§ 36-9-27-17 — Private and mutual drains; connection with regulated drains; procedure

(a) Whenever:
(1) an owner wants to construct or extend a private or mutual
drain, and outlet that drain into a regulated drain that is subject to
this chapter; and
(2) the construction or extension will not go through land owned
by other persons;
the owner shall file with the county surveyor having jurisdiction of the
regulated drain for permission to connect the owner's drain with the
regulated drain.
(b) The owner shall file with the owner's request the plans and
specifications of the private or mutual drain that will be constructed or
extended. However, if the private or mutual drain will have a tiled
outlet of twelve (12) inches or less, and the owner alleges this in the
owner's request, no specifications need be filed.
(c) If the county surveyor determines that the regulated drain is
adequate to handle the additional flow of water, if any, that would
result from the connection, and that no harmful pollution is likely to
result from the connection, the county surveyor shall grant the request.
(d) If the county surveyor determines that the regulated drain is not
adequate to handle the additional flow of water resulting from the
connection without being reconstructed, the county surveyor shall deny
the request, and the request may not be granted until the regulated
drain is reconstructed under sections 49 through 52 of this chapter.
[Pre-Local Government Recodification Citation:
19-4-6-8.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.127-2017, SEC.330.