LawServer Nav Menu

Indiana Code 36-9-27-2.5. “Dam” defined; certain sections not applicable; designation as regulated drain; jurisdiction

Current as of: 2024 | Check for updates | Other versions
   Sec. 2.5. (a) For the purposes of this chapter, a reference to “drain”, “drainage”, or “ditch” is deemed to include a “dam”. However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 36-9-27-2.5

  • Board: refers to the drainage board of a county. See Indiana Code 36-9-27-2
  • Dam: means a dam or other structure and its appurtenances that impounds a small lake at the lake's outlet. See Indiana Code 36-9-27-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mutual drain: means a drain that:

    Indiana Code 36-9-27-2

  • Owner: refers to the owner of any interest in land. See Indiana Code 36-9-27-2
  • Regulated drain: means an open drain, a tiled drain, or a combination of the two. See Indiana Code 36-9-27-2
     (b) Any owner may petition a board to designate a dam as a regulated drain, and any board may assume jurisdiction over a dam in the same manner that an owner may petition and the board may assume jurisdiction over a mutual drain. A board does not otherwise have jurisdiction over a dam.

     (c) A board may reconstruct or maintain a dam over which the board has assumed jurisdiction, but an agency may not construct a new dam.

As added by P.L.166-1983, SEC.3.

  Previous section
Next section  
 Chapter 27 Contents

Indiana Code 36-9-27.2-5. Indiana Drainage Handbook advisory board

Current as of: 2024 | Check for updates | Other versions
   Sec. 5. (a) The secretary of agriculture and rural development shall appoint an Indiana Drainage Handbook advisory board to:

(1) advise the contractor and the department on the preparation of the updated version of the Indiana Drainage Handbook; and

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 36-9-27.2-5

  • advisory board: refers to the Indiana Drainage Handbook advisory board. See Indiana Code 36-9-27.2-1
  • department: refers to the Indiana state department of agriculture. See Indiana Code 36-9-27.2-2
  • Indiana Drainage Handbook: refers to the publication "Indiana Drainage Handbook: An Administrative and Technical Guide for Activities within Indiana Streams and Ditches" which was prepared by the Christopher B. See Indiana Code 36-9-27.2-3
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) review and comment on:

(A) the structure of; and

(B) the text of drafts of;

the updated version of the Indiana Drainage Handbook.

     (b) The advisory board must include the following:

(1) A representative of the department.

(2) A licensed county surveyor.

(3) A county commissioner.

(4) A representative of a soil and water conservation district.

(5) A licensed engineer.

(6) A representative of the department of natural resources.

(7) A representative of the department of environmental management.

(8) A farmer from northern Indiana.

(9) A farmer from central Indiana.

(10) A farmer from southern Indiana.

(11) A representative of the construction industry.

(12) A representative of the United States Fish and Wildlife Service.

(13) A representative of the United States Army Corps of Engineers.

(14) A representative of the United States Department of Agriculture’s Natural Resources Conservation Service.

(15) An individual focused on environmental stewardship and sustainability.

     (c) The secretary of agriculture and rural development shall appoint one (1) member of the advisory board as chairperson.

     (d) A member of the advisory board serves until:

(1) the updated version of the Indiana Drainage Handbook is published on the website of the department of natural resources or the department; and

(2) the secretary of agriculture and rural development declares that the work of the advisory board is concluded.

     (e) A vacancy on the advisory board shall be filled by appointment by the secretary of agriculture and rural development.

As added by P.L.105-2024, SEC.6.

  Previous section
Next section  
 Chapter 27.2 Contents