§ 36-9-27-53.5 — Review of proposed reconstruction or maintenance project; potential onsite field review

Indiana § 36-9-27-53.5

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

Text

5. (a) A county surveyor or board planning
to perform a project for the reconstruction or maintenance of a
regulated drain under this chapter that:
(1) is subject to regulation under:
(A) IC 14-26-5; or
(B) IC 14-28-1; or
(2) requires an individual permit under Section 404 of the federal
Clean Water Act (33 U.S.C. 1344);
shall request a review of the project through a written notification to
the division of water of the department of natural resources (referred
to as "the division" in this section). The notification may include a
request to schedule an onsite field review of the project.
(b) If an onsite field review is requested, not more than fourteen
(14) days after it receives the request under subsection (a), the division
shall contact the county surveyor or the designee of the county surveyor
and the department of environmental management to establish a date,
time, and location for the onsite field review.
(c) If an onsite field review is scheduled, it shall be conducted by a
team consisting of:
(1) one (1) or more representatives of the county;
(2) one (1) or more representatives of the department of natural
resources, including an engineer from the division of water;
(3) one (1) or more representatives of the department of
environmental management; and
(4) if applicable, representatives of the local soil and water
conservation district.
(d) Not more than thirty (30) calendar days after the completion of
a review under this section, the division shall provide the county
surveyor with a written summary of the review. The summary must
contain the following:
(1) A narrative and map defining the project location.
(2) A description of the proposed work.
(3) A list of conditions that:
(A) the department of natural resources would place on a permit
to mitigate any unreasonable or detrimental effects that may
occur as a result of the proposed work;
(B) the department of environmental management would place
on a certification to comply with Section 401 of the federal
Clean Water Act (33 U.S.C. 1341), if it is possible to ensure
compliance with Section 401 by placing conditions on the
certification; or
(C) both departments referred to in this subdivision would place
on a permit or certification.
(e) The department of natural resources may not require or
recommend the following as conditions for a permit for a project for
the reconstruction or maintenance of a regulated drain:
(1) Deed restrictions in connection with the proposed work.
(2) Conservation easements in connection with the proposed
work.
(3) Tree planting or tree retention within the easement of the
regulated drain, if:
(A) the project involves construction on only one (1) side of the
drain;
(B) vegetation on the opposite overbank will not be disturbed;
and
(C) the board agrees to establish a suitably sized vegetated filter
strip consisting of grasses and legumes along the side of the
drain on which the construction will occur.
(f) For the purposes of subsection (e)(3), a project involves
construction on only one (1) side of a regulated drain if the work is
limited to the entire area:
(1) below the top of the banks; and
(2) within the drainage easement on one (1) side;
of the stream or open drain.
(g) A county surveyor or board that is aggrieved by the permit
conditions disclosed under subsection (d)(3) has the right to enter into
further negotiations with the department of natural resources and the
department of environmental management in order to obtain a mutually
agreeable set of permit conditions.
(h) If the permit conditions disclosed under subsection (d)(3)
concerning a project for the reconstruction or maintenance of a
regulated drain are acceptable to the county surveyor and board, the
conditions:
(1) are binding upon the department of natural resources; and
(2) may not be changed by the department of natural resources.
However, subdivisions (1) and (2) cease to apply to the permit
conditions disclosed under subsection (d)(3) concerning a project if an
application for a permit for the project is not submitted within two (2)
years after the review.

Legislative History

As added by P.L.180-1995, SEC.7. Amended by P.L.2-1996, SEC.295; P.L.6-2014, SEC.4.