Bill Text: IN HB1169 | 2013 | Regular Session | Introduced
Bill Title: Drainage issues.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 145 [HB1169 Detail]
Download: Indiana-2013-HB1169-Introduced.html
Citations Affected: IC 36-9-27-33.
Synopsis: Drainage issues. Provides that the drainage board of a
county, upon the recommendation of the county surveyor, may reduce
any tiled drain, including a tiled urban drain, to less than 15 feet from
the center line as measured at right angles but not less than seven feet
from each side of the center line or less than the recommendation made
by the county surveyor.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
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(1) the center line of any tiled drain; and
(2) the top edge of each bank of an open drain;
as determined by the surveyor.
(b) Spoil bank spreading resulting from the construction, reconstruction, or maintenance of an open drain may extend beyond the seventy-five (75) foot right-of-way if:
(1) the county surveyor finds that the extension is necessary; and
(2) the extension has been provided for in the engineer's report on the construction, reconstruction, or maintenance.
(c) All persons exercising the right given by this section shall, to the extent possible, use due care to avoid damage to crops, fences,
buildings, and other structures outside of the right-of-way, and to crops
and approved structures inside the right-of-way. The county surveyor
shall give oral or written notice of the entry on the land to the property
owner of record, and in the case of a municipality, to the executive of
that municipality. The notice must state the purpose for the entry.
(d) The owners of land over which the right-of-way runs may use
the land in any manner consistent with this chapter and the proper
operation of the drain. Permanent structures may not be placed on any
right-of-way without the written consent of the board. Temporary
structures may be placed upon or over the right-of-way without the
written consent of the board, but shall be removed immediately by the
owner when so ordered by the board or by the county surveyor. Crops
grown on a right-of-way are at the risk of the owner, and, if necessary
in the reconstruction or maintenance of the drain, may be damaged
without liability on the part of the surveyor, the board, or their
representatives. Trees, shrubs, and woody vegetation may not be
planted in the right-of-way without the written consent of the board,
and trees and shrubs may be removed by the surveyor if necessary to
the proper operation or maintenance of the drain.
(e) This subsection applies to new regulated drains established after
September 1, 1984, and to urban drains. Except as provided in
subsection (f), the board may reduce the seventy-five (75) foot
requirement of subsections (a) and (b) to any distance of not less than:
(1) twenty-five (25) feet from the top of each bank of an open
ditch; and
(2) fifteen (15) feet from the center line of any tiled drain;
as measured at right angles.
(f) This subsection applies only to a platted subdivision. Upon
the recommendation of the county surveyor, the board may further
reduce the allowance under subsection (e)(2) for any tiled drain,
including a tiled urban drain. The board may not make a reduction
that results in an allowance that is:
(1) less than seven (7) feet from each side of the center line as
measured at right angles; or
(2) less than the recommendation made by the county
surveyor.
(f)
