Indiana § 36-9-27-72 - Private crossings, control dams, or other permanent structures; removal, replacement, and maintenance
Full text of Indiana Indiana Code § 36-9-27-72 — Private crossings, control dams, or other permanent structures; removal, replacement, and maintenance, with citation guidance and answers to common questions.
§ 36-9-27-72. Private crossings, control dams, or other permanent structures; removal, replacement, and maintenance
Sec. 72. (a) When, in the reconstruction or periodic maintenance of a regulated drain, the county surveyor determines that a private crossing will not adequately handle the flow of water from the drain or will be endangered by such flow, the county surveyor shall in the county surveyor's plans call for the removal of the crossing.
(b) The replacement of a private crossing, when necessary, may be accomplished as a part of the work of the reconstruction or maintenance. The estimate by the county surveyor of the cost for the replacement shall be assessed against the land that would otherwise be deprived of ingress and egress. However, when a private crossing has been lawfully established and maintained, the board may assess any part of the cost of its replacement against all affected lands.
(c) A private crossing, control dam, or other permanent structure may not be placed over or through an open drain unless the plans and specifications for the structure are first approved by the county surveyor. The county surveyor shall disapprove the plans and specifications if they do not show that the structure will meet hydraulic requirements that will permit the drain to function properly.
(d) All maintenance of a private crossing or of a private structure within the drain, whether privately constructed or constructed as a part of work on a drain under this chapter, is the responsibility of the owners of land served by the private crossing or structure. The owners are directly responsible for any obstruction or damage to the drain that results from the existence of the private crossing or structure, notwithstanding any other provisions of this chapter.
[Pre-Local Government Recodification Citation: 19-4-6-6 part.]
As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.276-2001, SEC.16; P.L.127-2017, SEC.358.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-9-27-72
What does Indiana Code § 36-9-27-72 cover?
Section 36-9-27-72 ("Private crossings, control dams, or other permanent structures; removal, replacement, and maintenance") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-9-27-72?
A common citation format is "Indiana Code § 36-9-27-72" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-9-27-72 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.