Indiana § 36-9-27-36 Long range plan for reconstruction, maintenance, and vacation of
drains; requests for advancement

Indiana Statutes

§ 36-9-27-36 — Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement

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

(a)When the classification of drains, or a partial classification of drains, has been adopted by the board, the county surveyor shall prepare a long-range plan for:

(1)the reconstruction of regulated drains classified as in need of reconstruction;

(2)the establishment of an annual maintenance assessment for regulated drains classified as in need of periodic maintenance; and

(3)the vacating of regulated drains classified as drains that should be vacated. The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.

(b)The long-range plan is subject to approval by the board, may be amended by the board at any t

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(a) When the classification of drains, or a
partial classification of drains, has been adopted by the board, the
county surveyor shall prepare a long-range plan for:
(1) the reconstruction of regulated drains classified as in need of
reconstruction;
(2) the establishment of an annual maintenance assessment for
regulated drains classified as in need of periodic maintenance;
and
(3) the vacating of regulated drains classified as drains that should
be vacated.
The plan must set forth the approximate date each drain will be
referred to the surveyor for report, taking into consideration the work
load of the surveyor and the estimation by the surveyor of the time it
will take to prepare each report.
(b) The long-range plan is subject to approval by the board, may be
amended by the board at any time, and shall be reconsidered and
brought up to date before June 1 of each year.
(c) The board shall refer each regulated drain to the county surveyor
for a report in accordance with the long-range plan. If no long-range
plan has been adopted by the board, and if the surveyor has classified
only part of the regulated drains, the board may refer the regulated
drains that have been classified to the surveyor for a report in the order
of priority set forth in the partial classification.
(d) Ten percent (10%) of the owners of land affected by a regulated
drain that has been classified as a drain that:
(1) is in need of reconstruction;
(2) is in need of periodic maintenance; or
(3) should be vacated;
may file with the board a written request that the board advance the
proposed date when the drain will be referred to the county surveyor
for report. Upon receipt of such a request, the board shall set the
request for hearing at its next regular meeting and shall promptly mail
notice of the time, date, and place of the hearing to the owners making
the request. At the meeting any affected owner or the surveyor may
present evidence for or against the request. After the hearing, the board
may advance the date the drain will be referred to the surveyor if it is
practicable to do so.
[Pre-Local Government Recodification Citation: 19-4-1-10
part.]
As added by Acts 1981, P.L.309, SEC.101.

Indiana § 36-9-27-36 (Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.