§ 36-9-27-22 — Construction, reconstruction, or maintenance of municipal drains flowing into regulated drains; procedure

Indiana § 36-9-27-22

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 27: Drainage Law

Text

(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.