The following definitions shall apply in this chapter:
BOARD OF COMMISSIONERS. The Howard County Board of Commissioners.
CONVEYANCE BLOCKAGE. Any private conveyance of water, including a pipe, culvert or open swale, which is hindered or prevented from properly carrying its design flow because of a blockage, damage, restriction or deterioration.
COUNTY ENGINEER. The Howard County Highway Engineer.
COUNTY PROPERTY. Any road, right-of-way, easement-or legal open/tile drains in which Howard County owns or possesses an interest or has the legal right to manage and control, whether by grant or by law.
DRAINAGE BOARD. The Howard County Drainage Board.
DRAINAGE DISCHARGE. Any draining of water or other liquid from a watercourse, creek, river, stream, ditch, swale, tile, drain, sewer, basement drain, roof drain, sump pump, geothermal, septic field drain, swimming pool, or similar private drain.
EXCAVATION. The act of tunneling, trenching, digging, removing, boring, excavating, drilling, or undermining of soil, fill material, asphalt, concrete or other material.
EXCAVATION CONTRACTOR. Any person who contracts or agrees with another to excavate in or upon county property for compensation.
PERSON. Includes an individual, firm, corporation, partnership, excavation contractor, or governmental entities other than Howard County. PERSON shall also include public and municipally owned utilities, subject to certain conditional rights to use public rights-of-way granted such utilities under I.C. 8-20-1-28 and I.C. 8-1-2-101.
PLOW. The mechanical process of closed cutting or slicing the soil, without excavation, for the purpose of installing an underground cable, wire, line, pipe or tile.
ROAD. The driving surface on Howard County rights-of-way, such as asphalt, concrete or gravel.
RIGHT-OF-WAY. The land under the driving surface and beyond the edges of the driving surface that the public has a right to use and the Board of Commissioners has the right to manage and control.
SURVEYOR. The duly elected and acting Howard County Surveyor.
VIOLATION. Any act or omission which violates or fails to comply with any provision of this chapter.
VIOLATOR. Any person who commits a violation.
(Ord. BCCO-2023-26, passed 7-3-23)