§ 36-9-27-71 — Drains crossing public highways and railroad rights-of-way

(a) When, in the construction or
reconstruction of a regulated drain, the county surveyor determines that
the proposed drain will cross a public highway or the right-of-way of
a railroad company at a point where:
(1) there is no crossing; or
(2) the crossing will not adequately handle or will be endangered
by the flow of water from the drain when completed;
the county surveyor shall include in the plans the grade and cross
section requirements for a new crossing, or the requirements for
altering, enlarging, repairing, or replacing the crossing. The surveyor
shall mail a copy of the requirements addressed to the owner of the
highway or right-of-way.
(b) When requested by the owner of the highway or right-of-way,
the county surveyor shall meet with the owner at a time and place to be
fixed by the surveyor. The surveyor shall hear objections to the
requirements, and may then change the requirements as justice may
require.
(c) When the board finds that in the construction, reconstruction, or
maintenance of a regulated drain it is necessary to:
(1) alter, enlarge, repair, or replace a crossing; or
(2) construct a new crossing where none existed before;
the cost of the work on the crossing shall be paid by the owner of the
public highway. This cost may not be considered by the county
surveyor or by the board in determining the cost of the work on the
drain or in assessing benefits and damages. However, if it is necessary
for the owner of a public highway to construct a new crossing because
of a cut-off for the purpose of shortening or straightening a regulated
drain, the owner of the public highway shall pay one-half (1/2) of the
cost of the new crossing, and the remainder shall be included in the
cost of the work on the drain.
(d) A railroad company with a right-of-way that is:
(1) crossed by the construction of a regulated drain; or
(2) affected by the altering or enlarging of a crossing;
shall pay one-half (1/2) of the cost of the work on the crossing and the
remainder shall be included in the cost of the work on the drain.
(e) If the county surveyor is registered under IC 25-31, the county
surveyor must review and approve or disapprove the plans and
hydraulic data for an existing crossing that is to be altered, enlarged,
repaired, or replaced, or the construction of a new crossing for a public
highway or the right-of-way of a railroad company. The county
surveyor shall disapprove the plans and hydraulic data if they do not
show that the structure will meet hydraulic requirements that will
permit the drain to function properly.
(f) If the county surveyor is registered under IC 25-21.5, the county
surveyor must review and approve or disapprove the plans and
hydraulic data for an existing crossing that is to be altered, enlarged,
repaired, or replaced or the construction of a new crossing for a public
highway or the right-of-way of a railroad company. The county
surveyor shall disapprove the plans and hydraulic data if they do not
show that the structure will meet hydraulic requirements that will
permit the drain to function properly.
(g) Approval of the plans and hydraulic data by a person who is
registered under IC 25-21.5 or IC 25-31 is required before the work can
take place. However, if the county surveyor is not registered under IC 25-21.5 or IC 25-31, a registered person who is selected under section
30 of this chapter shall:
(1) review and approve or disapprove the plans and specifications
described in this subsection;
(2) inform the county surveyor in writing of the approval or
disapproval; and
(3) submit all plans, specifications, and hydraulic data along with
the approval or disapproval.
[Pre-Local Government Recodification Citation:
19-4-6-5.]
As added by Acts 1981, P.L.309, SEC.101. Amended by
P.L.206-1984, SEC.5; P.L.76-1989, SEC.7; P.L.154-1993, SEC.7;
P.L.2-1997, SEC.86; P.L.2-1998, SEC.89; P.L.241-1999, SEC.5;
P.L.276-2001, SEC.15.