Title 36, LOCAL GOVERNMENT

Sec. 13. A seawall may be contiguous to another seawall if making one (1) or more seawalls contiguous does not interfere, obstruct, or otherwise inhibit the public's ability to use a public access point or easement that provides access to the shore of Lake Michigan and all parts …

Sec. 14. Not later than ten (10) business days after a person submits a completed application for an emergency seawall or revetment permit and meets all required conditions, a local authority shall: (1) approve; or (2) deny; the person's application for the emergency permit. If a…

Sec. 15. If a local authority denies the emergency seawall or revetment permit, the local authority shall provide the reasons for the denial in a single response to the person. A person may submit not more than one (1) completed reapplication for an emergency seawall or revetment…

Sec. 16. (a) This section applies to an application for a seawall or revetment permit that is not an emergency permit. (b) Not later than thirty (30) business days after a person submits a completed application and meets all required conditions for a seawall or revetment permit, …

Sec. 2. This chapter does not: (1) affect the determination of the location of the ordinary high water mark; or (2) interfere with or supersede state law, state administrative rules, or local ordinances concerning the issuance of permits for seawalls or revetments. As added by P.…

Sec. 3. As used in this chapter, "emergency" means a situation that: (1) requires immediate action; (2) is induced by weather or high lake levels; and (3) either: (A) creates the potential for imminent structural damage to private property in an area adjacent to Lake Michigan; or…

Sec. 4. As used in this chapter, "local authority" has the meaning set forth in IC 36-7-4-1109. As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.4.

Sec. 5. As used in this chapter, "ordinary high water mark" has the meaning set forth in IC 14-26-2.1-2. As added by P.L.164-2020, SEC.64.

Sec. 6. As used in this chapter, "owner" means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan. As added by P.L.164-2020, SEC.64.

Sec. 7. As used in this chapter, "permit" has the meaning set forth in IC 36-7-4-1109. As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.5.

Sec. 8. As used in this chapter, "private property" means real property that is not owned or leased by the state or a political subdivision. As added by P.L.164-2020, SEC.64.

Sec. 9. As used in this chapter, "real property" includes any improvements to real property. As added by P.L.164-2020, SEC.64.

Sec. 1. This chapter applies to the following units: (1) A city having a population of more than nine thousand eight hundred fifty (9,850) and less than nine thousand nine hundred (9,900). (2) A county having a population of more than one hundred eighty-five thousand (185,000) an…

Sec. 10. (a) The district shall be governed by a local environmental response financing board. (b) If the unit is a city described in section 1(1) of this chapter, the board consists of five (5) members appointed by the city executive. (c) If the unit is a county described in sec…

Sec. 11. The board may by its resolutions provide the procedure for its actions, the manner of selection of the board's chairperson, treasurer, secretary, and the other officers or employees of the district, their titles, terms of office, duties, number, and qualifications, and a…

Sec. 12. (a) The board may: (1) receive and disburse funds; (2) sue and be sued; (3) plan, finance, and manage substance removal or remedial action at qualified sites; (4) make and contract for plans, surveys, studies, and investigations necessary for the purpose of substance rem…

Sec. 13. (a) Subject to section 15 of this chapter, the board may issue district bonds under this section for the payment of the cost of substance removal or remedial action at a qualified site. (b) On adopting a resolution ordering the issuance of district bonds, the board shall…

Sec. 14. (a) All district bonds issued under this chapter may: (1) be issued as serial or term bonds or as a combination of both; (2) be executed and delivered by the district at any time and from time to time; (3) bear the date or dates; (4) bear the maximum interest rates, if f…

Sec. 15. (a) Except as provided in subsection (b) or (c), the amount of the district bonds issued under this chapter may not exceed the total amount that the board determines is reasonably necessary to be incurred in connection with the substance removal or remedial action. The b…

Sec. 16. (a) District bonds may be issued by a board under this chapter without following any procedures set forth in any other statute except that the board must: (1) adopt a bond resolution after a public hearing following public notice of the hearing published in accordance wi…

Sec. 17. (a) A district: (1) pending receipt of any grant; or (2) in anticipation of the issuance of district bonds under this chapter; may borrow money from any person and evidence the debt by a note or notes executed by the chairperson of the board and the treasurer of the dist…

Sec. 18. A district bond or note issued in connection with a financing under this chapter is exempt from the registration requirements of IC 23. As added by P.L.44-1994, SEC.11.

Sec. 19. All district bonds, as well as bond anticipation notes, issued under this chapter and the interest on them are exempt from taxation in accordance with IC 6-8-5. As added by P.L.44-1994, SEC.11.

Sec. 2. As used in this chapter, "board" refers to the local environmental response financing board established by section 10 of this chapter. As added by P.L.44-1994, SEC.11.

Sec. 20. An action to contest the validity of the district bonds or to prevent their issuance must be brought within thirty (30) days following the publication of the public notice under section 16(a)(1) of this chapter. As added by P.L.44-1994, SEC.11.

Sec. 21. This chapter constitutes full authority for the issuance of district bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by a board, an officer, a commission, a department, an agency, or an instrumentality of the state is…

Sec. 22. The general assembly covenants and agrees with the holders of any district bonds that as long as any district bonds issued under this chapter are outstanding and unpaid, the state: (1) will not limit or alter the rights of the district to fulfill the terms of any agreeme…

Sec. 22.5. (a) After removal or remedial action is initiated under this chapter, the district may impose a lien on the property on which the removal or remedial action is undertaken. The lien may secure the payment to the district of an amount of money equal to the amount of mone…

Sec. 23. This chapter is supplemental to all other statutes covering the funding of substance removal or remedial action. As added by P.L.44-1994, SEC.11.

Sec. 3. As used in this chapter, "district" refers to the special taxing district established by section 9 of this chapter. As added by P.L.44-1994, SEC.11.

Sec. 4. As used in this chapter, "qualified site" means a site that is wholly or partially located in the district and on July 1, 1994, is: (1) a site at which solid waste or substances are present or deposited in or on the ground as an intended place of final location; or (2) an…

Sec. 5. As used in this chapter, "remedial action" has the meaning set forth in IC 13-11-2-185. As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.87.

Sec. 6. As used in this chapter, "removal" has the meaning set forth in IC 13-11-2-187. As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.88.

Sec. 7. As used in this chapter, "responsible person" has the meaning set forth in IC 13-11-2-192(b). As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.89.

Sec. 8. As used in this chapter, "substance" has the meaning set forth in IC 13-11-2-98 for the term "hazardous substance". As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.90.

Sec. 9. (a) A special taxing district to be known as the local environmental response taxing district is created in a city described in section 1(1) of this chapter and in a county described in section 1(2) of this chapter for the purpose of funding substance removal or remedial …

Sec. 1. This chapter applies to second and third class cities. [Pre-Local Government Recodification Citation: 19-4-18-1 part.] As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.44, SEC.60.

Sec. 10. (a) The flood control board shall appoint a district engineer, who shall perform the duties assigned by the board. (b) The engineer's compensation shall be fixed by the flood control board. However, when the engineering services are performed by the engineer of the city,…

Sec. 11. (a) The flood control board shall appoint one (1) or more attorneys, who shall perform the duties assigned by the board. (b) The compensation of the attorney or attorneys shall be fixed by the board. However, when the legal services are performed by an attorney of the ci…

Sec. 12. The flood control board may employ and fix the compensation of all the employees necessary to enable it to perform its duties under this chapter without undue delay. [Pre-Local Government Recodification Citation: 19-4-18-6 part.] As added by Acts 1981, P.L.309, SEC.105.…

Sec. 13. All the employees of a flood control district, including the executive secretary, engineer, and attorneys, serve at the pleasure of the flood control board. [Pre-Local Government Recodification Citation: 19-4-18-6 part.] As added by Acts 1981, P.L.309, SEC.105.

Sec. 14. (a) The county treasurer shall act as treasurer of the flood control board and the flood control district. The county treasurer shall make all collections of the special benefit taxes levied by the board, without any additional compensation other than that allowable in t…

Sec. 15. The county auditor shall include on the tax duplicates for the county the special benefit taxes levied for the flood control district and shall perform the same duties in connection with the levy and collection of these taxes as are performed for general taxes levied by …

Sec. 16. (a) The flood control board may, on behalf of the flood control district, accept any legal, engineering, financial, construction, or other aid from the federal government or any other source. (b) If the federal government agrees to construct or furnish and install all or…

Sec. 17. (a) If the state or a political subdivision has territory that will be affected in whole or in part by flood control works, it may grant to the flood control district the use of any property in which it has an interest, including its rights in public ways, for use in con…

Sec. 18. (a) After its organization, the flood control board shall prepare and adopt: (1) plans and specifications for the flood control works to be constructed or installed by or for the flood control district; (2) estimates of the cost of that part of the works to be contracted…