Indiana Drainage Easement
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How to fill out Drainage Easement?
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FAQ
An easement is part of your land or property that the government or utility companies can access. A drainage easement can take the form of access to your drainage infrastructure, the right to access your property or properties, or both.
The Indiana Drainage Code Provides that all regulated drains in the state shall have a 75-foot right-of-way on either side of the centerline of any tiled drain and from the top edge of each bank of an open ditch as determined by the County Surveyor.
A regulated drain is a drain under the jurisdiction of the Hamilton County Drainage Board and can be an agricultural drain, urban storm sewer or open drain.
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
As described to all individual locations, the described entity, Home Owner's Associations or the Municipality maintains the drainage system and structures within the easement to allow for proper function of the system.
Obstruction of Drains; Repair Procedure. Sec. 46. (a) When a regulated drain is obstructed or damaged by logs, trees, brush, unauthorized structures, trash, debris, excavating, filling, or pasturing livestock, or in any other way, the county surveyor shall immediately remove the obstruction and repair any damage.
Drainage easement by implication If a common owner of your land and your neighbor's land established a drain, you may have an implied drainage easement. This might give you the right to maintain the drain located on the neighbor's property.