Anyone cutting, crossing, or disturbing drains for any reason, including for purposes of construction, installation, or maintenance of structures or utility lines, shall be required to comply with the following rules and procedures.
(A) No person shall construct, dig, or otherwise disturb a regulated drain without first providing notice on forms provided by the County Surveyor and agreeing to the regulations that follow.
(B) The construction shall comply with the following restrictions.
(1) Contact with or damage to subsurface tile/drains shall be avoided.
(2) When crossing an open ditch or stream, cuts to banks shall be restored, stabilized with stone revetment, seeded, or otherwise to prevent bank erosion.
(3) When boring/crossing through an open ditch, utilities shall be a minimum of three feet below existing flow line and encased in a plastic or steel sleeve. A sign shall be installed and maintained on the ditch bank to identify the name, location, and contact information for the owner of the utility or structure.
(4) When work is within or crossing through a county road right-of-way, permits must also be obtained from the County Highway Department.
(5) The contractor or contracting authority shall be responsible for and pay for all damages incurred to, subsurface drains and drainage ditches as a result of the construction or cutting of the ditch.
(6) The contracting authority and contractor shall sign a hold harmless agreement in a form provided by the County Surveyor’s Office.
(C) If, in the future, the County Drainage Board determines that relocation of a utility line is necessary for the maintenance, construction, or reconstruction of the drain, the cost of the relocation shall be paid by the utility pursuant to I.C. 36-9-27-48.
(Ord. 2019-01, passed 2-4-2019) Penalty, see § 153.99