CHAPTER
5
DRAINAGE
BOARD OF VIGO COUNTY
1 5.1
The Vigo County Drainage Board
There is established a drainage board, which shall act in the name of "The Vigo County Drainage Board" (IC 36-9-27-4).
1 5.2
Definitions
Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
AFFECTED LAND. Means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain.
BOARD. Refers to the drainage board of a county.
CROSSING. Means a drainage structure that passes over, under, or through a location used for the passage of people, livestock, or vehicles.
MUTUAL DRAIN. Means a drain that: (a) is located on two (2) or more tracts of land that are under different ownership; (b) was established by the
mutual consent of all the owners; and (c) was not established under or made
subject to any drainage statute.
OPEN DRAIN. Means a natural or artificial open channel that: (a) carries surplus water; and (b) was established under or made subject to any drainage statute.
OWNER. Refers to the owner of any interest in land.
PRIVATE DRAIN. Means a drain that: (a) is located on land owned by one (1) person or by two (2) or more persons jointly; and (b) was not established under or made subject to any drainage statute.
REGULATED DRAIN. Means an open drain, a tiled drain, or a combination of the two.
RURAL DRAIN. Means a regulated drain that provides adequate drainage for rural land.
RURAL LAND. Means affected land that: (a) will- not appreciably benefit from more drainage than is necessary to expediently remove water after frequent or periodic flooding; and (b) is generally used for crop production, pasture,
forest, or similar purposes.
TILED DRAIN. Means a tiled channel that: (a) carries surplus water; and (b) was established under or made subject to any drainage statute.
URBAN LAND. Means affected land that: (a) will appreciably benefit from drainage that will provide the maximum practicable protection against flooding; and (b) is used or will in the reasonably foreseeable future be used generally for commercial, industrial, large estate, higher density residential, or similar purposes.
WATERSHED. Means an area of land from which all runoff water drains to a given point.
1 5.3
Composition
The Vigo County Drainage Board consists of the county executive. (1C 36-9-27--5)
1 5.4
Special Members; Appointment; Powers And Duties; Compensation
1 5.4-a When the membership of the board is reduced to less than three (3) because of disqualifications, the board shall immediately certify that fact to the circuit court of the county. The court shall then restore the membership of the board to three (3) by appointing the appropriate number of resident freeholders of the county to serve as special members for the particular drainage proceedings.
1 5.4-b A special member of the board has the same duties and powers as a regular member of the board, and is entitled to a per diem, to be paid as an expense of the board, in an amount not to exceed the sum of thirty-five dollars ($35) for each day or major part of a day spent in actual attendance at any meeting of the board or in the performance of official business of the board. (1C 36-9-27-G)
1 5.5
Officers; Meetings; Quorum; Approval Of Actions
1 5.5-a The board shall organize at a meeting each January, by electing
one (1) of its members as chairman and one (1) of its members as vice chairman. At the same time, the board shall elect a secretary, who need not be a member of the board.
1 5.5-b The county surveyor may not hold an office on the board.
1 5.5-c The board shall meet quarterly on the first Monday of each month at 4:01 P.M. is the Commissioner's Office, County Office Building.
1 5.5-d Special meetings of the board may be called by the chairman, any two (2) members, or the county surveyor, by mailing a written notice setting forth the time, date, and place of the meeting to each member not less than five (5) days before the date of the meeting. A member may waive the mailing of notice of a special meeting by filing a written waiver with the secretary or by his presence at the meeting.
1 5.5-e Meetings of the board may be adjourned from day to day or to a day certain without written notice being given.
1 5.5-f All meetings of the board must be open to the public, and the minutes of the meetings are open to public inspection.
1 5.5-g A majority of the voting members of the board constitutes a quorum, and the concurrence of a majority of the voting member present at a meeting is necessary to authorize any action under this chapter. (1C 36-9-27-7)
1 5.6
Power To Sue
The board may bring civil actions in its own name to enforce any of the provisions of this chapter. (IC 36-9--27-8)
1 5.7
Conflicts Of Interest
Whenever it appears, in any proceeding for the construction, reconstruction, or maintenance of a regulated drain, that a member of the board has an interest in the proceedings because of his ownership of real property affected by the drain, that member shall immediately disqualify himself from serving on the board in those proceedings. However, the fact that county highways will be affected by any proceedings does not disqualify a regular member of the board. (IC 369-27-12)
1 5.8
Jurisdiction Over Regulated Drains
Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter. (IC 36-9--27-15)
1 5.9
Private And Mutual Drains Exempt From Chapter
Private and mutual drains are not subject to this chapter. However, land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain. (IC 36-9-27-16)