Stay Informed

During the 2020 legislative session, Indiana Farm Bureau supported Senate Enrolled Act 229, which provides clarity to county surveyors when repairing or reconstructing a regulated drain. The bill was filed in response to a Hamilton County surveyor being fined by the Indiana Department of Environmental Management while working on a regulated drain.  

The new law, which takes effect July 1, provides that a permit is not required from IDEM for the maintenance or reconstruction of a regulated drain as long as the work is being completed in the existing drainage easement and does not substantially change the characteristics of the drain.

SEA 229 was one of the more controversial legislative actions during the 2020 session. Opponents feared the legislation circumvented IDEM and threatened wetlands.

“From Farm Bureau’s perspective, the legislation provides much-needed clarity allowing county surveyors to move forward with work on repairing or reconstructing existing drains without interference from the state,” said Katrina Hall, INFB director of public policy. “Since farmers are already paying for drainage, alleviating any issues with a regulated drain – in accordance with existing laws and protections – should be allowed without delay.”

Hall added the built-in protections and the scope of work are limited to the existing easement, and the work cannot change the characteristics and function of the drain.  

Governor Eric Holcomb signed the legislation into law in late March.