Title 36, LOCAL GOVERNMENT

Sec. 11.2. (a) This section applies to a license for which a unit imposed a fee before July 1, 2017. (b) As used in this section, "license" means any license, permit, registration, endorsement, or certificate required by a unit for: (1) an individual to practice or a business to …

Sec. 11.4 (a) As used in this section, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31. (b) A unit may not adopt or enforce an ordinance that requires an operator of a commercial motor vehicle to obtain a permit from the unit to operate the commercial motor v…

Sec. 12. (a) This section does not prohibit any of the following: (1) A requirement for a license, registration, certification, or permit required under an ordinance or rule adopted under IC 36-7. (2) A requirement for a permit or registration for a particular project for: (A) th…

Sec. 13. (a) Unless required under IC 36-7-2-9, a unit does not have the power to do the following: (1) Require that a particular component, design, or type of material be used in the construction of a building or other structure because of the energy saving or energy producing q…

Sec. 14. (a) As used in this section, "land disturbing activity" means any manmade change of the land surface, including: (1) removing vegetative cover that exposes the underlying soil; (2) excavating; (3) filling; and (4) grading. (b) Except as provided in subsection (d), a unit…

Sec. 15. (a) The definitions in IC 5-36-1 apply throughout this section. (b) A unit may not adopt or enforce a rule or other regulation that would have the effect of prohibiting, restricting, or impairing the ability of a person to: (1) use or accept digital assets as a method of…

Sec. 15.6. (a) The following may not be subject to a county residency requirement: (1) A public defender. (2) An individual employed by a public defender office or agency. (3) Court personnel. (4) A deputy prosecuting attorney. (5) An employee of a prosecuting attorney's office. …

Sec. 2. The policy of the state is to grant units all the powers that they need for the effective operation of government as to local affairs. [Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.] As added by Acts 1980, P.L.211, SEC.1…

Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated. (b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute gr…

Sec. 4. (a) The rule of law that a unit has only: (1) powers expressly granted by statute; (2) powers necessarily or fairly implied in or incident to powers expressly granted; and (3) powers indispensable to the declared purposes of the unit; is abrogated. (b) A unit has: (1) all…

Sec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power: (1) is not expressly denied by the Indiana Constitution or by statute; and (2) is not expressly granted to another entity. (b) A township may not exercise power th…

Sec. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner. (b) If there is no constitutional or statutory provision requiring a specific manner for exercising …

Sec. 7. State and local agencies may review or regulate the exercise of powers by a unit only to the extent prescribed by statute. [Pre-Local Government Recodification Citations: 17-2-2.5-5; 18-1-1.5-22; 18-4-2-35(a).] As added by Acts 1980, P.L.211, SEC.1.

Sec. 8. (a) Subject to subsection (b), a unit does not have the following: (1) The power to condition or limit its civil liability, except as expressly granted by statute. (2) The power to prescribe the law governing civil actions between private persons. (3) The power to impose …

Sec. 8.5. A unit may not adopt or enforce an ordinance that requires or would have the effect of requiring a landlord to participate in: (1) a Section 8 program of the federal Housing Act of 1937 (42 U.S.C. 1437f); or (2) a similar program concerning housing. As added by P.L.101-…

Sec. 8.6. (a) As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is: (1) reusable or disposable; (2) made of: (A) cloth; (B) paper; (C) plastic; (D) extruded polystyrene; or (E) a similar material; and (3) designed for: (A) one…

Sec. 8.7. (a) As used in this section, "unit" means a county or a municipality. (b) As used in this section, "utility" means a utility, however organized, that provides utility service to customers in Indiana. The term includes a utility that is owned, operated, or held in trust …

Sec. 9. (a) The area inside the boundaries of a county comprises its territorial jurisdiction. However, a municipality has exclusive jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys, sidewalks, watercourses, sewers, drains, and public grounds inside its corpora…

Sec. 1. This chapter applies to all counties not having a consolidated city. [Pre-Local Government Recodification Citations: 17-1-28-1 part; 18-4-4-4 part; Acts 1973, P.L.163, SECTION 3.] As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.141.

Sec. 10. (a) The fiscal body may employ and fix the compensation of an attorney to represent and advise the fiscal body. (b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county fiscal body as an attorney does not constitute…

Sec. 2. (a) The seven (7) member county council elected under this chapter is the county fiscal body. The fiscal body shall act in the name of "The _________ County Council". (b) Notwithstanding subsection (a), in a county having a population of more than one hundred eighty-five …

Sec. 3. (a) The fiscal body shall be elected under IC 3-10-2-13. Except in a county having only single-member districts, members elected from districts and at large members, respectively, are to be elected in alternate, succeeding general elections under section 4 of this chapter…

Sec. 4. (a) This subsection does not apply to the following counties: (1) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (2) A county having a population of more than one hundred eighty-five thousand (185,…

Sec. 4.7. (a) Whenever the county executive or the county fiscal body divides the county into districts under section 4 of this chapter, the county executive or the county fiscal body shall adopt an ordinance. (b) The county executive or the county fiscal body shall file a copy o…

Sec. 5. (a) To be eligible to serve as a member of the fiscal body, a person must meet the qualifications prescribed by IC 3-8-1-22. (b) A member of the fiscal body must reside within: (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana;…

Sec. 6. (a) At its regular meeting required by section 7(b)(1) of this chapter, the fiscal body shall elect a president and president pro tempore from its members. (b) The county auditor is the clerk of the fiscal body and shall do the following: (1) Preserve the fiscal body's re…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. (a) The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive …

Sec. 8. A member of the fiscal body who purchases a bond, order, claim, or demand against the county for less than its face value shall forfeit it to the county and may not enforce it by legal action. [Pre-Local Government Recodification Citation: 17-1-24-13.] As added by Acts 19…

Sec. 9. The fiscal body may: (1) expel any member for violation of an official duty; (2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member's office; and (3) adopt its own rules to govern proceedings under this section, but …

Sec. 1. This chapter applies to each consolidated city and its county. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 10. (a) The board of commissioners of the county is composed of the county treasurer, the county auditor, and the county assessor. These officers shall serve ex officio as commissioners without additional compensation for performing the duties of the board. (b) The board of …

Sec. 2. (a) A mayor, who is the executive of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the whole county. (b) To be eligible to serve as the executive, a person must meet the qualifications prescribed by IC 3-8-1-24. (c) The term …

Sec. 3. (a) Whenever the executive is absent from the county, ill, or injured, the executive may designate one (1) of the executive's deputies as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any s…

Sec. 4. (a) The executive must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. (b) The office of executive becomes vacant whenever the executive: (1) dies, resigns, or is removed from office; (2) ceases to be a resident of…

Sec. 5. As the chief officer of the executive branch of the consolidated city government as provided by IC 36-4-4, the executive shall supervise the work of the departments of the consolidated city, its special service districts, and its special taxing districts. [Pre-Local Gover…

Sec. 6. The executive shall approve or veto ordinances and resolutions of the legislative body under IC 36-3-4. [Pre-Local Government Recodification Citation: 18-4-5-2 part.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 7. The executive may investigate the work of those under the executive's supervision and require reports from them. The executive may examine any records of the consolidated city. [Pre-Local Government Recodification Citation: 18-4-4-1 part.] As added by Acts 1980, P.L.212, …

Sec. 8. The executive shall make the appointments prescribed by IC 36-3-5 and all other appointments required by statute to be made by the executive of a consolidated or first class city or a county having such a city. [Pre-Local Government Recodification Citations: 18-4-3-4 part…

Sec. 9. The executive shall perform the duties and exercise the powers prescribed for the board of commissioners of the county by statutes other than this title, except for the following: (1) Duties and powers vested in the city-county legislative body by IC 36-3-4. (2) Duties an…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of sections 8.5 and 8.6 (before its repeal) of this chapter by P.L.379-1987(ss) applies to taxable years that begin after January 1, 1987. (2) The amendments made to section 4 of this chapter by…

Sec. 1. This chapter applies to all municipalities except consolidated cities. However, sections 3 and 21 of this chapter do not apply to towns. [Pre-Local Government Recodification Citations: Part new; 18-4-2-34 part; 18-4-15-1 part.] As added by Acts 1980, P.L.212, SEC.3.

Sec. 1.4. If a township is a participant in a proposed reorganization under IC 36-1.5-4-1(a)(2), IC 36-1.5-4-1(a)(7), or IC 36-1.5-4-1(a)(8), a municipality may not adopt an annexation ordinance annexing territory within the township within the period set forth in IC 36-1.5-4-45.…

Sec. 1.5. (a) For purposes of this chapter, territory sought to be annexed may be considered "contiguous" only if at least one-eighth (1/8) of the aggregate external boundaries of the territory coincides with the boundaries of the annexing municipality. In determining if a territ…

Sec. 1.6. (a) For purposes of this chapter, the acreage of the territory sought to be annexed that is covered by a public or private lake shall not be considered when determining whether the territory meets the population density or subdivision percentages required by this chapte…

Sec. 1.7. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. This section does not apply to an annexation under section 5.1 of this chapter. (b) Not earlier than six (6) months before a municipality introduces an annexation ordinance, the munici…

Sec. 10. (a) If the township from which a municipality annexes territory is indebted or has outstanding unpaid bonds or other obligations at the time of the annexation, the municipality is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of t…