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Indiana Code Title 36. Local Government § 36-9-27-69.5

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

Sec. 69.5. (a) As used in this section, “development” does not include utility infrastructure owned, controlled, installed, or constructed by a public or municipally owned utility.

(b) Unless otherwise required by an ordinance of the county, a person who lays out a:

(1) subdivision of lots or lands;  or

(2) commercial, industrial, or other land development;

outside the corporate boundaries of any municipality must submit plans and specifications for the drainage of the subdivision or other development in accordance with this section.  The county drainage board must approve the drainage plan before the person may proceed with the subdivision or other development.

(c) A drainage plan and specifications submitted under subsection (b) to the county drainage board must comply with this chapter.  Except as provided in subsection (d), the plan must comply with the following standards:

(1) The plan must maintain the amount of drainage through the tract that existed when the tract was created.  If any tiles are cut, broken down, or rendered useless during the construction activity on the tract, the landowner is responsible for the repair, replacement, or relocation of the tile.

(2) The plan may not change the locations where surface water enters the tract and exits the tract from the locations that existed when the tract was created.

(3) Water that sheds off of a new structure, especially when the new structure is elevated or near a property line, or both, must exit the tract in the same location where it did when the tract was created.

(d) The county drainage board may approve an alternate plan that does not comply with the standard set forth in subsection (c)(2).

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-9-27-69.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-9-27-69-5/

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