Indiana § 36-9-28.7-9 Investigation fee; assessment of nuisance; investigation report;
limitations

Indiana Statutes

§ 36-9-28.7-9 — Investigation fee; assessment of nuisance; investigation report; limitations

Indiana § 36-9-28.7-9

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 28.7Storm Water Nuisances

This text of Indiana § 36-9-28.7-9 (Investigation fee; assessment of nuisance; investigation report; limitations) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-28.7-9 (2026).

Text

(a)An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, conducting the investigation, and completing the assessment under this section.

(b)A unit of government shall investigate and make a visual assessment limited to the following:

(1)Determine whether the storm water nuisance exists.

(2)Assess whether the removal of the storm water nuisance will:

(A)remove the negative effect of the storm water nuisance from the land of a person making the request; and

(B)cause unreasonable damage to the land on which the storm water nuisance is located.

(3)Make any other observations t

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(a) An ordinance may be adopted to allow for
the payment of a fee to the unit of government as a condition of filing
a request under this chapter. The fee may not be an amount greater than
is reasonably necessary to defray the expenses incurred in processing
the request, conducting the investigation, and completing the
assessment under this section.
(b) A unit of government shall investigate and make a visual
assessment limited to the following:
(1) Determine whether the storm water nuisance exists.
(2) Assess whether the removal of the storm water nuisance will:
(A) remove the negative effect of the storm water nuisance
from the land of a person making the request; and
(B) cause unreasonable damage to the land on which the storm
water nuisance is located.
(3) Make any other observations that may be useful in solving an
alleged storm water nuisance problem.
(c) A unit of government, upon making the assessment under
subsection (b), shall provide the following to a person that filed the
request under section 8 of this chapter:
(1) An oral or written report that may include:
(A) a general description of the investigation and its findings;
(B) whether the storm water nuisance exists;
(C) the need for the removal of the storm water nuisance;
(D) whether the removal of the storm water nuisance will:
(i) remove the negative effect of the storm water nuisance
from the land of a person that filed the request under section
8 of this chapter; and
(ii) cause unreasonable damage to the land on which the
storm water nuisance is located; and
(E) any other considerations that may be useful in solving the
storm water nuisance.
(2) Information concerning alternative dispute resolution options.
(d) A unit of government is not required to use funds to meet the
requirements under this chapter.
(e) Except under subpoena, a unit of government may not be
compelled to testify in a legal proceeding related to its functions under
this chapter.
(f) For purposes of this chapter, the unit of government has a right
of entry as provided by IC 36-9-27.4-25.
(g) An artificial conveyance or runoff that was constructed and that
operates in compliance with a permit issued by a political subdivision
is not subject to this chapter.