Title 36, LOCAL GOVERNMENT

Sec. 4. (a) After the record is filed under section 3 of this chapter, the clerk of the circuit court shall give notice to all persons who are mentioned in the record or who will be affected by the proposed project. The notice must: (1) be published in accordance with IC 5-3-1; (…

Sec. 5. If, under section 4 of this chapter, the court finds that the municipal works board should proceed with a proposed project, the works board shall control and supervise work for the project. The works board shall: (1) advertise for bids for the work; and (2) let a contract…

Sec. 6. (a) After the letting of a contract or contracts under section 5 of this chapter, the court shall appoint three (3) competent, disinterested residents of the county to serve as the board of assessors for the project. The assessors shall take an oath to honestly and faithf…

Sec. 7. Except as otherwise provided by this chapter, the statutes concerning street and sewer improvement assessments apply to assessments made under this chapter. [Pre-Local Government Recodification Citation: 19-4-20-9 part.] As added by Acts 1981, P.L.309, SEC.104.

Sec. 8. If any real or personal property inside or outside the municipality is required for a project under this chapter: (1) it may be condemned and paid for in the manner provided by law; or (2) the municipal works board may purchase and take a conveyance for it for the use and…

Sec. 9. (a) If the financing for a project under this chapter is to be provided by the federal government, one (1) or more bonds may be issued at any time after the filing of the assessment roll with the court under section 6 of this chapter. (b) Bonds issued under this section a…

Sec. 1. This chapter applies only in a county that is located along the shore of Lake Michigan. As added by P.L.164-2020, SEC.64.

Sec. 10. (a) An owner of private property who is subject to the jurisdiction of a local authority in a county subject to this chapter may: (1) subject to applicable state laws and administrative rules, local ordinances, and section 11 of this chapter, in the case of an emergency,…

Sec. 11. In accordance with applicable state laws, state administrative rules, and local ordinances, the repair of an existing seawall or revetment may include placing seawalls or revetments into the waters of Lake Michigan where the water is already coming into contact with thos…

Sec. 12. In accordance with applicable state laws, state administrative rules, and local ordinances, the owner of private property may construct a new seawall or revetment on the private property in a location in which the new seawall or revetment can reasonably be expected to pr…

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 only applies to a county not having a consolidated city. As added by P.L.139-2024, SEC.2.

Sec. 10. The county executive has the responsibility of notifying the county officer of the results of the review conducted by the county attorney and the county executive. As added by P.L.139-2024, SEC.2.

Sec. 11. If: (1) the review; and (2) the notification of the review results, including the written statement under section 9(b) of this chapter, if applicable; are not made within the time required under section 6 of this chapter, the contract shall be considered acceptable and t…

Sec. 12. (a) This section only applies to a contract that: (1) the county executive does not disapprove under section 7 of this chapter; and (2) is found to be unacceptable by the county executive under section 9 of this chapter. (b) The county officer may do the following: (1) R…

Sec. 13. (a) A county officer must submit the contract to the county auditor not more than ten (10) days after the contract is executed. (b) A contract that is executed by a county officer: (1) under section 12(b)(2) of this chapter; and (2) submitted to the county auditor more t…

Sec. 14. The county auditor shall upload a contract submitted under section 13 of this chapter to the Indiana transparency website. As added by P.L.139-2024, SEC.2.

Sec. 15. A county employee may not take action on a county contract unless permitted by a county ordinance. This section does not apply to a county officer. As added by P.L.181-2025, SEC.12.

Sec. 2. The definitions in IC 36-2-2.8 apply to this chapter. As added by P.L.139-2024, SEC.2.

Sec. 3. As used in this chapter, "county officer" means the following: (1) Assessor. (2) Auditor. (3) Coroner. (4) Recorder. (5) Sheriff. (6) Surveyor. (7) Treasurer. (8) Clerk of the circuit court. (9) County fiscal body. As added by P.L.139-2024, SEC.2.…

Sec. 4. (a) If a county officer has a proposed contract: (1) that the county officer believes is necessary for the county officer to carry out a constitutional or statutory duty of office; and (2) for which funds have been appropriated by the county fiscal body to pay for the con…

Sec. 5. To initiate a contract review, the county officer must submit to the county auditor the following: (1) A request for review. (2) A copy of the proposed contract. The contract must comply with IC 36-2-2.8, including using the standard terms required by ordinance under IC 3…

Sec. 6. Not later than twenty (20) days after the request is filed with the county auditor: (1) the county executive and county attorney shall review the proposed contract; and (2) the county executive shall notify the county officer of the results of the review. As added by P.L.…

Sec. 7. (a) If the county attorney advises the county executive that the contract does not comply with: (1) state law; or (2) any applicable public purchasing or bidding laws; the county executive may disapprove the contract and the contract may not be executed by the county offi…

Sec. 8. If: (1) the contract is not disapproved under section 7 of this chapter; and (2) the county executive finds the contract: (A) complies with IC 36-2-2.8; and (B) is otherwise acceptable; the county executive may approve and authorize execution of the contract by the county…

Sec. 9. (a) If the county executive finds the contract: (1) does not comply with IC 36-2-2.8; or (2) is otherwise not acceptable for reasons other than those determined under section 7 of this chapter; the county executive must provide the county officer with a written statement …

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…