First Regular Session 112th General Assembly (2001)


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     SENATE ENROLLED ACT No. 152



     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).


SEA 152 _ Concur

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