Skip to main content
Find a Lawyer

Indiana Code Title 36. Local Government § 36-9-22.5-6

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 6. (a) This section applies if the owner of a lot, parcel of real property, or building seeks to install (or to cause to be installed) a water service line or other infrastructure for the delivery of water utility service to the owner's lot, parcel of real property, or building:

(1) in or through a public right-of-way owned or controlled by a unit;  and

(2) for the purpose of connecting the owner's lot, parcel of real property, or building to a waterworks that is owned or operated by a water utility other than a water utility owned or operated by the unit;

regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.

(b) An owner may not install a water service line or other infrastructure as described in subsection (a) unless:

(1) the water utility that owns or operates the waterworks executes a service agreement with the owner of the lot, parcel, or building;

(2) the water service line or other infrastructure does not extend outside the regulated territory, if any, in which the property is located;  and

(3) the owner obtains all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the water service line or other infrastructure.

(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department.  A unit may not prohibit the installation of a water service line or other infrastructure as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:

(1) The lot, parcel of real property, or building that the property owner seeks to connect to a waterworks is served by a private water well.

(2) The property owner submits before the installation of the water service line or other infrastructure, and not later than the date of application for all necessary construction or other permits required for the project, a signed statement agreeing to do the following:

(A) Abandon and plug the property owner's existing well in accordance with IC 25-39-2-14 and rules adopted under IC 25-39.

(B) Restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the waterworks to which the property is to be connected, or by some other party.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-9-22.5-6 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-9-22-5-6/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard