Bill Text: IN HB1201 | 2010 | Regular Session | Introduced
Bill Title: Drainage. [Track Bill]
Status: 2010-01-07 - First reading: referred to Committee on Natural Resources [HB1201 Detail]
Download: Indiana-2010-HB1201-Introduced.html
Citations Affected: IC 36-9.
Synopsis: Drainage. Provides that, regarding removal of obstructions
and right of entry, the county drainage board and the county surveyor
have the same authority with respect to artificial watercourses as with
respect to drains and natural watercourses. Provides that a county's
policy for the management of storm water runoff from developed real
property must designate the county surveyor's office as the office to
which storm water issues are initially directed.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Natural Resources.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) periodically or continuously contains moving water, or forms a connecting link between two (2) bodies of water; and
(2) has a defined bed and banks that serve to confine the water.
[EFFECTIVE JULY 1, 2010]: Sec. 0.7. As used in this chapter,
"conveyance" refers to a structural method for transferring storm
water between at least two (2) points. The term includes piping,
ditches, swales, curbs, gutters, catch basins, channels, storm drains,
roadways, and any other method.
(1) Conduits and appurtenant features.
(2) Canals.
(3) Channels.
(4) Ditches.
(5) Storage facilities.
(6) Swales.
(7) Streams.
(8) Culverts.
(9) Pumping stations.
(1) that:
(A) is at least seasonally wet;
(B) is usually heavily vegetated; and
(C) is normally without flowing water;
(2) that conducts storm water into primary drainage channels; and
(3) that may provide groundwater recharge.
(1) a person who owns a tract of land seeks the removal of an obstruction from a drain, artificial watercourse, or natural surface watercourse located outside the person's tract in order to
promote better drainage of the person's tract; and
(2) the owner of the land on which the obstruction is located,
upon request, does not remove the obstruction;
the person seeking the removal of the obstruction may file a petition
under this chapter asking the drainage board in the county in which the
obstruction is located to remove, or authorize or order the removal of,
the obstruction under this chapter.
(1) a drain;
(2) an artificial watercourse; or
the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.
(b) If the county surveyor, upon investigation, finds an existing obstruction in a drain, artificial watercourse, or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.
(c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:
(1) set a date for a hearing on the petition; and
(2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.
(d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.
(e) Notice of a hearing must be mailed to each respondent with return receipt requested.
(1) the obstruction of a drain, artificial watercourse, or
(2) the removal of the obstruction will:
(A) promote better drainage of the petitioner's land; and
(B) not cause unreasonable damage to the land of the respondents;
the drainage board shall find for the petitioner.
(b) If, after a hearing held under this chapter, the drainage board is unable to make the findings described in subsection (a), the drainage board shall deny the petition.
(1) for the petitioner under section 14(a) of this chapter; and
(2) under section 15 of this chapter that the obstruction of the drain, artificial watercourse, or natural surface watercourse was created intentionally by at least one (1) of the respondents;
the drainage board shall enter an order directing the respondents to remove the obstruction at their own expense, or directing the county surveyor to remove the obstruction at the expense of the respondents.
(b) A respondent against whom an order is entered under subsection (a) is subject to an action under section 22 of this chapter if the respondent fails to pay the amount for which the respondent is responsible under the order.
(1) finds for the petitioner under section 14(a) of this chapter; and
(2) does not find under section 15 of this chapter that the obstruction of the drain, artificial watercourse, or
the drainage board shall enter an order under section 18 or 19 of this chapter concerning the removal of the obstruction.
(1) a petition filed under this chapter concerns a drain or artificial watercourse; and
(2) the drainage board:
(A) finds for the petitioner under section 14(a) of this chapter; but
(B) does not find under section 15 of this chapter that the obstruction of the drain or artificial watercourse was created intentionally by any of the respondents;
the drainage board shall enter an order under subsection (b).
(b) Upon a determination made under subsection (a), the drainage board shall enter an order:
(1) authorizing the petitioner to remove the obstruction;
(2) authorizing the respondents to remove the obstruction;
(3) directing the county surveyor to remove the obstruction; or
(4) directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.
(c) If an order is issued under subsection (b), the costs of removing the obstruction must be borne by the owners of all the tracts of land that are benefited by the drain or artificial watercourse. The order of the board must do the following:
(1) Identify all tracts of land that are benefited by the drain or artificial watercourse.
(2) Identify the owners of the tracts of land referred to in subdivision (1):
(A) who are known to the drainage board; or
(B) whose identity can be determined through the records of the county auditor.
(3) Apportion the costs of removing the obstruction among the tracts of land that are benefited by the drain or artificial watercourse, assigning to each tract a certain percentage of the total costs.
(4) Order the owners of each tract of land referred to in subdivision (1) to pay an amount equal to the product of the total costs of removing the obstruction multiplied by the percentage assigned to the tract under subdivision (3).
(d) The percentage of the total costs assigned to a tract under subsection (c)(3) must correspond to the ratio of the total length of the drain or artificial watercourse to the length of the particular segment of the drain or artificial watercourse that benefits the tract.
(1) a county surveyor;
(2) a member of a drainage board; or
(3) an authorized representative of a county surveyor or drainage board;
has a right of entry over and upon a tract of land containing a drain, artificial watercourse, or natural surface watercourse that is the subject of a petition filed under this chapter.
(b) The right of entry granted by this section is limited to the land
lying within seventy-five (75) feet of the drain, artificial watercourse,
or natural surface watercourse. The seventy-five (75) feet must be
measured at right angles to:
(1) the center line of any tiled drain; and
(2) the top edge of each bank of an open drain; and
(3) the edge of any artificial or natural surface watercourse;
as determined by the county surveyor.
(c) A person exercising a right of entry under this section shall, to
the extent possible, use due care to avoid damage to:
(1) crops, fences, buildings, and other structures located outside
the right-of-way; and
(2) crops and approved structures located inside the right-of-way.
(d) Before exercising a right of entry under this section, an
individual must give oral or written notice of the entry on the land to
the property owner of record. The notice must state the purpose for the
entry.
(e) A right of entry under this section is not criminal trespass under
IC 35-43-2-2, and an individual exercising a right of entry under this
section may not be arrested or prosecuted for criminal trespass under
IC 35-43-2-2.
(b) If the unit establishing a policy under this chapter is a county, the policy must designate the county surveyor as the office to which all issues involving stormwater are initially directed.
