Indiana § 36-9-27-114 - Drainage board fees in certain counties for certain storm water activities

§ 36-9-27-114. Drainage board fees in certain counties for certain storm water activities

Sec. 114. (a) This section applies to a county that:

(1) receives notification from the department of environmental management that the county will be subject to regulation under 327 IAC 15-13; and

(2) has not adopted an ordinance to adopt the provisions of IC 8-1.5-5.

(b) As used in this section, "storm water improvements" means storm sewers, drains, storm water retention or detention structures, dams, or any other improvements used for the collection, treatment, and disposal of storm water.

(c) The drainage board of a county may establish fees for services provided by the board to address issues of storm water quality and quantity, including the costs of constructing, maintaining, operating, and equipping storm water improvements.

(d) Fees established under this chapter after a public hearing with notice given under IC 5-3-1 are presumed to be just and equitable.

(e) The fees are payable by the owner of each lot, parcel of real property, or building that uses or is served by storm water improvements that address storm water quality and quantity. Unless the board finds otherwise, the storm water improvements are considered to benefit every lot, parcel of real property, or building that uses or is served by the storm water improvements, and the fees shall be billed and collected accordingly.

(f) The board shall use one (1) or more of the following factors to establish the fees:

(1) A flat charge for each lot, parcel of property, or building.

(2) The amount of impervious surface on the property.

(3) The number and size of storm water outlets on the property.

(4) The amount, strength, or character of storm water discharged.

(5) The existence of improvements on the property that address storm water quality and quantity issues.

(6) The degree to which storm water discharged from the property affects water quality in the district.

(7) Any other factors the board considers necessary.

(g) The board may exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, based on:

(1) variations in the costs, including capital expenditures, of addressing storm water quality and quantity for various classes of users or for various locations;

(2) variations in the number of users in various locations; and

(3) whether the property is used primarily for residential, commercial, or agricultural purposes.

As added by P.L.282-2003, SEC.40.

IC 36-9-27.2Chapter 27.2. Indiana Drainage Handbook

36-9-27.2-1"Advisory board" 36-9-27.2-2"Department" 36-9-27.2-3"Indiana Drainage Handbook" 36-9-27.2-4Department duty 36-9-27.2-5Indiana Drainage Handbook advisory board 36-9-27.2-6Official action of the advisory board 36-9-27.2-7Meetings; per diem 36-9-27.2-8Department provides staff

IC 36-9-27.2-1"Advisory board" Sec. 1. As used in this chapter, "advisory board" refers to the Indiana Drainage Handbook advisory board.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-2"Department" Sec. 2. As used in this chapter, "department" refers to the Indiana state department of agriculture.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-3"Indiana Drainage Handbook" Sec. 3. As used in this chapter, "Indiana Drainage Handbook" refers to the publication "Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana Streams and Ditches", which was prepared by the Christopher B. Burke Engineering Company in accordance with P.L.329-1995, published in 1996, and revised and republished in 1999.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-4Department duty Sec. 4. (a) The department shall oversee and take all actions necessary for the preparation and publication of an updated version of the Indiana Drainage Handbook.

(b) The department may select a contractor to draft the updated version of the Indiana Drainage Handbook. The contractor selected under this subsection shall be subject to the supervision of the department, and the text developed by the contractor shall be subject to review and comment by the advisory board.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-5Indiana Drainage Handbook advisory board Sec. 5. (a) The secretary of agriculture and rural development shall appoint an Indiana Drainage Handbook advisory board to:

(1) advise the contractor and the department on the preparation of the updated version of the Indiana Drainage Handbook; and

(2) review and comment on:

(A) the structure of; and

(B) the text of drafts of;

the updated version of the Indiana Drainage Handbook.

(b) The advisory board must include the following:

(1) A representative of the department.

(2) A licensed county surveyor.

(3) A county commissioner.

(4) A representative of a soil and water conservation district.

(5) A licensed engineer.

(6) A representative of the department of natural resources.

(7) A representative of the department of environmental management.

(8) A farmer from northern Indiana.

(9) A farmer from central Indiana.

(10) A farmer from southern Indiana.

(11) A representative of the construction industry.

(12) A representative of the United States Fish and Wildlife Service.

(13) A representative of the United States Army Corps of Engineers.

(14) A representative of the United States Department of Agriculture's Natural Resources Conservation Service.

(15) An individual focused on environmental stewardship and sustainability.

(c) The secretary of agriculture and rural development shall appoint one (1) member of the advisory board as chairperson.

(d) A member of the advisory board serves until:

(1) the updated version of the Indiana Drainage Handbook is published on the website of the department of natural resources or the department; and

(2) the secretary of agriculture and rural development declares that the work of the advisory board is concluded.

(e) A vacancy on the advisory board shall be filled by appointment by the secretary of agriculture and rural development.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-6Official action of the advisory board Sec. 6. (a) The advisory board may not take official action or make official recommendations on:

(1) general drainage policies;

(2) the text of drafts of the updated version of the Indiana Drainage Handbook; or

(3) the structure of the updated version of the Indiana Drainage Handbook.

(b) Advice and comments provided by the advisory board are not binding on the department or the contractor selected under section 4 of this chapter.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-7Meetings; per diem Sec. 7. (a) The advisory board shall meet at the call of the chairperson. After the contractor is selected under section 4 of this chapter, the advisory board:

(1) shall meet at least two (2) times to review the work of the contractor; and

(2) may meet at other times at the call of the chairperson as the contractor's work on the updated Indiana Drainage Handbook progresses.

(b) The expenses of the advisory board shall be paid from funds appropriated to the department.

(c) Each member of the advisory board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.2-8Department provides staff Sec. 8. (a) The department shall staff the advisory board.

(b) The department may record and keep records of comments provided by the advisory board to the department or the contractor selected under section 4 of this chapter.

As added by P.L.105-2024, SEC.6.

IC 36-9-27.4Chapter 27.4. Removal of Obstructions in Mutual Drains and Natural Surface Watercourses

36-9-27.4-1"Drain" defined 36-9-27.4-2"Drainage board" defined 36-9-27.4-3"Natural surface watercourse" defined 36-9-27.4-4"Obstruction" defined 36-9-27.4-5"Owner" defined 36-9-27.4-6"Person" defined 36-9-27.4-7"Respondent" defined 36-9-27.4-8"Tract" defined 36-9-27.4-9Petition for removal of obstruction 36-9-27.4-10Required contents of petition 36-9-27.4-11Filing fee 36-9-27.4-12Investigation by county surveyor; duties of drainage board after receiving report of obstruction 36-9-27.4-13Postponement and rescheduling of hearing 36-9-27.4-14Findings of board 36-9-27.4-15Drainage board determining whether obstruction created intentionally 36-9-27.4-16Duty of board upon finding of intentional obstruction 36-9-27.4-17Duty of board upon finding of unintentional obstruction 36-9-27.4-18Additional duties of board; natural surface watercourses 36-9-27.4-19Additional duties of board; drains 36-9-27.4-20Landowners jointly and severally responsible for costs of obstruction removal 36-9-27.4-21Order authorizing advance on general drain improvement fund for payment of obstruction removal expenses 36-9-27.4-22Recovery of unpaid amounts or expenses 36-9-27.4-23Judicial review 36-9-27.4-24Remedies 36-9-27.4-25Right of entry onto land

IC 36-9-27.4-1"Drain" defined Sec. 1. As used in this chapter, "drain" refers to a mutual drain (as defined in IC 36-9-27-2).

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-2"Drainage board" defined Sec. 2. As used in this chapter, "drainage board" means the following:

(1) Except as provided in subdivision (2):

(A) the county board of commissioners, as provided in IC 36-9-27-5(a)(1); or

(B) the drainage board appointed by the board of commissioners under IC 36-9-27-5(a)(2).

(2) In a county having a consolidated city, the board of public works of the consolidated city, as provided in IC 36-9-27-5(c).

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.40-2026, SEC.23.

IC 36-9-27.4-3"Natural surface watercourse" defined Sec. 3. As used in this chapter, "natural surface watercourse" means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.17.

IC 36-9-27.4-4"Obstruction" defined Sec. 4. (a) As used in this chapter, "obstruction" means a condition that:

(1) exists within or near a drain; and

(2) prevents or significantly impedes the flow of water through the drain.

(b) The term includes the following:

(1) The presence of:

(A) one (1) or more objects inside or near a drain;

(B) a quantity of materials inside or near a drain; or

(C) damage to a drain;

that prevents or significantly impedes the flow of water through the drain.

(2) Obstructions that:

(A) are created intentionally; and

(B) occur naturally or are created unintentionally.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-5"Owner" defined Sec. 5. As used in this chapter, "owner" means a person who holds a possessory legal interest in land.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-6"Person" defined Sec. 6. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or any other legal entity.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-7"Respondent" defined Sec. 7. As used in this chapter, "respondent" means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-8"Tract" defined Sec. 8. As used in this chapter, "tract" means an area of land that is:

(1) under common fee simple ownership;

(2) contained within a continuous border; and

(3) a separately identified parcel for property tax purposes.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-9Petition for removal of obstruction Sec. 9. If:

(1) a person who owns a tract of land seeks the removal of an obstruction from a drain or natural surface watercourse located outside the person's tract in order to promote better drainage of the person's tract; and

(2) the owner of the land on which the obstruction is located, upon request, does not remove the obstruction;

the person seeking the removal of the obstruction may file a petition under this chapter asking the drainage board in the county in which the obstruction is located to remove, or authorize or order the removal of, the obstruction under this chapter.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-10Required contents of petition Sec. 10. A petition filed by a person described in section 9(1) of this chapter must include the following:

(1) A general description of the tract of land owned by the petitioner.

(2) A general explanation of the need for the removal of the obstruction.

(3) A general description of the site of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-11Filing fee Sec. 11. The drainage board may require, as a condition of filing a petition under this chapter, the payment of a filing fee. The drainage board may not set the filing fee at an amount greater than is reasonably necessary to defray the expenses incurred by the board in processing a petition.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-12Investigation by county surveyor; duties of drainage board after receiving report of obstruction Sec. 12. (a) If a petition filed under this chapter alleges the obstruction of:

(1) a drain; or

(2) a natural surface watercourse;

the county surveyor of the county in which the obstruction is alleged to exist shall promptly investigate whether the obstruction exists.

(b) If the county surveyor, upon investigation, finds an existing obstruction in a drain or natural surface watercourse in the location alleged in the petition, the county surveyor shall report the existence of the obstruction to the drainage board.

(c) Upon receiving a report from the county surveyor under subsection (b), the drainage board shall:

(1) set a date for a hearing on the petition; and

(2) serve notice of the hearing on each owner of the land on which the obstruction exists who can be identified in the records of the county recorder.

(d) The hearing must be held at least thirty (30) days but less than ninety (90) days after the date of the filing of the petition.

(e) Notice of a hearing must be mailed to each respondent with return receipt requested.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.18.

IC 36-9-27.4-13Postponement and rescheduling of hearing Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if:

(1) it appears that a respondent has not been served with notice; or

(2) the interests of fairness otherwise compel a postponement.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-14Findings of board Sec. 14. (a) If, after a hearing held under this chapter, the drainage board finds that:

(1) the obstruction of a drain or a natural surface watercourse that is alleged in the petition exists; and

(2) the removal of the obstruction will:

(A) promote better drainage of the petitioner's land; and

(B) not cause unreasonable damage to the land of the respondents;

the drainage board shall find for the petitioner.

(b) If, after a hearing held under this chapter, the drainage board is unable to make the findings described in subsection (a), the drainage board shall deny the petition.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-15Drainage board determining whether obstruction created intentionally Sec. 15. If the drainage board finds for the petitioner under section 14(a) of this chapter, the board shall determine, based upon a preponderance of the evidence, whether the obstruction of the drain or natural surface watercourse was created intentionally by any of the respondents.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-16Duty of board upon finding of intentional obstruction Sec. 16. (a) If the drainage board finds:

(1) for the petitioner under section 14(a) of this chapter; and

(2) under section 15 of this chapter that the obstruction of the drain or natural surface watercourse was created intentionally by at least one (1) of the respondents;

the drainage board shall enter an order directing the respondents to remove the obstruction at their own expense, or directing the county surveyor to remove the obstruction at the expense of the respondents.

(b) A respondent against whom an order is entered under subsection (a) is subject to an action under section 22 of this chapter if the respondent fails to pay the amount for which the respondent is responsible under the order.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-17Duty of board upon finding of unintentional obstruction Sec. 17. If the drainage board:

(1) finds for the petitioner under section 14(a) of this chapter; and

(2) does not find under section 15 of this chapter that the obstruction of the drain or a natural surface watercourse was created intentionally by any of the respondents;

the drainage board shall enter an order under section 18 or 19 of this chapter concerning the removal of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-18Additional duties of board; natural surface watercourses Sec. 18. (a) If:

(1) a petition filed under this chapter concerns a natural surface watercourse; and

(2) the drainage board:

(A) finds for the petitioner under section 14(a) of this chapter; and

(B) does not find under section 15 of this chapter that the obstruction of the natural surface watercourse was created intentionally by any of the respondents;

the drainage board shall enter an order under subsection (b).

(b) Upon a determination made under subsection (a), the drainage board shall enter an order:

(1) authorizing the petitioner to remove the obstruction; or

(2) directing the county surveyor to remove the obstruction at the expense of the petitioner.

(c) The drainage board shall consult with the:

(1) petitioner;

(2) respondents; and

(3) county surveyor;

before deciding whether to enter an order under subsection (b)(1) or (b)(2).

(d) If the drainage board enters an order under subsection (b), the order may require the petitioner to bear the expenses of removing the obstruction, including the monetary value of the harm and inconvenience that the respondents will incur as a result of the removal of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-19Additional duties of board; drains Sec. 19. (a) If:

(1) a petition filed under this chapter concerns a drain; and

(2) the drainage board:

(A) finds for the petitioner under section 14(a) of this chapter; but

(B) does not find under section 15 of this chapter that the obstruction of the drain was created intentionally by any of the respondents;

the drainage board shall enter an order under subsection (b).

(b) Upon a determination made under subsection (a), the drainage board shall enter an order:

(1) authorizing the petitioner to remove the obstruction;

(2) authorizing the respondents to remove the obstruction;

(3) directing the county surveyor to remove the obstruction; or

(4) directing that the obstruction be removed through the joint efforts of at least two (2) of the persons referred to in this subsection.

(c) If an order is issued under subsection (b), the costs of removing the obstruction must be borne by the owners of all the tracts of land that are benefited by the drain. The order of the board must do the following:

(1) Identify all tracts of land that are benefited by the drain.

(2) Identify the owners of the tracts of land referred to in subdivision (1):

(A) who are known to the drainage board; or

(B) whose identity can be determined through the records of the county auditor.

(3) Apportion the costs of removing the obstruction among the tracts of land that are benefited by the drain, assigning to each tract a certain percentage of the total costs.

(4) Order the owners of each tract of land referred to in subdivision (1) to pay an amount equal to the product of the total costs of removing the obstruction multiplied by the percentage assigned to the tract under subdivision (3).

(d) The percentage of the total costs assigned to a tract under subsection (c)(3) must correspond to the ratio of the total length of the drain to the length of the particular segment of the drain that benefits the tract.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.19.

IC 36-9-27.4-20Landowners jointly and severally responsible for costs of obstruction removal Sec. 20. (a) All the owners of a tract that is the subject of an order issued under section 19 of this chapter are jointly and severally responsible for the payment of the amount determined under section 19(c)(4) of this chapter.

(b) An owner of a tract who pays all of or a portion of the amount may bring an action to obtain contribution from an owner of the tract who did not pay an equal or a greater portion of the amount.

(c) An owner of a tract that is the subject of an order issued under section 19 of this chapter is subject to an action under section 22 of this chapter if the owner fails to pay the amount for which the owner is responsible under the order.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-21Order authorizing advance on general drain improvement fund for payment of obstruction removal expenses Sec. 21. In entering an order concerning the removal of an obstruction under this chapter, a drainage board may:

(1) provide for the costs of the removal work to be paid directly by one (1) or more of the persons subject to the order; or

(2) authorize an advance on the general drain improvement fund established in the county under IC 36-9-27-73 for the payment of the costs of the removal work and provide for the amount advanced to be reimbursed by one (1) or more of the persons subject to the order.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-22Recovery of unpaid amounts or expenses Sec. 22. (a) If a person who is required by an order of a drainage board under this chapter to pay an amount or bear an expense does not comply with the requirement, the amount for which the person is responsible may be recovered by:

(1) the drainage board, as custodian of the general drain improvement fund, if the amount was advanced from the general drain improvement fund; or

(2) another person subject to the order who has paid the amount and is entitled to reimbursement.

(b) An amount may be recovered from a person under subsection (a) through an action in a court having jurisdiction in the same manner that a creditor may recover an amount owed under a contract. In an action brought under this subsection, the plaintiff may also be awarded costs and reasonable attorney's fees.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-23Judicial review Sec. 23. (a) If the drainage board finds for a petitioner after a hearing held under this chapter, a respondent may file an action in the circuit or superior court of the county in which the alleged obstruction exists seeking to have the order entered by the drainage board vacated.

(b) An action filed under subsection (a) must be based on at least one (1) of the following assertions by the respondent:

(1) The drainage board lacked authority to act under this chapter.

(2) The drainage board erred in making the findings described in section 14(a) of this chapter.

(3) The respondent should have been awarded compensation for harm and inconvenience, or the amount awarded to the respondent for harm and inconvenience is insufficient.

(4) The drainage board did not follow the procedure required by this chapter.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-24Remedies Sec. 24. (a) In an action filed under section 23 of this chapter, the court:

(1) shall enter an order vacating the order of the drainage board directing the county surveyor to remove the obstruction; and

(2) may issue an injunction against the removal of the obstruction;

if the court makes a finding under subsection (b).

(b) The court is required or authorized to act under subsection (a) if the court finds that the drainage board:

(1) was clearly in error in making its findings under section 14(a) of this chapter with respect to the alleged obstruction; or

(2) exceeded its authority or discretion under the law in authorizing the removal of the obstruction.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.4-25Right of entry onto land Sec. 25. (a) For the purposes of this chapter:

(1) a county surveyor;

(2) a member of a drainage board; or

(3) an authorized representative of a county surveyor or drainage board;

has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter.

(b) The right of entry granted by this section is limited to the land lying within seventy-five (75) feet of the drain or natural surface watercourse. The seventy-five (75) feet must be measured at right angles to:

(1) the center line of any tiled drain; and

(2) the top edge of each bank of an open drain; and

(3) the edge of any natural surface watercourse;

as determined by the county surveyor.

(c) A person exercising a right of entry under this section shall, to the extent possible, use due care to avoid damage to:

(1) crops, fences, buildings, and other structures located outside the right-of-way; and

(2) crops and approved structures located inside the right-of-way.

(d) Before exercising a right of entry under this section, an individual must give oral or written notice of the entry on the land to the property owner of record. The notice must state the purpose for the entry.

(e) A right of entry under this section is not criminal trespass under IC 35-43-2-2, and an individual exercising a right of entry under this section may not be arrested or prosecuted for criminal trespass under IC 35-43-2-2.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.

IC 36-9-27.8Chapter 27.8. Subdivision Drain Repair Pilot Program

36-9-27.8-1"Executive" 36-9-27.8-2"Fiscal officer" 36-9-27.8-3"Governing documents" 36-9-27.8-4"Homeowners association" 36-9-27.8-5"Subdivision" 36-9-27.8-6"Subdivision drain" 36-9-27.8-7"Unit" 36-9-27.8-8Application of chapter 36-9-27.8-9Application regardless of whether homeowners association law applies to subdivision 36-9-27.8-10Authority to enter into contract; requirements 36-9-27.8-11Mandatory contract provisions 36-9-27.8-12Right of entry to perform drain repair work 36-9-27.8-13Workers not trespassing 36-9-27.8-14Recording of contract 36-9-27.8-15Duties of fiscal officer 36-9-27.8-16Assessments; amount and collection 36-9-27.8-17If balance in account is insufficient 36-9-27.8-18Unpaid assessments constitute lien 36-9-27.8-19Attachment of lien to real estate; notice of lien 36-9-27.8-20Liability of grantee; acquirer of title after mortgage foreclosure not liable 36-9-27.8-21Enforcement of assessments 36-9-27.8-22Expiration of authority to enter into contracts

IC 36-9-27.8-1"Executive" Sec. 1. As used in this chapter, "executive" means:

(1) the board of county commissioners, in the case of Johnson County; or

(2) the mayor, in the case of a consolidated city.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-2"Fiscal officer" Sec. 2. As used in this chapter "fiscal officer" means:

(1) the county auditor, in the case of Johnson County; or

(2) the controller, in the case of a consolidated city.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-3"Governing documents" Sec. 3. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-4"Homeowners association" Sec. 4. As used in this chapter, "homeowners association" has the meaning set forth in IC 32-25.5-2-4.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-5"Subdivision" Sec. 5. As used in this chapter, "subdivision" has the meaning set forth in IC 32-25.5-2-5.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-6"Subdivision drain" Sec. 6. As used in this chapter, "subdivision drain" means a system that:

(1) consists of:

(A) underground pipes; and

(B) one (1) or more inlets;

(2) may also include one (1) or more streams, swales, ditches, natural drains, catch basins, and other components;

(3) is designed to drain excess water from impervious surfaces like paved streets and parking areas;

(4) is located in a subdivision; and

(5) has not been dedicated to public use and accepted by the county or any other political subdivision in which the system is located.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-7"Unit" Sec. 7. As used in this chapter, "unit" means:

(1) Johnson County; or

(2) the consolidated city in Marion County.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-8Application of chapter Sec. 8. This chapter applies to the following:

(1) A subdivision located in an unincorporated area of Johnson County.

(2) A subdivision located within a consolidated city. This chapter does not apply to a subdivision located within the boundaries of an excluded city (as defined in IC 36-3-1-7).

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-9Application regardless of whether homeowners association law applies to subdivision Sec. 9. This chapter applies to a subdivision regardless of whether IC 32-25.5 applies to the subdivision in its entirety under IC 32-25.5-1-1(a).

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-10Authority to enter into contract; requirements Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied:

(1) The contract must be executed not later than June 30, 2021.

(2) Each member of the homeowners association must be provided with a copy of the proposed contract through one (1) of the following:

(A) Physical delivery of a printed copy.

(B) Delivery by electronic mail of an electronic copy.

(C) Notification by electronic mail or other means that an electronic copy can be viewed on or downloaded from the Internet web site of the homeowners association.

(3) The proposed contract:

(A) must be approved by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents; or

(B) must be approved by a majority of the members of the homeowners association through alternative means, such as voting by electronic mail, that are allowed under the homeowners association's governing documents.

(b) For purposes of subsection (a)(3)(A), a member of a homeowners association is considered to be in attendance at a meeting if the member attends:

(1) in person;

(2) by proxy; or

(3) by any other means allowed under:

(A) state law; or

(B) the governing documents of the homeowners association.

(c) IC 32-25.5-3-4 does not apply to the approval of a contract under this section.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-11Mandatory contract provisions Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following:

(1) Authorize the unit to repair subdivision drains located in the subdivision either:

(A) through the work of employees of the unit; or

(B) by contracting for the repair work to be performed by a third party.

(2) Authorize the unit to impose assessments on owners of property in the subdivision to:

(A) recover the cost of repairing subdivision drains in the subdivision; and

(B) accumulate funds to defray the cost of future projects to repair subdivision drains in the subdivision.

(3) Authorize:

(A) employees of:

(i) the unit; or

(ii) a contractor of the unit; and

(B) the county surveyor or the county surveyor's employees;

to enter upon property that is located in the subdivision and is owned by a member of the homeowners association of the subdivision for the purpose of repairing subdivision drains located on the property.

(4) Authorize the unit to determine the order in which subdivision drains will be repaired by the unit.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-12Right of entry to perform drain repair work Sec. 12. (a) A person authorized under section 11(3) of this chapter that is engaged in subdivision drain repair in performance of a contract under this chapter may enter upon, over, or under land, water, or property within a subdivision to perform the subdivision drain repair work.

(b) Except as provided in subsection (c), before a person authorized under section 11(3) of this chapter may enter property within the subdivision, the record owner of the property shall be notified in writing by registered or certified mail not later than twenty (20) days before the date of entry. The person shall present written identification or authorization to the occupant of the property before entering the property.

(c) If the owner of the property consents in writing to the entry, notice is not required under subsection (b).

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-13Workers not trespassing Sec. 13. While performing work under a contract entered into under this chapter, persons authorized under section 11(3) of this chapter are not considered trespassers and are liable only for the actual damages they cause to property.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-14Recording of contract Sec. 14. Not later than ten (10) business days after the date a contract is executed under this chapter, the executive shall record the contract with the county recorder.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-15Duties of fiscal officer Sec. 15. (a) The fiscal officer shall:

(1) establish a subdivision drain repair fund; and

(2) create a separate account within the fund for each subdivision with which the executive enters into a contract under this chapter.

(b) The fund established under subsection (a) shall be administered by the fiscal officer. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a fiscal year does not revert to the unit's general fund.

(c) The fiscal officer shall deposit assessments imposed on owners of property in a subdivision into the account created under subsection (a)(2) for that subdivision unless the assessments are immediately needed to pay the cost of repairing subdivision drains in that subdivision.

(d) The fiscal officer may withdraw money from the account of a subdivision as needed to pay the cost of repairing subdivision drains in that subdivision.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-16Assessments; amount and collection Sec. 16. Assessments imposed on the owners of property in a subdivision under section 11(2) of this chapter:

(1) shall be set by the executive or the executive's designee at an amount not greater than is necessary to meet the cost of repairs needed at the time the contract is entered into with respect to subdivision drains located on property in the subdivision; and

(2) may be collected by the fiscal officer through a charge appearing on the semiannual property tax statement of the affected property owner.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-17If balance in account is insufficient Sec. 17. If the balance in the account created for a subdivision under section 15(a)(2) of this chapter is insufficient to pay the cost of repairing a subdivision drain in the subdivision, the unit may:

(1) pay the expenses of the repair initially from:

(A) the county general fund, in the case of Johnson County; or

(B) the stormwater fund, in the case of a consolidated city; and

(2) later deposit in the fund from which the expenses were paid under subdivision (1), from funds obtained through assessments imposed under this chapter on owners of property in the subdivision in which the subdivision drain is located, an amount equal to the amount paid under subdivision (1).

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-18Unpaid assessments constitute lien Sec. 18. (a) All assessments that are imposed on an owner of property in a subdivision under this chapter but are unpaid constitute a subdivision drain repair lien on the property as provided in section 19 of this chapter.

(b) The priority of a subdivision drain repair lien is established on the date on which the notice of the lien is recorded under section 19 of this chapter.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-19Attachment of lien to real estate; notice of lien Sec. 19. (a) A subdivision drain repair lien under this chapter attaches to real estate upon the recording of a notice of lien by the fiscal officer in the office of the recorder of the county in which the real estate is located.

(b) A notice of lien may not be recorded under this section unless the notice of lien:

(1) contains:

(A) the address and legal description of the property that is subject to the lien;

(B) the name of the property owner who is subject to the lien; and

(C) the amount of the lien; and

(2) is:

(A) signed by the fiscal officer and

(B) acknowledged as in the case of deeds.

(c) A subdivision drain repair lien attaches on the date of the recording of the notice of the lien under this section and does not relate back to the date of the subdivision drain repairs for which the assessments were imposed on the property owner.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-20Liability of grantee; acquirer of title after mortgage foreclosure not liable Sec. 20. (a) In the case of a voluntary conveyance of property in a subdivision, the grantee of the property is jointly and severally liable with the grantor for all unpaid subdivision drain repair assessments that were imposed on the grantor under this chapter before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of the subdivision drain repair assessments paid by the grantee.

(b) If the mortgagee of a first mortgage of record or another purchaser obtains title to a property in a subdivision as a result of foreclosure of the first mortgage, the acquirer of title or the acquirer's successors and assigns are not liable for the share of the subdivision drain repair assessments that are chargeable to the property and that became due before the acquirer acquired title to the property, and any subdivision drain repair lien on the property relating to the share of the subdivision drain repair assessment that became due before the mortgagee or other purchaser acquired title to the property shall be released.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-21Enforcement of assessments Sec. 21. Subdivision drain repair assessments imposed under this chapter may be enforced and collected as special assessments under IC 6-1.1-22 and IC 6-1.1-24 and under IC 6-1.1-25.

As added by P.L.139-2018, SEC.2.

IC 36-9-27.8-22Expiration of authority to enter into contracts Sec. 22. The executive may not enter into a contract under this chapter with a homeowners association of a subdivision after June 30, 2021. The rights and obligations of a contract executed under this chapter before July 1, 2021, are not affected after June 30, 2021, and do not impair a unit's ability to enforce liens and collect subdivision drain repair assessments authorized under this chapter for work performed under a contract.

As added by P.L.139-2018, SEC.2.

IC 36-9-28Chapter 28. Certain Watercourse, Levee, Sewer, and Drain Improvements

36-9-28-1Application of chapter 36-9-28-2Order to construct or improve; issuance; drawings and specifications for project 36-9-28-3Order to construct or improve; considerations; filing of record of proceedings 36-9-28-4Notice of hearing; answer; judgment 36-9-28-5Control and supervision of work; letting of contract; reporting; filing 36-9-28-6Board of assessors; duties; appeals from assessments; hearings; roll of property owners; corrections; actions to contest; costs 36-9-28-7Application of other assessment statutes 36-9-28-8Acquisition of real or personal property required for project; condemnation; purchase 36-9-28-9Bonds; issuance; payments; financing agreement; public sale 36-9-28-10Completion and acceptance of project; certification; benefits assessed 36-9-28-11Board of directors; duties; petition for appointment; notice of hearing; appearance; judgment 36-9-28-12Board of directors; qualifications; terms; vacancy 36-9-28-13Board of directors; compensation 36-9-28-14Board of directors; employment of assistants; compensation 36-9-28-15Board of directors; necessary repairs; record of proceedings and of costs and expenses of repairs 36-9-28-16Assessments; considerations; quotient; negligence of owner or occupant of land; assessment date; certification of assessment; lien 36-9-28-17Bonds; issuance when cost of maintaining project exceeds amount that can be raised 36-9-28-18Standing water; removal; costs