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Wayne County, IN Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Investigating agency
County Surveyor with County Drainage Board
Governing statute
I.C. 36-9-28.7
Application fee
$50, nonrefundable
Cost security deposit
$1,000 cash or certified draft
Payment deadline
5 business days of filing
Cost overage
Billed to applicant before report issues

Summary

Wayne County investigates storm water nuisance complaints through the County Surveyor working with the County Drainage Board under I.C. 36-9-28.7. Anyone seeking a formal SWN investigation in unincorporated Wayne County, Indiana must file an application with a $50 nonrefundable fee plus a $1,000 cost security deposit before the county begins its review.

These county ordinances apply to unincorporated areas of Wayne County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) Pursuant to I.C. 36-9-28.7, the designated entity of county government to conduct an investigation into an alleged SWN shall be the County Surveyor, in concert with the County Drainage Board. (B) (1) An application for such an investigation shall be filed with the County Surveyor on forms provided by that office together with a non-refundable application fee of $50 (the “application fee”) to cover the costs of a preliminary review of the application. ... (D) (1) To secure the costs that will be necessarily incurred by the county to investigate the matters set forth in the application and to prepare the report contemplated by the statute, the applicant shall deposit with the County Surveyor the sum of $1,000 in cash or bank certified draft at the time of filing the application to investigate an alleged storm water nuisance or within five business days thereafter (the “costs security deposit”).

Full Breakdown

Section 150.01 designates the County Surveyor, in concert with the County Drainage Board, as the entity that investigates an alleged storm water nuisance (SWN) under I.C. 36-9-28.7. To start that process, an applicant files a request on forms from the Surveyor's office along with a non-refundable $50 application fee covering the preliminary review; missing that fee, or missing it within five business days of filing, is treated as a withdrawal of the request. The applicant is also responsible for every cost the county incurs completing the investigation, including professional fees for engineers, surveyors or the county attorney needed to produce the report required by I.C.

36-9-28.7-9(c). To secure those costs up front, the applicant must deposit $1,000 in cash or a certified bank draft with the Surveyor at filing or within five business days after, and, again, failing to pay that deposit in time is deemed a withdrawal of the application. Both the fee and deposit go into the County General Fund, with the County Auditor tracking charges against the deposit separately. If the investigation costs less than the $1,000 deposit, the county refunds the difference along with its final report; if costs exceed the deposit, the applicant must pay the excess, and the county will withhold the report until every additional cost is paid in full. The ordinance was adopted as Ord. 2017-017 on October 9, 2017.

Violations & Fines

Failing or refusing to pay the $50 application fee, or the $1,000 costs security deposit, within five business days of filing is deemed a withdrawal of the investigation request rather than a fine-based offense. An applicant who underpaid the deposit must pay any cost overage before the county will release its investigation report.

Frequently Asked Questions

Who investigates a storm water nuisance complaint in Wayne County?
The County Surveyor investigates, working in concert with the County Drainage Board, under authority of Indiana Code 36-9-28.7. The applicant files the request directly with the Surveyor's office on the county's own forms.
How much does it cost to request a storm water nuisance investigation?
The applicant pays a non-refundable $50 application fee to cover a preliminary review, plus a $1,000 cost security deposit in cash or a certified bank draft to cover the full investigation and report. Both are due at filing or within five business days after.
What happens if I don't pay the fee or deposit on time?
Failing to pay the $50 application fee or the $1,000 costs security deposit within five business days of filing is deemed a withdrawal of the application, so the county will not proceed with the investigation.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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