§ 8-1-41-15 — Damage to drainage infrastructure; repair; installation of new infrastructure

This section applies with respect to a wind
power device that is constructed or installed in a unit after June 30,
2022. Except as otherwise allowed by IC 36-7-4-1109, all damages to
waterways, drainage ditches, field tiles, or other drainage related
infrastructure caused by the construction, installation, or maintenance
of a wind power device must be completely repaired by the project
owner or remedied with the installation of new drainage infrastructure
so as to not impede the natural flow of water. All repairs must be
completed within a reasonable period of time and:
(1) to the satisfaction of the unit; and
(2) as stated in an applicable lease or another agreement with the
landowner;
subject to applicable federal, state, and local drainage laws and
regulations.

Legislative History

As added by P.L.90-2022, SEC.1.