Drainage Petitions and Applications

Following are sample documents for the most common petitions and agreements which come before the Whitley County Drainage Board.  The intent is to provide the public with the information that will be required to be provided, and may not apply to a specific situation.  Please check with the office to verify that the forms provided apply to your project or situation.
 
Any petition to place a permanent structure within 75 feet of a county regulated drain requires the consideration of the Whitley County Drainage Board.  This could include, but is not limited to, any building, septic, utility, driveway, road, trees, shrubs, fences, or any other improvement which would not be considered a temporary structure.  A temporary structure would be an improvement that could be readily and rapidly moved in the case of a repair to be made, or would not be jeopardized in the case of a sudden change to the drain, including bank slides or suck-holes.  The Drainage Board, or drainage funds, are not liable, or expended to repair temporary or permanent structures placed with the statutory right-of-way of county regulated drains.
 

Petition for Relocation of Drain - IC 36-9-27-52.5

If a landowner seeks to reconstruct, or relocate, a county regulated drain at his or her own expense, the procedure for doing so is spelled out in the above referenced statute.
 

Petition for Relocation of Drain when Consent of Adjoining Landowner Required

If a landowner seeks to reconstruct, or relocate, a county regulated drain at his or her own expense, and the owner proposes to move the drain to within 75 feet of an adjoining property line, the landowner must get the consent of the adjoining landowner.
 

Petition for Vacation of Legal Drain - IC 36-9-27-37

If a drain no longer performs the function for which it was designed and constructed, or has become inadequate to properly drain all affected land under current conditions, the drain should be vacated.  If a landowner seeks to have a drain vacated, the Drainage Board must hold a public hearing in accordance with IC 36-9-27-37.
 

Petition for Removal of Drainage or Watercourse Obstruction - IC 36-9-27.4

This petition provides for the removal of natural or intentional obstructions to mutual drains or natural surface watercourses.

A mutual drain means a drain that:

(1) is located on two (2) or more tracts of land that are under different ownership; (2) was established by the mutual consent of all the owners; and

(3) was not established under or made subject to any drainage statute.

A natural surface watercourse means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarilty flows in a definable direction and channel.
 

Agreement for Advance Payment for Reconstruction Work

The Drainage Board must consider the funds which are or may be available to reconstruct a drain.  If a landowner wants to have a drain reconstructed, an agreement for advance payment for their portion of the cost can provide relief to the General Drainage Improvement Fund.  The landowner's portion is based on the benefit to their land.  The General Drainage Improvement Fund is a fund established by the county in accordance with IC 36-9-27-73.  It can be used to pay for the reconstruction or maintenance of a drain, but is not an unlimited fund and thus must be managed by the Drainage Board and the County Council.
 

Agreement for Drainage Grant - IC 36-9-27-75

If a landowner, an entity, or agency wishes to advance a drainage improvement project, this can be accomplished by providing a grant, or gift as provided for in IC 36-9-27-75.  The grant, or gift, shall be used to reduce the costs assessed to affected owners.
 

Private Crossings of County Regulated Drain - IC 36-9-27-72(c)

If a landowner wants to place a culvert in an open ditch, the landowner shall provide a plan and specifications for the installation.  The plan and specifications will be reviewed by the County Surveyor or the County Engineer to verify the hydraulic adequacy of the crossing.

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