§ 36-9-27-67 — Urban drains; designation

(a) In the county surveyor's written report
setting forth the county surveyor's order of priority for regulated drains
under section 35 of this chapter, the county surveyor may designate any
drain that is classified as in need of reconstruction as an urban drain.
In adopting the classification and in making public the long-range plan,
the board shall consider each designation of an urban drain and shall
indicate the order of priority of action on urban drains.
(b) A drain shall be designated as an urban drain when:
(1) the drain will not, without construction or reconstruction,
provide proper drainage for urban land or will not properly
impound water in a small lake;
(2) it appears that after a practicable construction or
reconstruction proper drainage for urban land can be provided;
and
(3) either or both of the following factors is present:
(A) A reasonable part of the land within the watershed has been
or is being converted from rural land to urban land.
(B) It appears to the board that one (1) or more tracts within the
watershed is or will be changing from rural land to urban land,
and that change requires the drainage provided by an urban
drain.
(c) A petition for a new regulated drain under section 54 of this
chapter may state, or may be amended to state, that in the opinion of
the petitioners the new regulated drain should be designated as an
urban drain. The board shall consider that statement in referring the
petition to the county surveyor for a final report.
[Pre-Local Government Recodification Citation:
19-4-10-1.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.166-1983, SEC.7; P.L.127-2017, SEC.355.