Indiana Code 36-9-28.7-5. “Storm water nuisance”
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Sec. 5. As used in this chapter, “storm water nuisance” means a condition:
(A) is directed to the property of another person;
(1) that arises out of or is related to storm water that is transferred through runoff or an artificial conveyance that:
Terms Used In Indiana Code 36-9-28.7-5
- artificial conveyance: means a manmade structure in or into which storm water runoff or floodwaters flow, either continuously or intermittently. See Indiana Code 36-9-28.7-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- runoff: means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems. See Indiana Code 36-9-28.7-3
(B) discharges storm water at or near the property line of another person; or
(C) accelerates or increases the flow of storm water onto another person’s property; and
(2) to which one (1) or both of the following apply:
(A) The condition is injurious to health.
(B) The condition substantially obstructs the free use of property.
As added by P.L.125-2011, SEC.3.