HEA 1291 Summary

• Adds governmental immunity from liability for acts or omissions connected with storm water nuisance requests, investigations, assessments, or opinions under IC 36-9-28.7

• Creates new chapter 28.7 establishing procedures for property owners to request investigation of storm water nuisances through their local unit of government (town council, city board of works, or county surveyor)

• Defines "storm water nuisance" as a condition involving storm water transferred through runoff or artificial conveyance that is directed to another person's property or accelerates water flow, and is either injurious to health or substantially obstructs free use of property

• Requires units of government to conduct visual assessments of reported nuisances and provide oral or written reports with findings, but shields them from liability and prevents compelled testimony in legal proceedings related to these functions

• Modifies drainage plan requirements for subdivisions and land developments outside municipalities to clarify that utility infrastructure owned by public or municipally owned utilities is excluded from development definitions