Ind. Code » Title 36
Indiana Code

Ind. Code § 36-9-27-29 (2026)

County surveyors; powers and duties

✓ current as of May 2026
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     Sec. 29. The county surveyor is the technical authority on the construction, reconstruction, and maintenance of all regulated drains or proposed regulated drains in the county, and the county surveyor shall:

(1) investigate, evaluate, and survey all regulated drains or proposed regulated drains, and prepare all reports, plans, profiles, and specifications necessary or incident to any proposed construction, reconstruction, or maintenance of regulated drains;

(2) prepare and make public standards of design, construction, and maintenance that will apply to all regulated drains and their appurtenances, taking into consideration in preparing these standards the published recommendations made by Purdue University, the American Society of Agricultural Engineers, the American Society of Civil Engineers, the United States Department of Agriculture, the department of natural resources, the United States Army Corps of Engineers, and other reliable sources of information;

(3) supervise all construction, reconstruction, and maintenance work performed under this chapter;

(4) catalog and maintain a record of all surveying notes, plans, profiles, and specifications of all regulated drains in the county, and of all mutual and private drains when available; and

(5) perform the functions set forth in sections 67 through 69 of this chapter concerning all urban drains under the county surveyor's jurisdiction.

In preparing plans under subdivision (1), the county surveyor shall, when feasible, include the seeding of the banks of all open drains. The surveyor shall, when feasible, use United States Geological Survey data on plans and profiles prepared under subdivision (1).

[Pre-Local Government Recodification Citation: 19-4-1-9.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.5; P.L.127-2017, SEC.333.

 

Notes of Decisions
Cited in 6 cases, 2000–2019 · leading case: Mattingly v. Warrick Cnty. Drainage Bd., 743 N.E.2d 1245 (Ind. Ct. App. 2001).
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Mattingly v. Warrick Cnty. Drainage Bd., 743 N.E.2d 1245 (Ind. Ct. App. 2001). · cites it 4× “In any event, Ind.Code § 36-9-27-29 denominates Irvin "the technical authority" regarding regulated drains.”
Thomas R. Crowel v. Marshall Cnty. Drainage Bd., 971 N.E.2d 638 (Ind. 2012). · cites it 2× “I.C. §§ 36-9-27-29, -34. Myers Drain is a regulated drain in Walnut Township, Marshall County, Indiana.”
Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000). · cites it 2× “, Ind.Code §§ 36-9-27-29, 36-9-27-34(a), 36-9-27-35.”
Clark Cnty. Drainage Bd. v. Isgrigg, 963 N.E.2d 9 (Ind. Ct. App. 2012). · cites it 2× “I.C. § 36-9-27-29. Further, as relevant here, 2 Indiana law requires the County Surveyor to give an estimate for the cost of construction or reconstruction of a drain to the Drainage Board (with the final contract price limited to the amount of the County Surveyor’s estimate…”
Kip Bergman, Scot Gasho, Jane Harper, Philip Overdorf, Brent Snow, & George Tebbe v. Big Cicero Creek Jt. Drainage Bd. (Ind. Ct. App. 2019). · cites it 2× “I.C. §§ 36-9-27-29, -34. Crowel v. Marshall Cty.”
Clark Cnty. Drainage Bd. & Clark Cnty. Bd. of Commissioners v. Robert Isgrigg (Ind. Ct. App. 2012). · cites it 2× “I.C. § 36-9-27-29. Further, as relevant here,2 Indiana law requires the County Surveyor to give an estimate for the cost of construction or reconstruction of a drain to the Drainage Board (with the final contract price limited to the amount of the County Surveyor’s estimate plus…”
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