AN ACT to amend the Indiana Code concerning local government.
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).