Indiana § 36-9-27-36 - Long range plan for reconstruction, maintenance, and vacation of drains; requests for advancement

§ 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.

[Pre-Local Government Recodification Citation: 19-4-1-10 part.]

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