Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 05/11/2008 10:41:33 PM EDT
IC 36-9-27
     Chapter 27. Drainage Law

IC 36-9-27-1
Application of chapter
     Sec. 1. This chapter applies to all counties. However, sections 6, 7, 9, 10, 30, 31, and 32 of this chapter do not apply to a county having a consolidated city.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-2
Definitions
     Sec. 2. As used in this chapter:
    "Affected land" means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain.
    "Board" refers to the drainage board of a county.
    "Crossing" means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles.
    "Dam" means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet.
    "Maintenance" means work on a drain as described in section 34(c) of this chapter for any of the purposes stated in that section.
    "Mutual drain" means a drain that:
        (1) is located on two (2) or more tracts of land that are under different ownership;
        (2) was established by the mutual consent of all the owners; and
        (3) was not established under or made subject to any drainage statute.
    "Open drain" means a natural or artificial open channel that:
        (1) carries surplus water; and
        (2) was established under or made subject to any drainage statute.
    "Owner" refers to the owner of any interest in land.
    "Private drain" means a drain that:
        (1) is located on land owned by one (1) person or by two (2) or more persons jointly; and
        (2) was not established under or made subject to any drainage statute.
    "Reconstruction" means work on a drain as described in section 34(b) of this chapter to correct any of the problems with the drain that are enumerated in that section up to and including the discharge portion of the drain.
    "Regulated drain" means an open drain, a tiled drain, or a combination of the two.
    "Rural drain" means a regulated drain that provides adequate drainage or impounds water for rural land.
    "Rural land" means affected land that:
        (1) will not appreciably benefit from more drainage than is necessary to expediently remove water after frequent or

periodic flooding; and
        (2) is generally used for crop production, pasture, forest, or similar purposes.
    "Small lake" means a lake, pond, or similar body of water that:
        (1) covers less than twenty (20) acres;
        (2) is surrounded by two (2) or more tracts of affected land that are under different ownership or a tract of land that is owned by a not-for-profit corporation having more than one (1) member;
        (3) is not constructed, reconstructed, or maintained under this chapter as part of an open drain;
        (4) is not a private crossing, control dam, or other permanent structure referred to under section 72 of this chapter;
        (5) is not owned by a state or any of its political subdivisions; and
        (6) is not designed and constructed primarily for reduction or control of pollutants or cooling before discharge of a liquid.
    "Tiled drain" means a tiled channel that:
        (1) carries surplus water; and
        (2) was established under or made subject to any drainage statute.
    "Urban land" means affected land that:
        (1) will appreciably benefit from drainage that will provide the maximum practicable protection against flooding or the impounding of water in a small lake; and
        (2) is used or will in the reasonably foreseeable future be used generally for commercial, industrial, large estate, higher density residential, or similar purposes.
    "Watershed" means an area of land from which all runoff water drains to a given point or that is affected by a small lake.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.2; P.L.205-1984, SEC.1.

IC 36-9-27-2.5
"Dam" defined; certain sections not applicable; designation as regulated drain; jurisdiction
     Sec. 2.5. (a) For the purposes of this chapter, a reference to "drain", "drainage", or "ditch" is deemed to include a "dam". However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.
    (b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.
    (c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.
As added by P.L.166-1983, SEC.3.

IC 36-9-27-3

Authority to exercise rights and powers of political subdivisions and state
     Sec. 3. (a) The rights and powers of a political subdivision under this chapter as an owner shall be exercised on behalf of the political subdivision by:
        (1) the works board, for a municipality;
        (2) the executive, for a county or a township; and
        (3) the fiscal body, for any other political subdivision.
    (b) The rights and powers of the state as an owner under this chapter shall be exercised on behalf of the state by the director of the department, office, or institution charged by law with the maintenance, supervision, or control of the affected land owned by the state.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-4
Establishment
     Sec. 4. There is established in each county a drainage board, which shall act in the name of "The __________ County Drainage Board" (designating the name of the county).
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-5
Composition
     Sec. 5. (a) Except in a county having a consolidated city, the drainage board consists of either:
        (1) the county executive; or
        (2) three (3) or five (5) persons, at least one (1) of whom must be a member of the executive, appointed by the executive;
at the option of the executive. Appointees under subdivision (2) must be resident freeholders of the county who are knowledgeable in drainage matters. Freeholders appointed to the board serve for terms of three (3) years, with their initial appointments made so as to provide for staggering of terms on an annual basis. In addition, the county surveyor serves on the board as an ex officio, nonvoting member.
    (b) In a county having a consolidated city, the board of public works of the consolidated city comprises the drainage board, subject to IC 36-3-4-23.
    (c) In a county having a consolidated city, the department of public works of the consolidated city has all the powers, duties, and responsibilities of the county surveyor under this chapter, subject to IC 36-3-4-23.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-6
Special members; appointment; powers and duties; compensation
     Sec. 6. (a) When the membership of the board is reduced to less than three (3) because of disqualifications, the board shall immediately certify that fact to the circuit court of the county. The

court shall then restore the membership of the board to three (3) by appointing the appropriate number of resident freeholders of the county to serve as special members for the particular drainage proceedings.
    (b) A special member of the board has the same duties and powers as a regular member of the board, and is entitled to a per diem, to be paid as an expense of the board, in an amount fixed by the county fiscal body for each day or major part of a day spent in actual attendance at any meeting of the board or in the performance of official business of the board.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.45-1990, SEC.9.

IC 36-9-27-7
Officers; meetings; quorum; approval of actions
     Sec. 7. (a) The board shall organize at a meeting each January, by electing one (1) of its members as chairman and one (1) of its members as vice chairman. At the same time, the board shall elect a secretary, who need not be a member of the board.
    (b) The county surveyor may not hold an office on the board.
    (c) The board shall fix the time and dates for regular meetings, which shall be held in the office of the county surveyor. However, if the surveyor's office is not adequate, the county executive shall provide an adequate meeting place.
    (d) Special meetings of the board may be called by the chairman, any two (2) members, or the county surveyor, by mailing a written notice setting forth the time, date, and place of the meeting to each member not less than five (5) days before the date of the meeting. A member may waive the mailing of notice of a special meeting by filing a written waiver with the secretary or by his presence at the meeting.
    (e) Meetings of the board may be adjourned from day to day or to a day certain without written notice being given.
    (f) All meetings of the board must be open to the public, and the minutes of the meetings are open to public inspection.
    (g) A majority of the voting members of the board constitutes a quorum, and the concurrence of a majority of the voting members present at a meeting is necessary to authorize any action under this chapter.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-8
Power to sue
     Sec. 8. The board may bring civil actions in its own name to enforce any of the provisions of this chapter.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-9
Employment of attorney
     Sec. 9. The board may employ and fix the compensation of an

attorney to represent and advise the board.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.137-1989, SEC.17.

IC 36-9-27-10
Compensation of members and employees
     Sec. 10. (a) Each member of the board and each person employed by the board under this chapter shall be paid at a rate equal to that provided by law for state employees for each mile necessarily traveled while performing the duties of his office.
    (b) The county fiscal body may provide the members of the county executive who serve as members of the board with per diem for their services as members of the board, in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.
    (c) Each appointed freeholder member serving on the board is entitled to a per diem in an amount fixed by the county fiscal body for each day or major part of a day devoted to the work of the board.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.45-1990, SEC.10.

IC 36-9-27-11
Payment of expenses
     Sec. 11. All expenses of the board shall be paid from money appropriated from the county general fund. Claims for expense reimbursements and per diem must be:
        (1) accompanied by an itemized written statement;
        (2) approved by a recorded motion of the board; and
        (3) allowed as provided by statute.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-12
Conflicts of interest
     Sec. 12. (a) This section does not apply to a joint board that includes three (3) or more counties in a drainage basin of more than one hundred thousand (100,000) acres.
    (b) Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has an interest in the proceedings because of his ownership of real property affected by the drain, that member shall immediately disqualify himself from serving on the board in those proceedings. However, the fact that county highways will be affected by any proceedings does not disqualify a regular member of the board.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.350-1985, SEC.1.

IC 36-9-27-13
Certain counties; county drainage advisory committees established; powers and duties

     Sec. 13. (a) This section applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (b) There is established a county drainage advisory committee. The executive of each township in the county shall appoint one (1) resident of his township to serve on the committee. Committee members serve for four (4) year terms. Members may not receive per diem or mileage for service on the committee.
    (c) The county drainage advisory committee shall advise and assist the board in the performance of its powers, duties, and functions. The board or the county legislative body may assign responsibilities to the committee concerning drainage. The committee may select one (1) of its members as chairman and may meet at his call or at the call of any three (3) of its members.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.12-1992, SEC.186.

IC 36-9-27-14
Proceedings affecting more than one county; joint boards
     Sec. 14. (a) Whenever it appears to the county surveyor that any proceedings instituted under this chapter may affect land in more than one (1) county, he shall immediately forward notification of that fact to the chairman of the board of each county in which the land is located, by certified mail with return receipt requested. The notice must state the number of counties involved and fix a date, hour, and place for a meeting of a joint board. The date for the meeting may not be less than twenty (20) nor more than thirty (30) days after the notice is mailed.
    (b) After the notice is given, all proceedings in the matter shall be heard and determined by a board appointed from the membership of the board of each county in which lands that may be affected are located, as follows:
        (1) If land in two (2) counties may be affected, the chairman of the board of each county shall appoint two (2) of the members of his board, other than the county surveyor, to serve on the joint board. In addition, a fifth member shall be appointed by the four (4) members of the joint board. The fifth member must reside in a county that is not affected by the drainage problem.
        (2) If land in more than two (2) counties may be affected, the chairman of the board of each county shall appoint one (1) of the members of his board, other than the county surveyor, to serve on the joint board. If, as a result of the appointments, the board has an even number of members, the members of the joint board shall appoint an additional member to the joint board. The additional member must reside in a county that is not affected by the drainage problem.
        (3) The surveyor of the county having the greatest length of drain or proposed drain serves as an ex officio member of the joint board, and has the same duties, powers, and responsibilities he would have if the proposed construction,

reconstruction, or maintenance affected lands lying solely within one (1) county.
    (c) A joint board may authorize the employment of one (1) or more persons to assist the county surveyor who serves on the board in the performance of his duties in connection with the joint board. The joint board shall set the rate of compensation for the assistants and authorize an advance on the general drain improvement fund of each county in proportion to the apparent percentage of the total land area in each county to be affected by the drain. The cost of the assistants and the advance is a part of the operating expense of the joint board, which shall be finally adjusted and allocated as provided in subsection (e).
    (d) Whenever the county surveyor finds that a joint board should be appointed and that:
        (1) the area of affected land in his county exceeds eighty percent (80%) of the total area of land affected by the drain; or
        (2) ninety percent (90%) or more of the length of the affected drain lies within his county;
he may request in writing that each board in the lesser affected county or counties waive the right to be represented on a joint board and that the board of his county be the board for the proceedings. The request and all subsequent communications in the proceedings, including notice of any benefits or damages to the lands within a lesser affected county, shall be forwarded by certified mail with return receipt requested to the chairman of the board of each lesser affected county. If the surveyor does not receive a negative response to his request from the board of a lesser affected county within thirty (30) days, the surveyor may request his board to resolve itself as the board for the proceedings. The board shall serve notice only on the board of a lesser affected county and shall certify to the auditor of that county a single claim for all benefits in that county, unless the surveyor or board of that county furnishes to the board full and acceptable information concerning all individual parcels of affected land in that county, including maps.
    (e) If the joint board proceeds with the proposed improvement or maintenance, all operating expense of the joint board, including the compensation of the fifth member appointed under subsection (b)(1) and the additional member appointed under subsection (b)(2) shall be:
        (1) divided among the counties represented on it in the same proportion that the total land assessment allocated to each county bears to the total cost of the improvement or maintenance; or
        (2) paid from the joint drain's maintenance fund after the fund is established and maintenance funds are collected.
If the joint board does not proceed, all operating expense of the joint board shall be apportioned by the joint board to the counties represented on it as justice requires.
    (f) To the extent applicable, a joint board is governed by the provisions of this chapter concerning:

        (1) the powers, duties, and procedures of a board that serves one (1) county; and
        (2) the rights and remedies of owners affected by the proceedings of a board that serves one (1) county.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.225-1986, SEC.9; P.L.276-2001, SEC.11.

IC 36-9-27-15
Jurisdiction over regulated drains
     Sec. 15. Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-16
Private and mutual drains exempt from chapter
     Sec. 16. (a) Private and mutual drains are not subject to this chapter.
    (b) Land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.4.

IC 36-9-27-17
Private and mutual drains; connection with regulated drains; procedure
     Sec. 17. (a) Whenever:
        (1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and
        (2) the construction or extension will not go through land owned by other persons;
the owner shall file with the county surveyor having jurisdiction of the regulated drain for permission to connect his drain with the regulated drain.
    (b) The owner shall file with his request the plans and specifications of the private or mutual drain that will be constructed or extended. However, if the private or mutual drain will have a tiled outlet of twelve (12) inches or less, and he alleges this in his request, no specifications need be filed.
    (c) If the county surveyor determines that the regulated drain is adequate to handle the additional flow of water, if any, that would result from the connection, and that no harmful pollution is likely to result from the connection, he shall grant the request.
    (d) If the county surveyor determines that the regulated drain is not adequate to handle the additional flow of water resulting from the connection without being reconstructed, he shall deny the request, and the request may not be granted until the regulated drain is reconstructed under sections 49 through 52 of this chapter.

As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-18
Private and mutual drains; conversion to regulated drain; procedure upon request by all owners
     Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction established under section 29 of this chapter.
    (b) If the surveyor determines that the private or mutual drain meets the standards of design and construction, he shall make a written report of that fact to the board, which shall issue an order granting the request. The drain becomes a regulated drain when the request is granted.
    (c) If the surveyor determines that the private or mutual drain does not meet the standards of design and construction, he shall make a written report of that fact to the board, which shall deny the request.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.12.

IC 36-9-27-19
Mutual drains; conversion to regulated drain; procedure upon request by single owner
     Sec. 19. (a) Any owner affected by a mutual drain may file a written request with the board to make the mutual drain a regulated drain under this chapter. Upon receipt of such a request, the board shall fix the date, time, and place for a hearing, which may not be less than thirty (30) days after receipt of the request.
    (b) At least twenty (20) days before the date of the hearing, the owner making the request shall give the owners of all land affected by the request notice of the date, time, place, and purpose of the hearing. Service of the notice shall be made in the manner set forth in section 58 of this chapter or in the manner summonses are served in civil actions.
    (c) Any owner affected by the mutual drain may, on or before the date of the hearing, file with the board written evidence for or against the granting of the request. At the hearing the board shall consider all of the evidence filed, and if it finds that:
        (1) the owners of more than fifty percent (50%) in acreage of the affected land will be benefited if the drain is made a regulated drain under this chapter; and
        (2) the benefit to owners benefited is likely to be greater than the damages to owners damaged by reason of the mutual drain being made a regulated drain;
it shall make written findings to that effect and issue an order granting the request.
    (d) Before adjourning the hearing, the board shall announce its findings and order. This announcement constitutes notice to all

affected persons, and, if judicial review is not requested under section 106 of this chapter within twenty (20) days after the date of notice, the findings and order are conclusive.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-20
Drains located in municipalities or sanitary districts; relinquishment of jurisdiction by board
     Sec. 20. A board may, by resolution, relinquish its jurisdiction over ditches and drains located in a municipality or a sanitary district, if that jurisdiction is accepted by the municipality or sanitary district.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-20.5
Drain maintenance fund; transfer of jurisdiction over drain to municipality or sanitary district
     Sec. 20.5. (a) A municipal or sanitary district drain maintenance fund is established for each drain:
        (1) that is subject to assessments by the board for periodic maintenance and repair; and
        (2) jurisdiction over which is transferred by the board to a municipality or sanitary district under section 20 of this chapter.
    (b) Except as provided in subsections (c) and (d), on or after the date the board transfers jurisdiction over a drain to the municipality or sanitary district, the county treasurer shall transfer the following to the municipal or sanitary district drain maintenance fund established under this section:
        (1) The balance of the maintenance fund established under section 44 of this chapter.
        (2) Except as provided in subsection (e), any assessments for periodic maintenance of the drain that:
            (A) were imposed before the date on which the board transfers jurisdiction of the drain; and
            (B) are collected after the date on which the board transfers jurisdiction of the drain.
    (c) Except as provided in subsection (d), if the board transfers jurisdiction over part of a drain to a municipality or sanitary district, the county treasurer shall transfer under subsection (b):
        (1) the part of the balance in the maintenance fund established under section 44 of this chapter that bears the same proportion to the balance in the fund that the length of the part of the drain transferred to the municipality or sanitary district bears to the total length of the drain; and
        (2) except as provided in subsection (e), the proportion determined under subdivision (1) of any assessments for periodic maintenance of the drain that:
            (A) were imposed before the date on which the board transfers jurisdiction of part of the drain; and
            (B) are collected after the date on which the board transfers

jurisdiction of part of the drain.
    (d) The board and a municipality or sanitary district to which jurisdiction over part of a drain is transferred may agree in writing to an apportionment of the maintenance fund and outstanding assessments different from the apportionment under subsection (c) based on disproportionate maintenance requirements between the part of the drain transferred and the part remaining under the jurisdiction of the board. Subject to subsection (e), a county treasurer who receives a written agreement under this subsection shall transfer under subsection (b) the amounts specified in the agreement.
    (e) If payment for maintenance work for a drain was made from the general drain improvement fund under section 45 of this chapter, the county treasurer shall transfer all or part of the assessment described in subsection (b)(2) to the general drain improvement fund to reimburse the fund for all or part of the cost of the maintenance work.
    (f) The expenses of a municipal or sanitary district drain maintenance fund established by subsection (a) shall be paid from the fund. The municipality or sanitary district to which jurisdiction over a drain is transferred shall deposit money in the fund established for the drain under subsection (a) in accordance with IC 5-13-6. Any interest earned by the fund shall be credited to the fund. Any balance remaining in the fund at the end of a fiscal year shall be carried over in the fund for the following fiscal year.
    (g) A municipal or sanitary district drain maintenance fund established under subsection (a) is subject to the use of the municipality or the sanitary district for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains for which the fund was established whenever the municipality or sanitary district finds that it is necessary. Except as provided in subsection (h), payment for all the maintenance work for a drain or combination of drains shall be made out of the municipal or sanitary district drain maintenance fund established for the drain or combination of drains under subsection (a).
    (h) If the balance of a maintenance fund is not sufficient to pay for all of the maintenance work, the municipality or sanitary district shall pay for any deficiency from the funds used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund. A drain maintenance fund shall close upon payment of all money in the fund.
    (i) If the amount of funds on deposit in a municipal or sanitary district drain maintenance fund is less than five hundred dollars ($500), the balance of the municipal or sanitary district drain maintenance fund may be transferred to the fund used by the municipality or the sanitary district to pay for maintenance work on drains that are not subject to a municipal or sanitary district maintenance fund, and the drain maintenance fund shall be closed.
As added by P.L.111-2003, SEC.1.

IC 36-9-27-20.6
Right of entry and right-of-way powers
     Sec. 20.6. If jurisdiction over a drain is transferred by the board to a municipality or sanitary district under section 20 of this chapter, the municipality or sanitary district has, with respect to that drain, the same right of entry and right-of-way powers over and upon private land that are given to the county surveyor or drainage board under section 33 of this chapter.
As added by P.L.111-2003, SEC.2.

IC 36-9-27-21
Certain municipal drains exempt from chapter; assessment of lands benefited by regulated drains
     Sec. 21. (a) A drain that is located partly or wholly within the corporate boundaries of a municipality is subject to this chapter only if it was constructed by the municipality under this chapter, IC 19-4 (repealed February 26, 1982), or a statute repealed by Acts 1965, c.305, s.1003.
    (b) If a municipal drain not subject to this chapter flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land benefited by the municipal drain to the extent that it is benefited by the construction, reconstruction, or maintenance of the regulated drain.
    (c) This subsection applies to any parcel of land that is partly within the corporate boundaries of a municipality having a drain affected by subsection (b). Notwithstanding section 38 of this chapter, the drainage board may make only one (1) assessment for the same purpose on each individual drain on the parcel. For purposes of making this one (1) assessment, the total acreage of the parcel must be considered to be located where most of the land in the parcel is situated, either within the boundaries or outside the boundaries.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.200-1988, SEC.1; P.L.3-1990, SEC.137.

IC 36-9-27-22
Construction, reconstruction, or maintenance of municipal drains flowing into regulated drains; procedure
     Sec. 22. (a) A municipality acting under a statute other than this chapter may not construct, reconstruct, or maintain a drain that:
        (1) is located party or wholly within the corporate boundaries of the municipality; and
        (2) will flow directly or indirectly into a regulated drain that is subject to this chapter;
without the written approval of the board.
    (b) The municipality shall file with the board a written request for consent to use the regulated drain as an outlet, subject to this chapter. The request must be accompanied by:
        (1) the plans and specifications for the proposed construction, and reconstruction, or maintenance; and

        (2) an estimate by the municipal civil engineer, or another qualified person, of the amount of water that will be discharged into the regulated drain as a result of the proposed construction, reconstruction, or maintenance.
    (c) The board shall refer the request for consent to the county surveyor, who shall determine whether the regulated drain is adequate to handle the additional flow of water, if any, that would result from the construction, reconstruction, or maintenance proposed by the municipality. If the surveyor finds that the regulated drain is adequate to handle the additional flow of water, he shall make a written report of that fact to the board, which shall issue its order consenting to the construction, reconstruction, or maintenance by the municipality. If the surveyor finds that the regulated drain is not adequate, he shall:
        (1) prepare a preliminary plan for the reconstruction of the regulated drain so that it will be adequate to handle the additional flow of water;
        (2) estimate the total cost of the reconstruction;
        (3) file the plan and estimate with the board; and
        (4) serve a copy of the plan and estimate on the municipality.
    (d) If the municipality binds itself by resolution to pay the cost of the reconstruction of the regulated drain, the county surveyor shall prepare final plans and specifications for the work, reestimate the cost of the work except for damages to affected land, and file the plans and estimate with the board. The board shall determine the amount of damages sustained by any owner as a result of the reconstruction of the regulated drain and shall serve upon each owner a notice:
        (1) describing the owner's lands;
        (2) stating the amount of each owner's damages;
        (3) explaining the injury upon which the determination was based; and
        (4) stating the date, time, and place of a hearing by the board on objections to the amount of damages.
The notice shall be served and the hearing held in accordance with sections 49 through 52 of this chapter.
    (e) The board shall add the damages to affected land to the county surveyor's reestimation of the costs of the reconstruction and shall certify that amount to the municipality. When the municipality pays the amount certified by the board into the office of the county treasurer for the use of the board in the reconstruction of the regulated drain, the board shall issue an order consenting to the use of the regulated drain by the municipality and shall proceed with the reconstruction of the regulated drain in accordance with the plans and specifications of the surveyor.
    (f) After the contracts for the reconstruction are let in accordance with sections 77 through 79 of this chapter, the board shall compute the actual cost of the reconstruction. If the actual cost is less than the estimated cost, the excess shall be returned to the municipality on certification by the board to the county auditor of the amount to be

returned. If the actual cost of the reconstruction is more than the estimated cost, the board shall certify that fact to the municipality, which shall immediately pay the difference into the office of the country treasurer.
    (g) When the board consents to a request made by a municipality under subsection (b), the board shall fix the annual assessment against the municipality for the periodic maintenance of the regulated drain in accordance with sections 38 through 43 of this chapter.
    (h) This section does not prohibit a municipality from petitioning the board for the construction of a new regulated drain under sections 54 through 65 of this chapter.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-23
Requests to connect private drains with regulated drains; water pollution control; procedure
     Sec. 23. (a) Whenever:
        (1) a person wants to connect a drain with a regulated drain that is subject to this chapter; and
        (2) the connection would result in the discharge into the regulated drain of liquid wastes that would cause or contribute to pollution of the receiving waters;
the person seeking the connection must obtain written approval from the department of environmental management for the discharge, and shall file that written approval with the board having jurisdiction of the regulated drain when filing his request to connect.
    (b) The board may deny a connection request, even though approval of the department of environmental management is given or is not required.
    (c) The board shall deny a connection request whenever the approval of the department of environmental management is required and is not obtained.
    (d) The provisions of this section requiring department of environmental management approval do not apply to the discharge of sewage from a single or two (2) family residence.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.143-1985, SEC.202.

IC 36-9-27-24
Drains located in conservancy districts; jurisdiction
     Sec. 24. (a) A regulated drain that is located within a conservancy district is not subject to this chapter if:
        (1) the drain has been designated for construction, reconstruction, or maintenance in the district plan of the conservancy district; and
        (2) the district plan was approved before January 1, 1966.
However, if the drain has a direct or indirect outlet into any other drain that is subject to this chapter, the board shall assess the district for any benefits it receives from the construction, reconstruction, or maintenance of the other drain.

    (b) A court may not approve the district plan or an amendment to the district plan of a conservancy district if it includes the construction, reconstruction, or maintenance of a regulated drain in the district, unless written approval for the district to perform the work is filed with the court by the board or by the department of natural resources.
    (c) When a drain located in a conservancy district is not subject to this chapter, the district, with the approval of the court having jurisdiction over the district, may file a written request with the board for the board to assume jurisdiction over the drain. The drain becomes subject to this chapter when the request is filed.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-25
Drains included in flood control projects; exemption from chapter
     Sec. 25. Whenever a regulated drain that is subject to this chapter is included in a flood control project approved by the department of natural resources, the drain ceases to be subject to this chapter. The construction, reconstruction, and maintenance of such a drain is the responsibility of the local agency that constructs and maintains the project.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-26
Drains under jurisdiction of certain drainage maintenance and repair districts and associations; exemption from chapter
     Sec. 26. A drain that is under the jurisdiction of:
        (1) a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8; or
        (2) an association established under Acts 1913, c. 165;
is not subject to annual assessments for periodic maintenance under this chapter, and the district or association is solely responsible for the maintenance of the drain. However, if the drain flows directly or indirectly into a regulated drain that is subject to this chapter, the board shall assess the land within the district or association for any benefits it receives from the construction, reconstruction, or maintenance of the regulated drain.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.88.

IC 36-9-27-26.5
Change of drain and drainage maintenance jurisdiction; transfer of funds and administration
     Sec. 26.5. (a) A county executive may change a regulated drain that is subject to this chapter into a drain that is subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8.
    (b) When a drain that is subject to assessments for periodic maintenance and repair under this chapter becomes subject to the jurisdiction of a drainage maintenance and repair district under

IC 14-27-8, the county treasurer shall transfer all money in the drain's maintenance fund established under section 44 of this chapter to the drain's drainage maintenance fund established under IC 14-27-8-19.
    (c) The county executive shall establish procedures for the transition of a drain from administration under this chapter to administration under IC 14-27-8.
As added by P.L.154-1993, SEC.5. Amended by P.L.1-1995, SEC.89; P.L.97-2004, SEC.132.

IC 36-9-27-27
Dissolution of certain drainage maintenance and repair districts; procedure
     Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by:
        (1) the owners of fifty-one percent (51%) in area of the land located in the district; or
        (2) fifty-one percent (51%) of the owners of land located in the district.
When the statement is filed, the board may file with the court that established the district a complaint that sets forth the allegations in the statement and requests the court to dissolve the district.
    (b) The drainage maintenance and repair district shall be named defendant in the action, and a summons shall be served:
        (1) on any commissioner of the district; or
        (2) on the district by publication if a commissioner cannot be found.
The issues shall be considered closed by a general denial, without the filing on any specific pleadings.
    (c) The court shall hear the action without a jury. A change of venue from the county may not be granted.
    (d) If the court finds that the allegations in the complaint are true, it shall dissolve the district. All the drains formerly under the jurisdiction of the district become regulated drains subject to this chapter when the district is dissolved.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.1-1995, SEC.90.

IC 36-9-27-28
Drains maintained by certain associations; assumption of jurisdiction by board; procedure
     Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:
        (1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or

        (2) fifty-one percent (51%) of the members of the association.
When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.
    (b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:
        (1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or
        (2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.
    (c) On or before the date of the hearing, any member of the association may file written evidence with the board.
    (d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.
    (e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.

IC 36-9-27-29
County surveyors; powers and duties
     Sec. 29. The county surveyor is the technical authority on the construction, reconstruction, and maintenance of all regulated drains or proposed regulated drains in the county, and he shall:
        (1) investigate, evaluate, and survey all regulated drains or proposed regulated drains, and prepare all reports, plans, profiles, and specifications necessary or incident to any proposed construction, reconstruction, or maintenance of regulated drains;
        (2) prepare and make public standards of design, construction, and maintenance that will apply to all regulated drains and their appurtenances, taking into consideration in preparing these standards the published recommendations made by Purdue University, the American Society of Agricultural Engineers, the American Society of Civil Engineers, the United States Department of Agriculture, the department of natural resources, the United States Army Corps of Engineers, and other reliable sources of information;
        (3) supervise all construction, reconstruction, and maintenance work performed under this chapter;
        (4) catalog and maintain a record of all surveying notes, plans, profiles, and specifications of all regulated drains in the county, and of all mutual and private drains when available; and

        (5) perform the functions set forth in sections 67 through 69 of this chapter concerning all urban drains under his jurisdiction.
In preparing plans under subdivision (1), the surveyor shall, when feasible, include the seeding of the banks of all open drains. The surveyor shall, when feasible, use United States Geological Survey data on plans and profiles prepared under subdivision (1).
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.5.

IC 36-9-27-30
Qualified deputies; appointment; duties; compensation
     Sec. 30. (a) Whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31 and that statute prohibits an unregistered person from performing any function that the county surveyor is directed to do under this chapter, the surveyor shall employ and fix the compensation of a person who is so registered to work with the surveyor in performing those functions. However, if the county surveyor does not employ a registered person within one (1) year of the acceptance of a petition for construction or reconstruction of a drain, the board may make the appointment of a registered person that this section requires.
    (b) The person employed by the surveyor, who shall be known as a qualified deputy, shall file with the county surveyor the original of all plans, specifications, and other documents made by the person in performing the work for which the person was employed. Those plans, specifications, and other documents become a part of the permanent file of the surveyor's office, which the surveyor shall maintain for the use of the board as provided in section 109 of this chapter.
    (c) The rate of compensation paid to a qualified deputy shall be assessed against the drainage project for which the deputy was employed.
    (d) This subsection applies whenever the county surveyor is not registered under IC 25-21.5 or IC 25-31, and the county surveyor has not employed a registered person as provided in subsection (a). If the county has a full-time employee who is registered as a land surveyor under IC 25-21.5 or as a professional engineer under IC 25-31, the board may, subject to the approval of the county executive and the county surveyor, designate that person to perform the functions of the county surveyor under this chapter that are allowed under the employee's license as a land surveyor or professional engineer. If a designation is made and approved under this subsection, the county surveyor may not employ a registered person under subsection (a) to perform that same function.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.1; P.L.76-1989, SEC.5; P.L.2-1997, SEC.84; P.L.2-1998, SEC.88; P.L.241-1999, SEC.4.

IC 36-9-27-31
Counties without elected surveyors; employment of engineers or

surveyors by board
     Sec. 31. If for any reason there is no elected county surveyor in any county, the board shall employ and fix the compensation of a part-time or full-time engineer or surveyor. The engineer or surveyor, who must be registered under IC 25-21.5 or IC 25-31 and must be or become a resident of Indiana, shall perform the functions required of the county surveyor in this chapter.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.2-1997, SEC.85.

IC 36-9-27-32
Contract deputies; appointment; powers and duties; compensation
     Sec. 32. (a) Whenever the board finds that it is necessary to advance the work of construction or of reconstruction, as determined from the long-range plan established under section 36 of this chapter, to a degree inconsistent with the work load of the county surveyor, the board shall publicly declare an emergency and shall authorize the employment of an engineer, firm of engineers, or land surveyor as a contract deputy to perform the necessary work, including:
        (1) the preparation of the surveyor's report or specified parts of it; and
        (2) the supervision of the construction or reconstruction.
    (b) A contract deputy shall be employed by contract. Each contract must be for work on a specific drainage project, and may be on a per project fee basis or on a per diem basis of compensation.
    (c) A contract deputy must have the same qualifications as an engineer or surveyor employed or appointed by the board under section 30 or 31 of this chapter.
    (d) The original of all plans, specifications, and other documents made by a contract deputy in performing the work for which he was employed, or facsimiles of them in reproducible form, shall be transmitted to the board and shall be permanently retained by the board or by the surveyor in the manner in which similar documents prepared by the surveyor or the board are retained.
    (e) The compensation of a contract deputy shall be assessed against the drainage project for which the deputy was employed, and may be paid from the general drain improvement fund before the order for the construction or reconstruction.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.2.

IC 36-9-27-33
Right of entry over private land; extension of spoil banks beyond right-of-way
     Sec. 33. (a) The county surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter has the right of entry over and upon land lying within seventy-five (75) feet of any regulated drain. The seventy-five (75) foot limit shall 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;
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. The board may reduce the seventy-five (75) foot requirement of subsections (a) and (b) to any distance of not less than twenty-five (25) feet from the top of each bank of an open ditch and fifteen (15) feet from the center line of any tiled drain as measured at right angles.
    (f) The surveyor, the board, or an authorized representative of the surveyor or the board acting under this chapter does not commit criminal trespass under IC 35-43-2-2.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.3; P.L.76-1989, SEC.6.

IC 36-9-27-34
Classification of drains by county surveyor
     Sec. 34. (a) The county surveyor shall classify all regulated drains in the county as:
        (1) drains in need of reconstruction;
        (2) drains in need of periodic maintenance; or

        (3) drains that should be vacated.
The surveyor shall also consider the designation of urban drains under section 67 of this chapter.
    (b) A regulated drain is in need of reconstruction when:
        (1) it will not perform the function for which it was designed and constructed;
        (2) it no longer conforms to the maps, profiles, and plans prepared at the time when the legal drain was established; or
        (3) topographical or other changes have made the drain inadequate to properly drain the lands affected without extensive repairs or changes, including:
            (A) converting all or part of an open drain to a tiled drain or a tiled drain to an open drain;
            (B) adding an open drain to a tiled drain or a tiled drain to an open drain;
            (C) increasing the size of the tile;
            (D) deepening or widening an open drain;
            (E) extending the length of a drain;
            (F) changing the course of a drain;
            (G) constructing drainage detention basins and drainage control dams;
            (H) providing for erosion control and for grade stabilization structures; or
            (I) making any major change to a drainage system that would be of public utility.
    (c) A regulated drain is in need of periodic maintenance when, with or without the use of mechanical equipment, it can be made to perform the function for which it was designed and constructed, and to properly drain all affected land under current conditions, by periodically:
        (1) cleaning it;
        (2) spraying it;
        (3) removing obstructions from it; and
        (4) making minor repairs to it.
    (d) A regulated drain should be vacated when:
        (1) the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions;
        (2) the expense of reconstruction outweighs the benefits of reconstruction; and
        (3) the vacation will not be detrimental to the public welfare.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.6.

IC 36-9-27-35
Submission of classifications and order of work priority of drains to board; notice and hearing on classification and reclassification requests
     Sec. 35. (a) The county surveyor shall submit to the board a written report setting forth his classification of regulated drains in

order of priority for action by the board. This report may be made from time to time during the surveyor's process of classification.
    (b) The board may adopt the classifications and order of work priority as made by the county surveyor, or may modify them.
    (c) If ten percent (10%) of the owners' request the board to classify or reclassify a drain affecting their land, the board shall, after giving notice to all affected owners, conduct a hearing on the request and adopt a proper classification. The notice shall be given by publication in accordance with IC 5-3-1. Notice shall be given to an attorney of record in the manner provided in section 110 of this chapter.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.75.

IC 36-9-27-36
Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement
     Sec. 36. (a) When the classification of drains, or a partial classification of drains, has been adopted by the board, the county surveyor shall prepare a long-range plan for:
        (1) the reconstruction of regulated drains classified as in need of reconstruction;
        (2) the establishment of an annual maintenance assessment for regulated drains classified as in need of periodic maintenance; and
        (3) the vacating of regulated drains classified as drains that should be vacated.
The plan must set forth the approximate date each drain will be referred to the surveyor for report, taking into consideration the work load of the surveyor and the estimation by the surveyor of the time it will take to prepare each report.
    (b) The long-range plan is subject to approval by the board, may be amended by the board at any time, and shall be reconsidered and brought up to date before June 1 of each year.
    (c) The board shall refer each regulated drain to the county surveyor for a report in accordance with the long-range plan. If no long-range plan has been adopted by the board, and if the surveyor has classified only part of the regulated drains, the board may refer the regulated drains that have been classified to the surveyor for a report in the order of priority set forth in the partial classification.
    (d) Ten percent (10%) of the owners of land affected by a regulated drain that has been classified as a drain that:
        (1) is in need of reconstruction;
        (2) is in need of periodic maintenance; or
        (3) should be vacated;
may file with the board a written request that the board advance the proposed date when the drain will be referred to the county surveyor for report. Upon receipt of such a request, the board shall set the request for hearing at its next regular meeting and shall promptly mail notice of the time, date, and place of the hearing to the owners

making the request. At the meeting any affected owner or the surveyor may present evidence for or against the request. After the hearing, the board may advance the date the drain will be referred to the surveyor if it is practicable to do so.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-37
Vacation of drains; procedure; appeals
     Sec. 37. (a) When instituting proceedings to vacate a regulated drain, the board shall:
        (1) serve a notice of intention to vacate on all owners of affected land;
        (2) fix a date for a hearing;
        (3) receive all objections filed;
        (4) hold the hearing; and
        (5) issue an order vacating or reclassifying the drain.
    (b) A board acting under this section shall:
        (1) comply with the applicable provisions of sections 49 through 52 of this chapter; and
        (2) consider section 34(d) of this chapter in determining whether a drain should be vacated.
    (c) An owner aggrieved by the final order of the board may obtain judicial review of the order under section 106 of this chapter.
    (d) When a drain is vacated, the county treasurer shall transfer all money in that drain's maintenance fund to the general drain improvement fund.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.4.

IC 36-9-27-38
Periodic maintenance of drains; surveyor's report
     Sec. 38. When the board refers a regulated drain classified in need of periodic maintenance to the county surveyor, he shall prepare a maintenance report that includes the following items:
        (1) The estimated annual cost of periodically maintaining the drain.
        (2) The name and address of each owner of land that will be affected by the proposed maintenance, and the legal description of the land of each owner, as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.
        (3) The nature of the maintenance work required and how

frequently the work should be performed.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-39
Periodic maintenance of drains; schedule of assessments
     Sec. 39. When the board receives a maintenance report under section 38 of this chapter, it shall prepare a schedule of assessments that includes the following items:
        (1) A description of each tract of land determined to be benefited, and the name and address of the owner, as listed on the county surveyor's report.
        (2) The percentage of the estimated cost of periodically maintaining the drain to be assessed against each tract of land. The percentage shall be based upon the benefit accruing to each tract of land from the maintenance, and must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
        (3) The amount annually assessed against each tract of land for maintenance.
The board may consider the factors listed in section 112 of this chapter in preparing the schedule.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-40
Periodic maintenance of drains; notice and hearing on surveyor's report and schedule of assessments; objections; publication of notice of final order
     Sec. 40. (a) The board shall fix a date, time, and place for a hearing on the maintenance report of the surveyor and on the schedule of assessments, and shall prepare a written notice for each owner of land proposed to be assessed. The notice, which must describe the land to be assessed, must state:
        (1) the name and identifying number by which the drainage proceedings are known;
        (2) that the maintenance report of the county surveyor and the schedule of assessments made by the board have been filed and are available for public inspection in the office of the surveyor;
        (3) that the surveyor has estimated that the annual cost of periodically maintaining the drain is in the sum of __________ dollars;
        (4) that the land of the owner is shown by the schedule of assessments to be annually assessed __________ percent of the total cost of periodically maintaining the drain;
        (5) that the land of the owner is shown by the schedule of assessments to be annually assessed in the sum of __________ dollars for periodically maintaining the drain; and
        (6) the date, hour, and place of the hearing before the board on the surveyor's maintenance report and on the schedule of assessments.
    (b) Not less than thirty (30) nor more than forty (40) days before

the date of the hearing, the board shall mail a copy of the notice in a five (5) day return envelope to each owner named in the schedule of assessments.
    (c) The board shall publish a notice in accordance with IC 5-3-1. The notice must:
        (1) identify the drainage proceedings;
        (2) be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered; and
        (3) state that:
            (A) the maintenance report of the surveyor and the schedule of assessments made by the board have been filed and are available for public inspection in the office of the county surveyor; and
            (B) a hearing will be held before the board on the schedule of assessments, specifying the time and place of the hearing.
    (d) Not less than five (5) days before the hearing, any owner of land named in the schedule of assessments may file with the board a written objection alleging that he is the owner of land assessed as benefited and the benefits assessed against his land are excessive. Each objector may file written evidence in support of his objection. The failure of an owner to file an objection constitutes a waiver of his right to subsequently object, on the ground stated in this subsection, to any final action of the board.
    (e) On or before the day of the hearing, the surveyor shall, and any owner of land named in the schedule of assessments may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (d).
    (f) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.
    (g) After considering all objections and evidence, the board may amend the schedule of assessments as justice may require. Before final adjournment of the hearing, the board shall issue an order adopting the schedule of assessments as originally filed or as amended, mark the order filed, and publicly announce the order at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the drainage proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the county surveyor.
    (h) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the order becomes conclusive.
    (i) The notice required by subsections (a) and (b) for each owner of land proposed to be assessed is not required for a joint board that includes three (3) or more counties in a drainage basin that exceeds

eighty thousand (80,000) acres, except that when the proposed assessment affects land owned by a public utility or railroad the requirements of subsections (a) and (b) shall be met as to the public utility or railroad.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.76; P.L.370-1983, SEC.1; P.L.239-1996, SEC.1.

IC 36-9-27-41
Periodic maintenance of drains; combination of drains for assessment purposes; procedure
     Sec. 41. (a) If recommended by the county surveyor, the board may, after notice and hearing to affected owners, combine regulated drains located in the same watershed for the purpose of annually assessing the owners benefited for periodic maintenance.
    (b) The notice shall be published in accordance with IC 5-3-1. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.
    (c) In combining drains, the board shall consider:
        (1) whether the drains are tiled or open; and
        (2) the uniformity of topography and soil types;
so that the drains that are combined represent substantially the same maintenance problem and can be kept in proper repair at a cost sufficiently uniform as to constitute no substantial inequity for any owner included in the combination of drains.
    (d) The board may, from time to time, add regulated drains to a combination of drains established under this section.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.77.

IC 36-9-27-42
Increases and decreases in assessments for periodic maintenance of drains; procedure
     Sec. 42. (a) The board may at any time increase or decrease the amount annually assessed for periodic maintenance of a regulated drain if the board finds that the county surveyor's estimate of the cost of maintaining the drain was insufficient or excessive.
    (b) The board may decrease the amount annually assessed without notice to the affected owners if the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board.
    (c) The board may increase the amount annually assessed once without notice to the affected owners if:
        (1) the percentage of benefit assigned to all tracts of land affected is not changed from that originally determined by the board; and
        (2) the increase does not exceed twenty-five percent (25%) of the amount initially established.
    (d) If the board:
        (1) finds that the percentage of benefit assigned to any particular tract or tracts of land should be increased due to a

change in land use or for any other reason; or
        (2) proposes an increase or decrease that would affect all of the lands assessed for the maintenance of the drain and that is not exempted from the giving of notice under subsection (b) or (c);
the board shall mail a notice to the owner or owners of the land. The notice must state the proposed change in the assessment, and specify a date, time, and place, not less than ten (10) days after the notice is mailed, when the board will hear objections to the change. An owner may file written objections to the proposed change on or before the date of the hearing. At the hearing, the board shall consider all objections and evidence filed and shall enter an order as justice may require. The board shall mail a copy of its order to the owner or owners affected. If an owner does not request judicial review of the order under section 106 of this chapter within twenty (20) days after his receipt of the copy of the order, the order becomes conclusive.
    (e) A joint board that includes three (3) or more counties in a drainage basin that exceeds one hundred thousand (100,000) acres shall publish notice in accordance with IC 5-3-1 instead of mailing notice to the owner or owners of land as required by subsection (d).
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.25; P.L.370-1983, SEC.2.

IC 36-9-27-43
Omission of annual assessment
     Sec. 43. (a) If in any year a maintenance fund established under section 44 of this chapter has an unencumbered balance equal to or greater than four (4) times the estimated annual cost of periodically maintaining the drain for which the fund was established, the annual assessment for the maintenance of that drain may be omitted for that year.
    (b) The county drainage board may collect the drain assessment even though the unencumbered balance of the maintenance fund is equal to or greater than four (4) times the estimated annual cost of periodic maintenance of the drain for which the fund was established if the drainage board does the following:
        (1) Conducts a public hearing in accordance with section 40 of this chapter.
        (2) At the public hearing estimates what the unencumbered balance of the maintenance fund would be, as a multiple of the estimated annual cost of periodic maintenance of the drain, after the collection of the total amount that the board intends to collect in assessments.
However, the annual assessment for the maintenance of the drain shall be omitted if, according to the estimate of the board, the collection of the intended total amount of assessments would increase the unencumbered balance of the maintenance fund to equal or exceed eight (8) times the estimated annual cost of periodic maintenance of the drain for which the fund was established.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.13.


IC 36-9-27-44
Establishment of maintenance funds for drains
     Sec. 44. (a) A maintenance fund is established for each regulated drain and for each combination of drains established under section 41 of this chapter. A maintenance fund consists of:
        (1) money received from annual assessments upon land benefited by the periodic maintenance of a drain;
        (2) penalties received on collection of delinquent annual assessments made for the periodic maintenance of a drain; and
        (3) money received from any person as compensation for damages suffered to a drain.
    (b) The county auditor shall:
        (1) set up a separate ledger account for each regulated drain or combination of drains whenever the board fixes an annual assessment for the periodic maintenance of the drain or combination; and
        (2) extend the assessments upon the ditch duplicate in each year that the assessments are to be made.
    (c) Whenever the county surveyor's estimate for annual maintenance of any drain is not more than one thousand five hundred dollars ($1,500), the board may exempt that drain from the requirement that a maintenance fund be established. Expenses up to one thousand five hundred dollars ($1,500) in each year for the drain shall be paid from the general drain improvement fund established under section 73 of this chapter. The surveyor may make these minor repairs without advertising or letting a contract or contracts, but the total of these expenditures in any one (1) county in each year may not exceed ten dollars ($10) per mile of regulated drains in the county. Expenditures under this subsection may not be assessed to the affected owners.
    (d) The board may deposit money that is in a maintenance fund in the manner and to the extent provided by IC 5-13-6.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.351-1985, SEC.1; P.L.19-1987, SEC.55.

IC 36-9-27-45
Maintenance funds for drains; use of funds
     Sec. 45. A maintenance fund established under section 44 of this chapter is subject to the use of the board for the necessary or proper repair, maintenance, study, or evaluation of the particular drain or combination of drains, which may be done whenever the board, upon the recommendation of the county surveyor, finds that it is necessary. The payment for all such maintenance work shall be made out of the appropriate maintenance fund. However, if:
        (1) a maintenance fund has not been established for the drain or combination of drains; or
        (2) a maintenance fund has been established but it is not sufficient to pay for the work;
the general drain improvement fund shall be used to pay the cost of the work or to pay for the deficiency, and the general drain

improvement fund shall be reimbursed from the appropriate maintenance fund when it is established or becomes sufficient.
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.14.

IC 36-9-27-45.5
Excess drainage maintenance fund balance; transfer of funds
     Sec. 45.5. (a) This section applies when a county surveyor advises the drainage board that in the county surveyor's opinion a maintenance fund has a balance in excess of the amount reasonably needed in that fund for maintenance work in the foreseeable future.
    (b) The board may transfer an amount up to a maximum of seventy-five percent (75%) of the money in the maintenance fund to a reconstruction fund that covers the same watershed as the maintenance fund from which the money is transferred.
As added by P.L.154-1993, SEC.6.

IC 36-9-27-46
Obstruction of drains; repair procedure
     Sec. 46. (a) When a regulated drain is obstructed or damaged by logs, trees, brush, unauthorized structures, trash, debris, excavating, filling, or pasturing livestock, or in any other way, the county surveyor shall immediately remove the obstruction and repair any damage.
    (b) Notwithstanding subsection (a), if the obstruction or damage is caused by an owner of land affected by the drain, the county surveyor shall first mail a notice to the owner, with return receipt requested, requiring the owner to remove the obstruction and repair the damage. If the owner fails to comply within ten (10) days after receipt of the notice, the surveyor shall perform the work, and the cost of the work shall be paid out of the annual maintenance fund of the drain if one has been established, or, if no such fund has been established, out of the general drain improvement fund.
    (c) If the obstruction or damage has been caused by the acts or omissions of an owner of land affected by the drain, the board may, after a hearing with written notice served on the owner, add an amount sufficient to pay for the damage to the next annual assessment made against the land of the owner. The board shall certify the assessment to the county auditor in the same manner as any other assessment.
    (d) If the obstruction or damage is caused by the acts or omissions of a person other than the owner of land affected by the drain, the board may bring an action against that person in court. The board is entitled to recover the reasonable value of removing the obstruction and repairing the damage, plus a reasonable attorney's fee.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-47
Persons entering land under contract, easement, or statute; damage to drains; repair procedure

     Sec. 47. (a) Whenever any person:
        (1) goes upon any land under any contract, easement, or statute; and
        (2) damages a regulated drain or impedes the flow of such a drain by placing pipe, cable, or other material over, under, or through the drain;
the board shall serve upon the person an order requiring him to immediately repair the damages and remove the obstruction.
    (b) If the person fails to comply with the order, the county surveyor shall repair the damage and remove the obstruction. The board may then bring an action against the person to recover damages, including the reasonable cost of repairing the damage and removing the obstruction, along with reasonable attorney's fees.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-48
Construction or reconstruction of drains; relocation of public utility equipment; procedure
     Sec. 48. (a) Whenever, in the construction or reconstruction of a regulated drain, the county surveyor determines that:
        (1) the proposed drain will cross a pipeline, cable, or similar equipment of a public utility; and
        (2) the equipment will interfere with the proper operation of the drain;
he shall include in his plans the relocation requirements of the equipment. The surveyor shall, by registered mail, send a copy of the requirements to the public utility owning the equipment.
    (b) If requested by the public utility, the county surveyor shall meet with the public utility at a time and place to be fixed by the surveyor and hear objections to the requirements. After the hearing, the surveyor may change the requirements as justice may require.
    (c) If the board finds that the relocation of a pipeline, cable, or similar equipment owned by a public utility is necessary in the construction or reconstruction of a regulated drain, the cost of relocation shall be paid by the public utility.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-49
Reconstruction of drains; surveyor's report
     Sec. 49. (a) When the board refers a regulated drain to the county surveyor for a reconstruction report, the surveyor shall determine and set forth in his report the best and cheapest method of reconstructing the drain so that it will adequately drain all affected land.
    (b) The county surveyor shall make the necessary surveys, maps, profiles, plans, and specifications, and he may include in them:
        (1) all of the repairs or changes specifically set forth in section 34(b) of this chapter; and
        (2) any other repairs or changes that good engineering practice requires, including arms where none existed before.
    (c) The county surveyor shall estimate the costs of the proposed

reconstruction, including costs of notices and advertising, and he shall also estimate the annual cost of periodically maintaining the proposed reconstruction.
    (d) The county surveyor shall include in his report the name and address of each owner of land that will be affected by the proposed reconstruction, and the legal description of the land of each owner as shown by the tax duplicate or record of transfers of the county in which the land is located. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. If the name of an owner is not known, and cannot be discovered through diligent inquiry, the report may describe the land as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfers of the county where the land is located.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-50
Reconstruction of drains; preparation of schedule of assessments and damages
     Sec. 50. When the county surveyor files a reconstruction report, he shall consult with the board, and the board shall take the following actions:
        (1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the surveyor's report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.
        (2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:
        (A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the surveyor's report;
        (B) the amount of each owner's damages; and
        (C) an explanation of the injury upon which the determination was based.
The surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in his report, and the result constitutes the total estimated cost of the reconstruction.
        (3) Set forth the amount of each owner's assessment based on the total estimated cost of the reconstruction.
        (4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the

reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment.
The board may consider the factors listed in section 112 of this chapter in preparing the schedules.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-51
Reconstruction of drains necessitated by changes in land use; assessments
     Sec. 51. Whenever it becomes necessary to reconstruct a regulated drain that has become inadequate due to an increased flow of drainage resulting, in whole or in part, from a change in land use by one (1) or more owners of land affected by the drain, the board shall consider that fact in assessing benefits to pay the cost of the reconstruction, and the owner or owners necessitating the reconstruction shall be assessed accordingly.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-52
Reconstruction of drains; notice and hearing on surveyor's report and schedules; objections; final order
     Sec. 52. (a) When the schedules of damages and assessments are completed and marked filed, the board shall fix a date, time, and place for a hearing on the reconstruction report of the county surveyor and on the schedules of damages and assessments, and shall prepare a notice for each owner of land affected by the reconstruction. The notice must state:
        (1) the name and identifying number by which the proposed reconstruction is known;
        (2) that the reconstruction report of the surveyor and the schedules of damages and benefits as determined by the board have been filed and are available for inspection in the office of the surveyor;
        (3) that the land of the owner is shown by the schedule of damages to be damaged in the sum of ______ dollars;
        (4) that the land of the owner is shown by the schedule of assessments to be assessed ______ percent of the total cost of reconstruction, and that ______ percent of the estimated total cost of the reconstruction is in the sum of _______ dollars;
        (5) that the land of the owner is shown by the schedule of assessments to be annually assessed in the sum of _______ dollars for estimated periodic maintenance of the reconstruction; and
        (6) the date, hour, and place of the hearing on the surveyor's reconstruction report and on the schedules of damages and assessments.
    (b) Not less than thirty (30) nor more than forty (40) days before the date of the hearing, the board shall mail a copy of the notice in a five (5) day return envelope to each owner named in the schedules of

damages and assessments.
    (c) The board shall publish a notice in accordance with IC 5-3-1. The notice must:
        (1) identify the proposed reconstruction;
        (2) be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered; and
        (3) state that:
            (A) the reconstruction report of the county surveyor and the schedules of damages and assessments made by the board have been filed and are available for public inspection in the office of the county surveyor; and
            (B) a hearing will be held before the board on the report and schedules, specifying the time and place of hearing.
    (d) Not less than five (5) days before the board's hearing on a reconstruction report, an owner of lands affected by the report or by the schedules of damages and assessments may file with the board written objections to the report, schedules, or both. The objections may be for one (1) or more of the following causes:
        (1) The costs, damages, and expenses of the proposed reconstruction will exceed the benefits that will result to the owners of all land benefited.
        (2) The objector is the owner of land assessed as benefited, and the benefits assessed against his land are excessive.
        (3) The objector is the owner of land damaged by the reconstruction, and:
            (A) the board failed to find that his land is damaged; or
            (B) the damages assessed to his land are inadequate.
Each objector may file written evidence in support of his objections. The failure of an owner to file objections constitutes a waiver of his right to subsequently object, on the grounds stated in this subsection, to any final action of the board.
    (e) On or before the day of the hearing, the county surveyor shall, and any owner of land affected by the proposed reconstruction may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (d).
    (f) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.
    (g) After considering all of the objections and evidence, the board may amend the schedules of damages and assessments, and the county surveyor may modify his report, as justice may require.
    (h) Before final adjournment of the hearing, the board shall determine in writing whether the costs, damages, and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of land benefited by the construction. If the board answers this question in the negative, it shall dismiss the proceedings. If the board answers the question in the affirmative, it shall adopt the

reconstruction report of the county surveyor and the schedule of damages and assessments, including annual assessments for periodic maintenance, as originally filed or as amended, into its findings, and issue an order declaring the proposed reconstruction established. The board shall mark the findings and order filed and publicly announce the findings and order at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the drainage proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the surveyor.
    (i) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the findings and order become conclusive.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.78; P.L.180-1995, SEC.6.

IC 36-9-27-52.5
Authorization for reconstruction of regulated drain
     Sec. 52.5. (a) If:
        (1) a proposed project for the reconstruction of a regulated drain is presented to the board for approval;
        (2) the proposed project consists exclusively of the relocation of a regulated drain from one (1) site on property owned by a person to another site on property owned by the same person;
        (3) the specifications for the project have been approved by the county surveyor;
        (4) the project will be completed under the supervision of the county surveyor;
        (5) the person who owns the property on which the regulated drain will be relocated will pay the entire cost of the project;
        (6) the county surveyor has investigated whether any other owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project, and has communicated the results of the investigation to the board;
        (7) the board finds that no owner of land in the watershed in which the regulated drain is located will be adversely affected by the proposed project; and
        (8) the board, at a public meeting, votes to approve the proposed project;
the board may issue an order authorizing the reconstruction of a regulated drain.
    (b) The board may issue an order authorizing the reconstruction of a regulated drain under subsection (a) without:
        (1) the preparation and filing of a reconstruction report under sections 49 and 50 of this chapter;
        (2) the preparation by the county surveyor of a schedule of damages and assessments under section 50 of this chapter; and
        (3) a hearing on the reconstruction report and the schedules of damages and assessments under section 52 of this chapter.

As added by P.L.273-1995, SEC.3.

IC 36-9-27-53
Reconstruction proceedings; combination of drains; procedure
     Sec. 53. (a) Whenever:
        (1) the board has initiated, or is considering initiating, a proceeding to reconstruct a regulated drain under this chapter;
        (2) one (1) or more other regulated drains in the same watershed are in need of reconstruction;
        (3) the board finds that no substantial injustice would result from treating the drains as a single drain; and
        (4) the board has given notice and a hearing to the owners of affected land;
the board may issue an order combining the drains.
    (b) The notice shall be published:
        (1) at least once; and
        (2) not less than ten (10) nor more than thirty (30) days before the date of the hearing;
in a newspaper of general circulation in the area affected. Notice shall also be given to an attorney of record in the manner provided in section 110 of this chapter.
    (c) After an order is issued under this section, this chapter applies to the combined drains as if they were a single drain.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-53.5
Onsite field review; procedures
     Sec. 53.5. (a) A county surveyor or board planning to perform a project for the reconstruction or maintenance of a regulated drain under IC 36-9-27 that:
        (1) is subject to regulation under:
            (A) IC 14-26-5; or
            (B) IC 14-28-1; or
        (2) requires an individual permit under Section 404 of the federal Clean Water Act (33 U.S.C. 1344);
shall request an onsite field review of the project through a written notification of the division of water of the department of natural resources (referred to as "the division" in this section).
    (b) Not more than fourteen (14) days after it receives a notification under subsection (a), the division shall contact the county surveyor or the designee of the county surveyor and the department of environmental management to establish a date, time, and location for the onsite field review.
    (c) The onsite field review shall be conducted by a team consisting of:
        (1) one (1) or more representatives of the county;
        (2) one (1) or more representatives of the department of natural resources, including an engineer from the division of water;
        (3) one (1) or more representatives of the department of environmental management; and

        (4) if applicable, representatives of the local soil and water conservation district.
    (d) Not more than thirty (30) calendar days after the completion of an onsite field review under this section, the division shall provide the county surveyor with a written summary of the review. The summary must contain the following:
        (1) A narrative and map defining the project location.
        (2) A description of the proposed work.
        (3) A list of conditions that:
            (A) the department of natural resources would place on a permit to mitigate any unreasonable or detrimental effects that may occur as a result of the proposed work;
            (B) the department of environmental management would place on a certification to comply with Section 401 of the federal Clean Water Act (33 U.S.C. 1341), if it is possible to ensure compliance with Section 401 by placing conditions on the certification; or
            (C) both departments referred to in this subdivision would place on a permit or certification.
    (e) The department of natural resources may not require or recommend the following as conditions for a permit for a project for the reconstruction or maintenance of a regulated drain:
        (1) Deed restrictions in connection with the proposed work.
        (2) Conservation easements in connection with the proposed work.
        (3) Tree planting or tree retention within the easement of the regulated drain, if:
            (A) the project involves construction on only one (1) side of the drain;
            (B) vegetation on the opposite overbank will not be disturbed; and
            (C) the board agrees to establish a suitably sized vegetated filter strip consisting of grasses and legumes along the side of the drain on which the construction will occur.
    (f) For the purposes of subsection (e)(3), a project involves construction on only one (1) side of a regulated drain if the work is limited to the entire area:
        (1) below the top of the banks; and
        (2) within the drainage easement on one (1) side;
of the stream or open drain.
    (g) A county surveyor or board that is aggrieved by the permit conditions disclosed under subsection (d)(3) has the right to enter into further negotiations with the department of natural resources and the department of environmental management in order to obtain a mutually agreeable set of permit conditions.
    (h) If the permit conditions disclosed under subsection (d)(3) concerning a project for the reconstruction or maintenance of a regulated drain are acceptable to the county surveyor and board, the conditions:
        (1) are binding upon the department of natural resources; and
        (2) may not be changed by the department of natural resources.
However, subdivisions (1) and (2) cease to apply to the permit conditions disclosed under subsection (d)(3) concerning a project if an application for a permit for the project is not submitted within two (2) years after the onsite field review.
As added by P.L.180-1995, SEC.7. Amended by P.L.2-1996, SEC.295.

IC 36-9-27-54
Construction of drains; petitions
     Sec. 54. (a) When one (1) or more persons want to establish a new regulated drain, and that drain cannot be established in the best and cheapest manner without affecting land owned by other persons, the person or persons seeking to establish the drain must file a petition with the board. If the proposed drain will affect land in two (2) or more counties, the petition shall be filed in each of the affected counties. The petition shall be entitled "In the Matter of the __________ Drain Petition".
    (b) The petition may be filed by:
        (1) the owners of:
        (A) ten percent (10%) or more in acreage; or
        (B) twenty-five percent (25%) or more of the assessed valuation;
of the land that is outside the corporate boundaries of a municipality and is alleged by the petition to be affected by the proposed drain;
        (2) a county executive that wants to provide for the drainage of a public highway;
        (3) a township executive or the governing body of a school corporation that wants to drain the grounds of a public school; or
        (4) a municipal legislative body that wants to provide for the drainage of the land of the municipality.
    (c) The petition must include the following items:
        (1) A statement showing that each petitioner is qualified to file the petition.
        (2) The legal description of each tract of land that a petitioner believes will be affected by the proposed drain, and the name and address of each owner, as shown by the tax duplicate or record of transfers of the county. However, a public way owned by a county or by the state shall be described by its name or number, and the right-of-way of a railroad may be described as the right-of-way of the owner through section, township, and range. The petition must describe an area of land equal to three-fourths (3/4) or more in area of all the affected land.
        (3) The general route of the proposed drain.
        (4) A statement that in the opinion of the petitioner the costs, damages, and expenses of the proposed drain will be less than the benefits accruing to the owners of land likely to be benefited by the drain.
        (5) A statement that in the opinion of the petitioner the

proposed drain will:
        (A) improve the public health;
        (B) benefit a public highway in a county or a public street in a municipality;
        (C) drain the grounds of a public school; or
        (D) be of public utility.
        (6) The name of the attorney representing the petitioner in the drainage petition.
        (7) A statement that the petitioner shall pay the cost of notice and all legal costs, if the petition is dismissed.
The petitioner shall post a bond sufficient to pay the cost of notice and all legal costs if the petition is dismissed.
    (d) The petition must be signed by each petitioner and filed in duplicate with the county surveyor, who shall receive it on behalf of the board. The surveyor shall examine the petition and if it is in proper form he shall mark it filed, showing the date of filing, and give it a distinguishing name by insertion in its caption. If the petition is not in proper form, the surveyor shall return it to the attorney for the petitioner, pointing out in what respects the petition fails to comply with this chapter. The attorney may then amend the petition and refile it with the surveyor.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-55
Construction of drains; inspection and preliminary report by county surveyor
     Sec. 55. When the county surveyor has accepted a petition and marked it filed under section 54 of this chapter, he shall make a personal inspection of the land described in the petition and file with the board a written preliminary report stating:
        (1) whether the proposed drain is practicable;
        (2) whether the proposed drain will improve the public health, benefit a public highway in a county or a public street in a municipality, drain the grounds of a public school, or be of public utility; and
        (3) whether the costs, damages, and expenses of the proposed drain will probably be less than the benefits accruing to the owners of land likely to be benefited.
In determining whether the proposed drain is practicable, the surveyor may consider changing the route of the proposed drain from that set forth in the petition to conform with sound engineering principles.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-56
Construction of drains; negative findings by surveyor; procedure
     Sec. 56. (a) If the county surveyor's report concerning any of the three (3) subdivisions of section 55 of this chapter is wholly in the negative, the board shall have a copy of the surveyor's preliminary report served upon the attorney for the petitioner.

    (b) Within twenty (20) days after service is made under subsection (a), the petitioner may file with the board written objections to the report, along with written evidence in support of the objections.
    (c) The board shall consider any objections and written evidence filed by petitioner, and may then adopt the surveyor's preliminary report as filed or amend it as justice may require. However, if the board finds that the report concerning any of the three (3) subdivisions of section 55 of this chapter should be wholly in the negative, it shall dismiss the petition, whether or not the petitioner has filed objections and evidence.
    (d) The board shall serve a copy of its findings and the notice of dismissal, if any, on the attorney for the petitioner. The petitioner may file an appeal from the order of the board under section 106 of this chapter within twenty (20) days after service of the order on his attorney.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-57
Construction of drains; affirmative findings by surveyor; procedure
     Sec. 57. (a) If the county surveyor, in his preliminary report, or the board, after a hearing under section 56 of this chapter, finds that the report concerning each of the three (3) subdivisions of section 55 of this chapter should be in the affirmative, the surveyor shall determine if any land other than that described in the petition will be affected by the proposed drain. If the surveyor finds that additional land will be affected, he shall make a written report to the board, setting forth the boundary of the additional area of affected land.
    (b) After receiving the county surveyor's report under subsection (a), the board shall determine if the petition describes an area of land equal to three-fourths (3/4) or more of all the affected land.
    (c) If the board's determination under subsection (b) is in the negative, the board shall enter an order dismissing the petition, unless within a time specified by the board a supplementary petition describing a sufficient area contiguous to the area described in the original petition, with the signatures required to qualify the supplementing petition, is filed with the board. The board shall serve a copy of the report of the county surveyor and order of dismissal upon the attorney for petitioner. The dismissal does not prohibit the subsequent filing of a proper petition.
    (d) If the county surveyor determines that additional land will be affected by the proposed drain, and that the petition described a sufficient area of land, he shall prepare a written report describing the boundary of the additional area and have a copy of the report served on the attorney for the petitioner. The petitioner, within thirty (30) days after service of the report upon his attorney, shall file with the surveyor an amendment to the petition, including:
        (1) the names and addresses of the owners of all land within the additional area described in the surveyor's report; and

        (2) a legal description of each owner's land.
The names, addresses, and legal descriptions shall be described in the manner prescribed by section 54(c)(2) of this chapter. If the petitioner fails to file the amendment to the petition within the thirty (30) day period, or within any additional time granted to the petitioner by the surveyor or the board, the surveyor shall report that fact to the board at its next meeting. The board shall then enter an order dismissing the petition and serve a copy of the order on the attorney for petitioner.
    (e) If the county surveyor determines that the petition described all of the land that may be affected by the proposed drain, or if the surveyor determines otherwise and a proper amendment to the petition is filed under subsection (d), the surveyor shall immediately fix a date, hour, and place for a hearing before the board on the petition and shall have written notice of the hearing served on the attorney for the petitioner. The date of the hearing may not be less than thirty (30) nor more than forty (40) days after the date of service of notice upon the petitioner's attorney. The surveyor shall call a special meeting of the board for the date, time, and place fixed in the notice unless a meeting of the board is already scheduled for the date, time, and place.
As added by Acts 1981, P.L.309, SEC.101.

IC 36-9-27-58
Construction of drains; notice of hearing on petition
     Sec. 58. (a) Within seven (7) days after the attorney for the petitioner is served with notice of a hearing under section 57(e) of this chapter, he shall prepare a written notice setting forth:
        (1) the fact of the filing and pendency of the petition;
        (2) the name and identifying number by which the petition is known;
        (3) the general route of the proposed drain; and
        (4) the date, hour, and place of the hearing before the board.
    (b) The attorney for the petitioner shall, within the seven (7) day period, mail a copy of the notice in a five (5) day return envelope to each owner named in the petition.
    (c) The attorney for the petitioner shall have a copy of the notice published in accordance with IC 5-3-1. The published notice shall be directed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered.
    (d) On or before the day of the hearing, the attorney for the petitioner shall file with the board affidavits showing the mailing of the notices under subsection (b) and the publication of notice under subsection (c). The mailing and publication of the notice under this section constitute public notice to all owners of the pendency of the petition, whether or not they were individually named and notified, and are sufficient to give the board jurisdiction over those owners.
As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.79.

IC 36-9-27-59
Construction of drains; remonstrances and objections to petition
     Sec. 59. (a) At least five (5) days before the board's hearing on a petition to establish a new regulated drain, one (1) or more persons who own two-thirds (2/3)