§ 36-9-27-69.5 — Drainage plans and specifications

Indiana § 36-9-27-69.5

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

Text

5. (a) As used in this section,
"development" does not include utility infrastructure owned,
controlled, installed, or constructed by a public or municipally owned
utility.
(b) Unless otherwise required by an ordinance of the county, a
person who lays out a:
(1) subdivision of lots or lands; or
(2) commercial, industrial, or other land development;
outside the corporate boundaries of any municipality must submit plans
and specifications for the drainage of the subdivision or other
development in accordance with this section. The county drainage
board must approve the drainage plan before the person may proceed
with the subdivision or other development.
(c) A drainage plan and specifications submitted under subsection
(b) to the county drainage board must comply with this chapter. Except
as provided in subsection (d), the plan must comply with the following
standards:
(1) The plan must maintain the amount of drainage through the
tract that existed when the tract was created. If any tiles are cut,
broken down, or rendered useless during the construction activity
on the tract, the landowner is responsible for the repair,
replacement, or relocation of the tile.
(2) The plan may not change the locations where surface water
enters the tract and exits the tract from the locations that existed
when the tract was created.
(3) Water that sheds off of a new structure, especially when the
new structure is elevated or near a property line, or both, must
exit the tract in the same location where it did when the tract was
created.
(d) The county drainage board may approve an alternate plan that
does not comply with the standard set forth in subsection (c)(2).

Legislative History

As added by P.L.97-2001, SEC.1. Amended by P.L.125-2011, SEC.2.