Reprinted

April 12, 2001





ENGROSSED

SENATE BILL No. 152

_____


DIGEST OF SB 152 (Updated April 11, 2001 3:30 PM - DI 106)



Citations Affected: IC 36-9.

Synopsis: Drainage for developments. Requires a person who lays out a subdivision of lots or lands outside a municipality to obtain the approval of the county drainage board of the plans and specifications for the drainage of the subdivision tract before proceeding with development of the subdivision tract. Specifies the standards that the plan and specifications must comply with. Provides that the county drainage board may approve an alternate plan that does not comply with the standard concerning the entrance and exit of surface water.

Effective: July 1, 2001.





Wheeler, Hume
(HOUSE SPONSORS _ STURTZ, SCHOLER)




    January 8, 2001, read first time and referred to Committee on Governmental and Regulatory Affairs.
    February 1, 2001, amended, reported favorably _ Do Pass.
    February 5, 2001, read second time, amended, ordered engrossed.
    February 6, 2001, engrossed. Read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    February 26, 2001, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    March 27, 2001, reported _ Do Pass.
    April 11, 2001, read second time, amended, ordered engrossed.







Reprinted

April 12, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 152



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 36-9-27-69.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 69.5. (a) Unless otherwise required by an ordinance of the county, a person who lays out a subdivision of lots or lands outside the corporate boundaries of any municipality must submit plans and specifications for the drainage of the subdivision in accordance with this section. The county drainage board must approve the drainage plan before the person may proceed with development of the subdivision.
    (b) A drainage plan and specifications submitted under subsection (a) to the county drainage board must comply with this chapter.
Except as provided in subsection (c), 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 will be

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