Indiana § 36-9-28-18 - Standing water; removal; costs

§ 36-9-28-18. Standing water; removal; costs

Sec. 18. The board of directors in charge of a project may pump out or remove from lands drained by a ditch any standing water that has no means of outlet. The board may purchase pumps or adopt other suitable means for the removal of the water, and the costs necessarily incurred on account of any work done under this section shall be assessed against the lands benefited by the removal of the water. The costs shall be paid, assessed against the lands benefited, and collected in the manner prescribed by section 16 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-20-20.]

As added by Acts 1981, P.L.309, SEC.104.

IC 36-9-28.5Chapter 28.5. Management of Stormwater Runoff From Developed Real Property

36-9-28.5-1Application 36-9-28.5-2"Policy" defined 36-9-28.5-3Policy established 36-9-28.5-4Provisions for actual management of stormwater runoff 36-9-28.5-5Geographic scope of policy 36-9-28.5-6Statutory compliance of policy

IC 36-9-28.5-1Application Sec. 1. This chapter applies to counties and municipalities.

As added by P.L.168-1999, SEC.2.

IC 36-9-28.5-2"Policy" defined Sec. 2. As used in this chapter, "policy" refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property.

As added by P.L.168-1999, SEC.2.

IC 36-9-28.5-3Policy established Sec. 3. By January 1, 2001, the legislative body of a unit shall establish a policy of the unit for the management of stormwater runoff from developed real property in the unit. The legislative body may establish the policy by resolution or ordinance.

As added by P.L.168-1999, SEC.2.

IC 36-9-28.5-4Provisions for actual management of stormwater runoff Sec. 4. The policy may, but is not required to, provide for the actual management of stormwater runoff from developed real property.

As added by P.L.168-1999, SEC.2.

IC 36-9-28.5-5Geographic scope of policy Sec. 5. (a) If the unit is a city, the geographic scope of the city's policy must include all territory located within the city.

(b) If the unit is a town, the geographic scope of the town's policy must include all territory located within the town unless the legislative body of the town specifies by resolution that the territory of the town be included in the policy of the county where the town is located.

(c) If the unit is a county, the geographic scope of the county's policy must include:

(1) all territory of the county that is not located within a municipality; and

(2) all territory of a town located in the county that has adopted a resolution under subsection (b).

As added by P.L.168-1999, SEC.2.

IC 36-9-28.5-6Statutory compliance of policy Sec. 6. A policy adopted by a legislative body of a unit under this chapter must comply with IC 36-7-4-702(f).

As added by P.L.172-2025, SEC.5.

IC 36-9-28.7Chapter 28.7. Storm Water Nuisances

36-9-28.7-1"Artificial conveyance" 36-9-28.7-2"Channel" 36-9-28.7-3"Runoff" 36-9-28.7-4"Storm water conveyance system" 36-9-28.7-5"Storm water nuisance" 36-9-28.7-6"Swale" 36-9-28.7-7"Unit of government" 36-9-28.7-8Request to investigate storm water nuisance 36-9-28.7-9Investigation fee; assessment of nuisance; investigation report; limitations

IC 36-9-28.7-1"Artificial conveyance" Sec. 1. (a) As used in this chapter, "artificial conveyance" means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently.

(b) The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, downspouts, roadways, and any other structure using a similar method.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-2"Channel" Sec. 2. As used in this chapter, "channel" means a part of a natural watercourse or artificial conveyance that:

(1) periodically or continuously contains moving water; and

(2) has a defined bed and banks that serve to confine the water.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-3"Runoff" Sec. 3. As used in this chapter, "runoff" means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-4"Storm water conveyance system" Sec. 4. As used in this chapter, "storm water conveyance system" means all methods, natural or manmade, used for conducting storm water to, through, or from a drainage area to any of the following:

(1) Conduits and appurtenant features.

(2) Canals.

(3) Channels.

(4) Ditches.

(5) Storage facilities.

(6) Swales.

(7) Streams.

(8) Culverts.

(9) Roadways.

(10) Pumping stations.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-5"Storm water nuisance" Sec. 5. As used in this chapter, "storm water nuisance" means a condition:

(1) that arises out of or is related to storm water that is transferred through runoff or an artificial conveyance that:

(A) is directed to the property of another person;

(B) discharges storm water at or near the property line of another person; or

(C) accelerates or increases the flow of storm water onto another person's property; and

(2) to which one (1) or both of the following apply:

(A) The condition is injurious to health.

(B) The condition substantially obstructs the free use of property.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-6"Swale" Sec. 6. As used in this chapter, "swale" means an elongated depression in the land surface that:

(1) is at least seasonally wet;

(2) is usually vegetated;

(3) is a conduit for storm water flow; and

(4) conducts storm water into primary drainage channels.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-7"Unit of government" Sec. 7. As used in this chapter, "unit of government" means:

(1) the town council or its designee if the storm water nuisance is located within the boundaries of a town;

(2) the city board of works or its designee if the storm water nuisance is located within the boundaries of a city; or

(3) the county surveyor or its designee if the storm water nuisance is located within the boundaries of an unincorporated part of a county.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-8Request to investigate storm water nuisance Sec. 8. (a) If:

(1) a person who owns a tract of land seeks the removal of a storm water nuisance; and

(2) the owner of the land on which the storm water nuisance is located does not remove the storm water nuisance upon request;

the person seeking the removal may file a request under this chapter asking the unit of government to investigate the storm water nuisance.

(b) The request must be filed on a form published by the unit of government that includes:

(1) a general description of the tract of land owned by the person making the request;

(2) a general description of the site of the nuisance; and

(3) a general explanation of the need for the removal of the nuisance.

As added by P.L.125-2011, SEC.3.

IC 36-9-28.7-9Investigation fee; assessment of nuisance; investigation report; limitations Sec. 9. (a) An ordinance may be adopted to allow for the payment of a fee to the unit of government as a condition of filing a request under this chapter. The fee may not be an amount greater than is reasonably necessary to defray the expenses incurred in processing the request, conducting the investigation, and completing the assessment under this section.

(b) A unit of government shall investigate and make a visual assessment limited to the following:

(1) Determine whether the storm water nuisance exists.

(2) Assess whether the removal of the storm water nuisance will:

(A) remove the negative effect of the storm water nuisance from the land of a person making the request; and

(B) cause unreasonable damage to the land on which the storm water nuisance is located.

(3) Make any other observations that may be useful in solving an alleged storm water nuisance problem.

(c) A unit of government, upon making the assessment under subsection (b), shall provide the following to a person that filed the request under section 8 of this chapter:

(1) An oral or written report that may include:

(A) a general description of the investigation and its findings;

(B) whether the storm water nuisance exists;

(C) the need for the removal of the storm water nuisance;

(D) whether the removal of the storm water nuisance will:

(i) remove the negative effect of the storm water nuisance from the land of a person that filed the request under section 8 of this chapter; and

(ii) cause unreasonable damage to the land on which the storm water nuisance is located; and

(E) any other considerations that may be useful in solving the storm water nuisance.

(2) Information concerning alternative dispute resolution options.

(d) A unit of government is not required to use funds to meet the requirements under this chapter.

(e) Except under subpoena, a unit of government may not be compelled to testify in a legal proceeding related to its functions under this chapter.

(f) For purposes of this chapter, the unit of government has a right of entry as provided by IC 36-9-27.4-25.

(g) An artificial conveyance or runoff that was constructed and that operates in compliance with a permit issued by a political subdivision is not subject to this chapter.

As added by P.L.125-2011, SEC.3.

IC 36-9-29Chapter 29. Flood Control Districts in Certain Cities

36-9-29-1Application of chapter 36-9-29-2Construction or installation of flood control works; construction or elevation of highways and bridges 36-9-29-3Declaratory resolution; adoption; contents 36-9-29-4Petition to establish district; procedure 36-9-29-5Court hearing; objections; judgment; dismissal; interlocutory order on boundaries; continued hearing 36-9-29-6Special benefit district; territory included 36-9-29-7Special taxing district for flood control purposes; special benefit tax 36-9-29-8Board of commissioners; membership; oath; removal and appointment; compensation; meeting; quorum; powers and duties; conflict of interest 36-9-29-9Executive secretary; compensation; bond; duties 36-9-29-10District engineer; duties; compensation 36-9-29-11Attorney; duties; compensation 36-9-29-12Employees; compensation; duties 36-9-29-13Employees; term of employment 36-9-29-14County treasurer; duties 36-9-29-15County auditor; duties 36-9-29-16Federal aid; acceptance; conditions 36-9-29-17Use of territory in connection with construction of flood control works; authorization 36-9-29-18Plans and specifications; preparation, adoption, and filing; objections; hearing; judgment or decree 36-9-29-19Acquisition of property; purchase, contract, or eminent domain 36-9-29-20Contracts; letting procedure 36-9-29-21Federal labor, material, machinery, and equipment; acceptance of offer; additional labor, material, machinery, and equipment 36-9-29-22Loans for preliminary expenses; sale of warrants; advancement of funds 36-9-29-23Bonds; issuance; amount; sale procedure 36-9-29-24Bonds for replacement, enlargement, extension, or construction of additional works; costs exceeding amount available 36-9-29-25Refunding bonds; issuance; payment 36-9-29-26Bonds issued and their interest exempt from taxation 36-9-29-27Validity of bonds issued 36-9-29-28Flood control district construction fund 36-9-29-29Acquisition of property; payment of costs according to terms of purchase or contract; payment of damages in condemnation; title 36-9-29-30Special benefit tax levy to pay for bonds; flood control district bond fund 36-9-29-31Special benefit tax levy to pay for cost of operation, maintenance, and repair of flood control works; presumption; flood control district maintenance fund; temporary loans 36-9-29-32Emergency flood control district fund 36-9-29-33Deposit of funds of flood control district 36-9-29-34Warrants drawn for items approved by board; payments on bonds and interest coupons 36-9-29-35Pending actions for filing further petitions and for making further orders 36-9-29-36Jurisdiction of court 36-9-29-37Supplementary proceedings to cure defects or irregularities; objections 36-9-29-38Required proceedings and notices under this chapter