Title 36, LOCAL GOVERNMENT

Sec. 9.2. A majority of all the elected members of the legislative body constitutes a quorum. As added by Acts 1980, P.L.73, SEC.14.

Sec. 9.4. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members. (b) A requirement that an ordinance, resolution, or other action of the legislative body be p…

Sec. 9.6. A majority vote of the legislative body is required to pass an ordinance, unless a greater vote is required by statute. As added by Acts 1980, P.L.73, SEC.16.

Sec. 9.8. (a) A two-thirds (2/3) vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the legislative body on the same day or at the same meeting at which it is introduced. (b) Subsection (a…

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships. (b) A unit consisting of: (1) two (2) or more townships; and (2) at least one (1) municipality; that has reorganized under IC 36-1.5 may exercise planning and zoning power under …

Sec. 10. (a) An ordinance adopted after March 31, 2005, by a unit of local government that: (1) makes a forestry operation (as defined in IC 32-30-6-1.5) a nuisance; or (2) provides for an abatement of a forestry operation as a: (A) nuisance; (B) trespass; or (C) zoning violation…

Sec. 11. Any: (1) land use ordinance or regulation; (2) general or specific planning ordinance or regulation; or (3) land use petition (as described in IC 36-1-24.2-2) conditioned upon the: (A) payment of a fee; or (B) assumption of a requirement described in IC 36-1-24.2-1(1) or…

Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section. (b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may not adopt, impose, or enforce a regulation that: (1) mandates size re…

Sec. 13. (a) As used in this section, "chapter house" means a building or portion of a building used as a residence for students who are: (1) active members of the same fraternity or sorority; and (2) enrolled at the same college or university. (b) As used in this section, "colle…

Sec. 14. (a) This section does not apply to development on a site that is located within an area that: (1) the department of natural resources has determined to be the watershed area of a reservoir; and (2) is a source of drinking water for a municipality. (b) As used in this sec…

Sec. 2. A unit may plan for and regulate the use, improvement, and maintenance of real property and the location, condition, and maintenance of structures and other improvements. A unit may also regulate the platting and subdividing of real property and number the structures abut…

Sec. 3. A unit may inspect any structure or other improvement at any reasonable time. [Pre-Local Government Recodification Citations: 18-1-1.5-10(a); 18-4-2-18 part.] As added by Acts 1980, P.L.211, SEC.2.

Sec. 4. A unit may regulate methods of, and use of materials in repair, alteration, and construction of structures and other improvements. The unit also may require the execution of a bond by any person repairing, altering, or constructing structures or other improvements. [Pre-L…

Sec. 5. A unit may repair, alter, or destroy structures and other improvements if necessary. [Pre-Local Government Recodification Citations: 18-1-1.5-10(j); 18-4-2-18 part.] As added by Acts 1980, P.L.211, SEC.2.

Sec. 5.5. A unit may not require that a lawfully erected sign be removed or altered as a condition of issuing: (1) a permit; (2) a license; (3) a variance; or (4) any other order concerning land use or development; unless the owner of the sign is compensated in accordance with IC…

Sec. 6. A unit may regulate excavation, mining, drilling, and other movement or removal of earth below ground level. [Pre-Local Government Recodification Citation: 18-1-1.5-11(a).] As added by Acts 1980, P.L.211, SEC.2.

Sec. 7. A unit may promote economic development and tourism. [Pre-Local Government Recodification Citations: 18-6-12-1; 18-6-22-1.] As added by Acts 1980, P.L.211, SEC.2.

Sec. 8. (a) As used in this section, "solar energy system" means either of the following: (1) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for wa…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 9. Each unit shall require compliance with: (1) the code of building laws and fire safety laws that is adopted in the rules of the fire prevention and buil…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 9.1. (a) This section does not apply to: (1) a manufactured housing community; or (2) a mobile home community; that is licensed, permitted, and inspected b…

Sec. 9.5. This section applies to any inspection of a building, structure, improvement, or other project that is required as part of the issuance of a building permit or improvement location permit. If a building code official or inspector finds that a building, structure, improv…

Sec. 1. This chapter applies to all units except townships. [Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.] As added by Acts 1980, P.L.211, SEC.3.

Sec. 10. A unit may regulate the operation of businesses, crafts, professions, and occupations. [Pre-Local Government Recodification Citations: 18-1-1.5-7(c); 18-1-1.5-13(a); 18-3-1-41 part; 18-4-2-12 part; 18-4-2-18 part; 18-4-2-19; 18-4-2-21 part.] As added by Acts 1980, P.L.21…

Sec. 11. A unit may regulate solicitation by persons offering goods or services to the public or solicitation for charitable causes. [Pre-Local Government Recodification Citations: 18-1-1.5-13(e); 18-3-1-41 part; 18-4-2-12 part.] As added by Acts 1980, P.L.211, SEC.3.

Sec. 12. A unit may establish, maintain, and operate a weights and measures standards control system. However, a unit may not establish fees for inspections or tests relating to weights and measures. [Pre-Local Government Recodification Citations: 18-1-1.5-15(d); 18-4-2-21 part.]…

Sec. 14. (a) The repeal of section 13 of this chapter does not operate to void an ordinance or resolution adopted by a municipality before January 1, 2019, that exercises a power: (1) under the sole authority of section 4 of this chapter; and (2) within the four (4) mile area out…

Sec. 15. The repeal of section 13 of this chapter operates to void an ordinance or resolution adopted by a municipality before July 1, 2019, that exercises a power: (1) under the sole authority of: (A) section 5(a)(2) of this chapter; (B) section 6(a)(1) of this chapter; or (C) b…

Sec. 2. (a) A unit may establish, maintain, and operate a police and law enforcement system to preserve public peace and order and may provide facilities, equipment, and supplies for that system. (b) Before hiring a person as a law enforcement officer, including a police reserve …

Sec. 3. A unit may establish, maintain, and operate a firefighting and fire prevention system and may provide facilities and equipment for that system. [Pre-Local Government Recodification Citations: 18-1-1.5-15(b); 18-1-1.5-15(c); 18-3-1-36; 18-3-1-38 part; 18-4-2-20 part.] As a…

Sec. 4. A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare. [Pre-Local Government Recodification Citations: 18-1-1.5-6(c); 18-1-1.5-6(d); 18-1-1.5-6(e); 18-1-1.5-7(f); 18-1-1.5-7(h); 18-3-1-37 part; 18-3-1-39 p…

Sec. 5. (a) A unit may do the following: (1) Provide medical care or other health and community services to persons. (2) Impose restrictions upon persons or animals that might cause other persons or animals to be injured or contract diseases. (3) Establish, aid, maintain, and ope…

Sec. 6. (a) A unit may: (1) capture and destroy animals if necessary; and (2) establish, maintain, and operate animal shelters. (b) A municipality may exercise the powers in subsection (a)(2) within four (4) miles outside its corporate boundaries. [Pre-Local Government Recodifica…

Sec. 7. A unit may regulate any business use of a watercourse. [Pre-Local Government Recodification Citation: 18-1-1.5-9(d) part.] As added by Acts 1980, P.L.211, SEC.3.

Sec. 8. A unit may regulate the introduction of any substance or odor into the air, or any generation of sound. [Pre-Local Government Recodification Citations: 18-1-1.5-12; 18-3-1-39 part; 18-4-21-1; 18-4-21-2; 18-4-21-3.] As added by Acts 1980, P.L.211, SEC.3.

Sec. 9. A unit may regulate public gatherings, such as shows, demonstrations, fairs, conventions, sporting events, and exhibitions. [Pre-Local Government Recodification Citations: 18-1-1.5-6(a); 18-4-2-13 part.] As added by Acts 1980, P.L.211, SEC.3.

Sec. 1. This chapter applies to all units except townships. [Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.] As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.182-2009(ss), SEC.444; P.L.119-2012, SEC.223; P.L.121…

Sec. 10. A unit may regulate the taking of water, or causing or permitting water to escape, from a watercourse. [Pre-Local Government Recodification Citation: 18-1-1.5-9(c).] As added by Acts 1980, P.L.211, SEC.4.

Sec. 11. A unit may regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. [Pre-Local Government Recodification Citations: 18-1-1.5-9(b); 18-4-2-22 part.] As added by Acts 1980, P.L.211, SEC.4.

Sec. 12. A unit may regulate the introduction of any substance into a watercourse or onto its banks. [Pre-Local Government Recodification Citations: 18-1-1.5-9(a); 18-1-1.5-11(b).] As added by Acts 1980, P.L.211, SEC.4.

Sec. 13. A unit may purify the water in a watercourse. [Pre-Local Government Recodification Citations: 18-1-1.5-9(e); 18-4-2-22 part.] As added by Acts 1980, P.L.211, SEC.4.

Sec. 14. A unit may regulate the furnishing of water to the public. A unit also may establish, maintain, and operate waterworks. [Pre-Local Government Recodification Citations: 18-1-1.5-7(i); 18-1-1.5-14(j); 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4.

Sec. 15. A unit may furnish, or regulate the furnishing of, utility service to the public. [Pre-Local Government Recodification Citations: 18-1-1.5-13(b); 18-3-1-42 part; 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4.

Sec. 16. A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage. This includes the power to fix the price to be charged for that service. [Pre-Local Government Recodification Citations: 18-1-1…

Sec. 17. A unit may collect, process, and dispose of waste substances and domestic or sanitary sewage, and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect and dispose of waste substances. [Pre-Local Government Recodification Citations:…

Sec. 18. A municipality may exercise powers granted by sections 2, 3, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries. [Pre-Local Government Recodification Citations: 18-1-1.5-7 part; 18-1-1.5-14 part; 18-3-1-50 part.] As added by Ac…

Sec. 2. (a) A unit may establish, aid, maintain, and operate transportation systems. (b) This subsection applies to an eligible county (as defined by IC 8-25-1-4) that establishes a public transportation system through a public transportation project authorized and funded under I…