Indiana Easement for Flood Control
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How to fill out Easement For Flood Control?
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FAQ
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
The Flood Control Act (IC 14-28-1) regulates various development activities (e.g. structures, obstructions, deposits, and/or excavations) within the floodway of any State waterway by requiring DNR approval prior to the beginning of the project.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
Anytime a person or business does any construction work in the road right-of-way (normally 40 feet wide - 20 feet on either side of the center of the road) they need to obtain a permit.
(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.
Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.
