DRAINAGE BOARD

Petitions/Easement

 

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To obtain any Petition or Easement, you need to speak with the Wells County Surveyor (260)824-6414

DRAINAGE CODE

CAUSE

FILING FEE

PETITION

EASEMENT

BOARD APPROVAL

36-9-27-54

 

gives landowners the ability to petition to Create New Drains by 10% of the affected landowners in the drainage watershed.

NO

YES

 YES

36-9-27-52

gives all landowners the ability to petition to Reconstruct Drains by 10% of the affected landowners in the drainage watershed

NO

YES

YES 

36-9-37-18

gives all affected landowners the ability to petition for a Mutual Drain be a Regulated Drain.

NO

YES

YES 

36-9-27-19

gives one affected landowner the ability to petition for a Mutual Drain be a Regulated Drain.

NO

YES

YES

36-9-27-37

gives landowners the ability to petition for a Regulated Drain be Vacated by all landowners involved. 

NO

YES

 YES

36-9-27.4

gives landowners the ability to petition for a "Remove Obstruction in a Mutual Drain or in Natural Surface Water Course".

$750.00

YES

YES 

36-9-28.7

gives landowners the ability to file a request asking the unit of governemnet to invesigate the storm water nuisance.

$50.00

NO

NO 

36-9-27-33

provides landowners premission to place a permnant structure in the 75 foot drainage easement.

NO

NO

YES 

 

Drainage Law Indiana Code 36-9-27

Typical Petition Process

 1. Landowner needs to speak to the County Surveyor before any petitions are filed. 

                   (not all projects require a petition)

 2. Petition is given to get signatures, The Wells County Drainage Board recommends

    at least 50% of signatures on the Petition

 3. Drainage Board will set up a time and place for a hearing

 4. After Petition is filed with the County Surveyor, Surveyor will investigate and

    file a written report with the Drainage Board

 5. Engineer will draw up plans with most benefit, the best and cheapest cost

 6. Notice of Hearing to inform all affected landowners
 7. Hearing informs public of plans, project details, cost and landowners testimony

 8. If approved by Drainage Board, Judicial Review period, then approval conclusive

 9 . If not approved by Drainage Board, revisions can be made