§ 36-9-27-70 — Drains within 300 feet of levees; approval of plans by department of natural resources

(a) This section applies whenever the plans
and specifications for the construction or reconstruction of any
regulated drain disclose that the center line of the drain at any point
will come within three hundred (300) feet of any levee that is subject
to or was constructed under any statute.
(b) The county surveyor in charge of the work on the drain shall
mail the plans and specifications for the drain by certified mail with
return receipt requested to the Indiana department of natural resources.
The department shall approve or disapprove the plans and
specifications within forty-five (45) days after receiving them. If the
department fails to act within the time limit, the plans and
specifications are considered approved. If the department disapproves
the plans and specifications, it shall issue an order stating the reasons
for the disapproval, shall recommend specific changes in the plans and
specifications that would make them acceptable to the department, and
shall serve a copy of the order on the surveyor.
(c) Work on the drain may not be commenced until the plans and
specifications have been approved by the department, or until the board
is satisfied that the county surveyor has changed the plans and
specifications to conform with the department's recommendations.
[Pre-Local Government Recodification Citation:
19-4-6-4.]
As added by Acts 1981, P.L.309, SEC.101.