Sec. 34. (a) The county surveyor shall classify all regulated drains in the county as:

(1) drains in need of reconstruction;

(2) drains in need of periodic maintenance; or

(3) drains that should be vacated.

The surveyor shall also consider the designation of urban drains under section 67 of this chapter.

(b) A regulated drain is in need of reconstruction when:

(1) it will not perform the function for which it was designed and constructed;

(2) it no longer conforms to the maps, profiles, and plans prepared at the time when the legal drain was established; or

(3) topographical or other changes have made the drain inadequate to properly drain the lands affected without extensive repairs or changes, including:

(A) converting all or part of an open drain to a tiled drain or a tiled drain to an open drain;

(B) adding an open drain to a tiled drain or a tiled drain to an open drain;

(C) increasing the size of the tile;

(D) deepening or widening an open drain;

(E) extending the length of a drain;

(F) changing the course of a drain;

(G) constructing drainage detention basins and drainage control dams;

(H) providing for erosion control and for grade stabilization structures; or

(I) making any major change to a drainage system that would be of public utility.

(c) A regulated drain is in need of periodic maintenance when, with or without the use of mechanical equipment, it can be made to perform the function for which it was designed and constructed, and to properly drain all affected land under current conditions, by periodically:

(1) cleaning it;

(2) spraying it;

(3) removing obstructions from it; and

(4) making minor repairs to it.

(d) A regulated drain should be vacated when:

(1) the drain does not perform the function for which it was designed and constructed, or it has become inadequate to properly drain all affected land under current conditions;

(2) the expense of reconstruction outweighs the benefits of reconstruction; and

(3) the vacation will not be detrimental to the public welfare.

[Pre-Local Government Recodification Citation: 19-4-1-10 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.6.