval of Actions - Sec. 7. (a) The board shall organize at a meeting...

36-9-27-8. Power to Sue - Sec. 8. The board may bring civil actions in its...

36-9-27-9. Employment of Attorney - Sec. 9. The board may employ and fix the compensation...

36-9-27-10. Compensation of Members and Employees - Sec. 10. (a) Each member of the board and each...

36-9-27-11. Payment of Expenses - Sec. 11. All expenses of the board shall be paid...

36-9-27-12. Conflicts of Interest - Sec. 12. (a) This section does not apply to a...

36-9-27-13. Certain Counties; County Drainage Advisory Committees Established; Powers and Duties - Sec. 13. (a) This section applies to a county having...

36-9-27-14. Proceedings Affecting More Than One County; Joint Boards - Sec. 14. (a) Whenever it appears to the county surveyor...

36-9-27-15. Jurisdiction Over Regulated Drains - Sec. 15. Each regulated drain in a county is under...

36-9-27-16. Private and Mutual Drains Exempt From Chapter - Sec. 16. (a) Private and mutual drains are not subject...

36-9-27-17. Private and Mutual Drains; Connection With Regulated Drains; Procedure - Sec. 17. (a) Whenever: (1) an owner wants to construct...

36-9-27-18. Private and Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by All Owners - Sec. 18. (a) Whenever all of the owners affected by...

36-9-27-19. Mutual Drains; Conversion to Regulated Drain; Procedure Upon Request by Single Owner - Sec. 19. (a) Any owner affected by a mutual drain...

36-9-27-20. Drains Located in Municipalities or Sanitary Districts; Relinquishment of Jurisdiction by Board - Sec. 20. A board may, by resolution, relinquish its jurisdiction...

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...

36-9-27-20.6. Right of Entry and Right-of-Way Powers - Sec. 20.6. If jurisdiction over a drain is transferred by...

36-9-27-21. Certain Municipal Drains Exempt From Chapter; Assessment of Lands Benefited by Regulated Drains - Sec. 21. (a) A drain that is located partly or...

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...

36-9-27-23. Requests to Connect Private Drains With Regulated Drains; Water Pollution Control; Procedure - Sec. 23. (a) Whenever: (1) a person wants to connect...

36-9-27-24. Drains Located in Conservancy Districts; Jurisdiction - Sec. 24. (a) A regulated drain that is located within...

36-9-27-25. Drains Included in Flood Control Projects; Exemption From Chapter - Sec. 25. Whenever a regulated drain that is subject to...

36-9-27-26. Drains Under Jurisdiction of Certain Drainage Maintenance and Repair Districts and Associations; Exemption From Chapter - Sec. 26. A drain that is under the jurisdiction of:...

36-9-27-26.5. Change of Drain and Drainage Maintenance Jurisdiction; Transfer of Funds and Administration - Sec. 26.5. (a) A county executive may change a regulated...

36-9-27-27. Dissolution of Certain Drainage Maintenance and Repair Districts; Procedure - Sec. 27. (a) A written statement alleging that a drainage...

36-9-27-28. Drains Maintained by Certain Associations; Assumption of Jurisdiction by Board; Procedure - Sec. 28. (a) A written statement alleging that an association...

36-9-27-29. County Surveyors; Powers and Duties - Sec. 29. The county surveyor is the technical authority on...

36-9-27-30. Qualified Deputies; Appointment; Duties; Compensation - Sec. 30. (a) Whenever the county surveyor is not registered...

36-9-27-31. Counties Without Elected Surveyors; Employment of Engineers or Surveyors by Board - Sec. 31. If for any reason there is no elected...

36-9-27-32. Contract Deputies; Appointment; Powers and Duties; Compensation - Sec. 32. (a) Whenever the board finds that it is...

36-9-27-33. Right of Entry Over Private Land; Extension of Spoil Banks Beyond Right-of-Way - Sec. 33. (a) The county surveyor, the board, or an...

36-9-27-34. Classification of Drains by County Surveyor - Sec. 34. (a) The county surveyor shall classify all regulated...

36-9-27-35. Submission of Classifications and Order of Work Priority of Drains to Board; Notice and Hearing on Classification and Reclassification Requests - Sec. 35. (a) The county surveyor shall submit to the...

36-9-27-36. Long Range Plan for Reconstruction, Maintenance, and Vacation of Drains; Requests for Advancement - Sec. 36. (a) When the classification of drains, or a...

36-9-27-37. Vacation of Drains; Procedure; Appeals - Sec. 37. (a) When instituting proceedings to vacate a regulated...

36-9-27-38. Periodic Maintenance of Drains; County Surveyor's Report - Sec. 38. When the board refers a regulated drain classified...

36-9-27-39. Periodic Maintenance of Drains; Schedule of Assessments - Sec. 39. When the board receives a maintenance report under...

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 - Sec. 40. (a) The board shall fix a date, time,...

36-9-27-41. Periodic Maintenance of Drains; Combination of Drains for Assessment Purposes; Procedure - Sec. 41. (a) If recommended by the county surveyor, the...

36-9-27-42. Increases and Decreases in Assessments for Periodic Maintenance of Drains; Procedure - Sec. 42. (a) The board may at any time increase...

36-9-27-43. Omission of Annual Assessment - Sec. 43. (a) If in any year a maintenance fund...

36-9-27-44. Establishment of Maintenance Funds for Drains - Sec. 44. (a) A maintenance fund is established for each...

36-9-27-45. Maintenance Funds for Drains; Use of Funds - Sec. 45. A maintenance fund established under section 44 of...

36-9-27-45.5. Excess Drainage Maintenance Fund Balance; Transfer of Funds - Sec. 45.5. (a) This section applies when a county surveyor...

36-9-27-46. Obstruction of Drains; Repair Procedure - Sec. 46. (a) When a regulated drain is obstructed or...

36-9-27-47. Persons Entering Land Under Contract, Easement, or Statute; Damage to Drains; Repair Procedure - Sec. 47. (a) Whenever any person: (1) goes upon any...

36-9-27-48. Construction or Reconstruction of Drains; Relocation of Public Utility Equipment; Procedure - Sec. 48. (a) Whenever, in the construction or reconstruction of...

36-9-27-49. Reconstruction of Drains; County Surveyor's Report - Sec. 49. (a) When the board refers a regulated drain...

36-9-27-50. Reconstruction of Drains; Preparation of Schedule of Assessments and Damages - Sec. 50. When the county surveyor files a reconstruction report,...

36-9-27-51. Reconstruction of Drains Necessitated by Changes in Land Use; Assessments - Sec. 51. Whenever it becomes necessary to reconstruct a regulated...

36-9-27-52. Reconstruction of Drains; Notice and Hearing on County Surveyor's Report and Schedules; Objections; Final Order - Sec. 52. (a) When the schedules of damages and assessments...

36-9-27-52.5. Authorization for Reconstruction of Regulated Drain - Sec. 52.5. (a) If: (1) a proposed project for the...

36-9-27-53. Reconstruction Proceedings; Combination of Drains; Procedure - Sec. 53. (a) Whenever: (1) the board has initiated, or...

36-9-27-53.5. Review of Proposed Reconstruction or Maintenance Project; Potential Onsite Field Review - Sec. 53.5. (a) A county surveyor or board planning to...

36-9-27-54. Establishing New Regulated Drains; Petitions - Sec. 54. (a) When one (1) or more persons want...

36-9-27-55. Establishing New Regulated Drains; Inspection and Preliminary Report by County Surveyor - Sec. 55. When the county surveyor has accepted a petition...

36-9-27-56. Establishing New Regulated Drains; Negative Findings by Surveyor; Procedure - Sec. 56. (a) If the county surveyor's report concerning any...

36-9-27-57. Establishing New Regulated Drains; Affirmative Findings by Surveyor; Additional Lands Affected; Procedure - Sec. 57. (a) If the county surveyor, in the county...

36-9-27-58. Establishing New Regulated Drains; Notice of Hearing on Petition - Sec. 58. (a) Within seven (7) days after the attorney...

36-9-27-59. Construction of Drains; Remonstrances and Objections to Petition - Sec. 59. (a) At least five (5) days before the...

36-9-27-60. Establishing New Regulated Drains; Hearing on Petition; Consideration of Remonstrances and Objections - Sec. 60. (a) At its hearing on a petition to...

36-9-27-61. Establishing New Regulated Drains; Referral of Final Report to County Surveyor; County Surveyor's Duties - Sec. 61. When the board refers a petition to the...

36-9-27-62. Establishing New Regulated Drains; Preparation of Schedule of Assessments; Determination of Damages - Sec. 62. (a) When the county surveyor has completed the...

36-9-27-63. Establishing New Regulated Drains; Notice and Hearing on Surveyor's Report and Schedules of Assessments and Damages - Sec. 63. (a) When the schedules of assessments and damages...

36-9-27-64. Construction of Drains Depriving Property Owners of Ingress and Egress; Damage Awards - Sec. 64. (a) Whenever: (1) a new open drain is...

36-9-27-65. Establishing New Regulated Drains; Written Objections to Surveyor's Report and Schedules; Findings and Final Order by Board - Sec. 65. (a) Not less than five (5) days before...

36-9-27-66. Construction of Connecting Drain Through Lands Owned by Others; Procedure - Sec. 66. (a) Whenever: (1) land has been assessed as...

36-9-27-67. Urban Drains; Designation - Sec. 67. (a) In the county surveyor's written report setting...

36-9-27-68. Urban Drains; Duties of County Surveyor - Sec. 68. The county surveyor shall perform the following duties...

36-9-27-69. Urban Drains; Preparation of Schedule of Assessments and Determination of Damages; Notice and Hearing - Sec. 69. (a) After the county surveyor has filed the...

36-9-27-69.5. Drainage Plans and Specifications - Sec. 69.5. (a) As used in this section, "development" does...

36-9-27-70. Drains Within 300 Feet of Levees; Approval of Plans by Department of Natural Resources - Sec. 70. (a) This section applies whenever the plans and...

36-9-27-71. Drains Crossing Public Highways and Railroad Rights-of-Way - Sec. 71. (a) When, in the construction or reconstruction of...

36-9-27-72. Private Crossings, Control Dams, or Other Permanent Structures; Removal, Replacement, and Maintenance - Sec. 72. (a) When, in the reconstruction or periodic maintenance...

36-9-27-73. General Drain Improvement Fund; Establishment; Composition; Appropriations; Disposition of Surplus Money - Sec. 73. (a) There is established in each county a...

36-9-27-74. Certain Counties; Tax Levy; Appropriations - Sec. 74. (a) This section applies to a county having...

36-9-27-75. Acceptance of Grants or Gifts - Sec. 75. The board may accept gifts or grants from...

36-9-27-76. Cooperation With State or Federal Agencies - Sec. 76. The board may cooperate in joint effort with...

36-9-27-77. Contracts; Restrictions - Sec. 77. (a) Whenever: (1) the board orders the construction...

36-9-27-78. Contracts; Bidding; Required Provisions; Surety Bonds - Sec. 78. (a) Whenever the board is ready to let...

36-9-27-79. Repealed - [Pre-Local Government Recodification Citation: 19-4-7-5 part.] As added by Acts...

36-9-27-79.1. Contracts Estimated to Be Not More Than $150,000; Procedure - Sec. 79.1. Notwithstanding sections 77 and 78 of this chapter,...

36-9-27-80. Subcontracts - Sec. 80. A person who enters into a contract with...

36-9-27-80.5. Construction Contract Changes in Specification; Change Orders - Sec. 80.5. (a) If a change in the original specifications...

36-9-27-81. Partial or Progress Payments to Contractors - Sec. 81. The county surveyor may, without first obtaining the...

36-9-27-82. Final Payment Upon Completion of Contract; Approval of Work by County Surveyor - Sec. 82. (a) Whenever a contract under this chapter calls...

36-9-27-83. Subcontractors, Laborers, or Other Persons; Claims - Sec. 83. (a) A subcontractor, laborer, or other person may...

36-9-27-84. Contracts; Apportionment of Costs to Lands Benefited - Sec. 84. (a) After letting a contract for the construction,...

36-9-27-85. Certification of Assessments to County Auditor; Disposition of Unexpended Funds - Sec. 85. (a) The board shall certify the list of...

36-9-27-86. Collection of Assessments; Public Entities Not Exempt From Assessments; County Treasurer Notice to State - Sec. 86. (a) Not later than thirty (30) days after...

36-9-27-87. Persons or Associations Owning Multiple Properties; Single Assessment Bill - Sec. 87. If one (1) person or association owns two...

36-9-27-88. Assessments; Due Date; Installment Payments - Sec. 88. All final assessments, other than annual assessments for...

36-9-27-89. Ditch Assessment Liens; Attachment; Termination - Sec. 89. (a) The lien of a ditch assessment attaches...

36-9-27-90. Delinquent Assessments on Lands Owned by Municipal Corporations - Sec. 90. When any ditch assessment against land owned by...

36-9-27-91. Assessments; Deficiencies Resulting From Increases in Damages or Decreases in Assessments - Sec. 91. (a) This section applies whenever: (1) a court...

36-9-27-92. Transfers of Property; Requests for Reassessment; Notice and Hearing; Findings and Final Order - Sec. 92. (a) Whenever the owner of a tract of...

36-9-27-93. Periodic Maintenance Assessments; Property Transfers; Reassessments; Procedure - Sec. 93. (a) Whenever: (1) the board adopts a schedule...

36-9-27-94. Bonds; Authorization; Procedure; Terms - Sec. 94. (a) Whenever the board determines by resolution spread...

36-9-27-94.1. Repealed - [Pre-Local Government Recodification Citation: 19-4-7-17 part.] As added by Acts...

36-9-27-95. Fees for the Sale of Bonds - Sec. 95. Neither a member of the board, the county...

36-9-27-96. Bonds; Limited Obligation; Collection of Delinquencies - Sec. 96. (a) Bonds issued to finance the construction or...

36-9-27-97. Bond Redemption Fund; Establishment; Composition - Sec. 97. (a) A bond redemption fund is established for...

36-9-27-97.5. Construction Loans; Terms; Deposit of Proceeds; Interest on Loan - Sec. 97.5. (a) Whenever the board determines by resolution spread...

36-9-27-98. Payment of Assessments by Municipality or County - Sec. 98. (a) Whenever a regulated drain is: (1) located...

36-9-27-99. Cumulative Drainage Fund; Establishment - Sec. 99. A municipal or county fiscal body may, by...

36-9-27-100. Cumulative Drainage Fund; Tax Levy - Sec. 100. To provide money for a cumulative drainage fund...

36-9-27-101. Repealed - [Pre-Local Government Recodification Citation: 19-4-10.1-4 part.] As added by Acts...

36-9-27-102. Name of Fund - Sec. 102. The taxes collected under section 100 of this...

36-9-27-103. Construction, Reconstruction, or Maintenance Projects for Regulated Drains; Hearings Required - Sec. 103. Notwithstanding any other provision of this chapter, after...

36-9-27-104. Interstate Drains; Authorization; Joint Meetings of State Officials - Sec. 104. (a) Whenever: (1) a petition to construct a...

36-9-27-105. Interstate Drains; Cooperation of Surveyors and Engineers - Sec. 105. (a) The county surveyor representing a board from...

36-9-27-106. Judicial Review; Petition - Sec. 106. (a) Any owner of land affected by a...

36-9-27-107. Judicial Review; Procedure - Sec. 107. (a) Whenever a petition for judicial review is...

36-9-27-108. Judicial Review; Stay of Proceedings Ordered by Board - Sec. 108. (a) Whenever: (1) a petition for judicial review...

36-9-27-109. Judicial Review; Evidence; Filing Requirements - Sec. 109. (a) All petitions, evidence, requests, and other documents...

36-9-27-110. Notice and Service; Requirements - Sec. 110. (a) Whenever this chapter provides for the mailing...

36-9-27-111. Time for Filing Documents; Extensions - Sec. 111. Whenever the last day for filing any document...

36-9-27-112. Determination of Benefits and Damages by Board; Factors Considered - Sec. 112. (a) In determining benefits to land under sections...

36-9-27-113. Investment of Funds; Consolidation; Credit of Interest Earned - Sec. 113. (a) For the purpose of investment, the county...

36-9-27-114. Drainage Board Fees in Certain Counties for Certain Storm Water Activities - Sec. 114. (a) This section applies to a county that:...

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Indiana Code Article 9. Transportation and Public Works Chapter 27. Drainage Law

Indiana Code
Article 9. Transportation and Public Works
Chapter 27. Drainage Law