1. (a) For the purposes of this chapter:

   1. (1) a county surveyor;
   2. (2) a member of a drainage board; or

   3. (3) an authorized representative of a county surveyor or drainage board;

      has a right of entry over and upon a tract of land containing a drain or natural surface watercourse that is the subject of a petition filed under this chapter.

2. (b) The right of entry granted by this section is limited to the land lying within seventy-five (75) feet of the drain or natural surface watercourse. The seventy-five (75) feet must be measured at right angles to:

   1. (1) the center line of any tiled drain; and
   2. (2) the top edge of each bank of an open drain; and

   3. (3) the edge of any natural surface watercourse;

      as determined by the county surveyor.

3. (c) A person exercising a right of entry under this section shall, to the extent possible, use due care to avoid damage to:

   1. (1) crops, fences, buildings, and other structures located outside the right-of-way; and
   2. (2) crops and approved structures located inside the right-of-way.
4. (d) Before exercising a right of entry under this section, an individual must give oral or written notice of the entry on the land to the property owner of record. The notice must state the purpose for the entry.
5. (e) A right of entry under this section is not criminal trespass under IC 35-43-2-2 , and an individual exercising a right of entry under this section may not be arrested or prosecuted for criminal trespass under IC 35-43-2-2 .

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.