Title 36, LOCAL GOVERNMENT

Sec. 11. (a) A development authority is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. A development board is a governing body for purposes of IC 5-14-1.5. (b) A development board shall meet at least quarterly. (c) The chair of a development board or any two (2) membe…

Sec. 12. A development board shall adopt the bylaws and rules that the development board considers necessary for the proper conduct of the development board's duties and the safeguarding of the development authority's funds and property. As added by P.L.232-2007, SEC.7. Amended b…

Sec. 13. (a) A development authority shall comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from …

Sec. 14. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow each development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a sig…

Sec. 15. Each county or municipality that is member of a development authority may appoint a local advisory committee to advise the county or municipality on issues related to the development authority. As added by P.L.232-2007, SEC.7.

Sec. 2. A development authority established under this chapter is a separate body corporate and politic that shall carry out the purposes of this article by: (1) acquiring, constructing, equipping, owning, leasing, and financing projects and facilities for lease to or for the ben…

Sec. 3. (a) A development authority may be established by any of the following: (1) One (1) or more counties and one (1) or more adjacent counties. (2) One (1) or more counties and one (1) or more qualified cities in adjacent counties. (3) One (1) or more qualified cities and one…

Sec. 4. (a) A county that: (1) is not a member of a development authority; and (2) is adjacent to a county that: (A) is a member of a development authority; or (B) contains a member of a development authority; may join that development authority under this article. (b) A qualifie…

Sec. 5. (a) This section applies to a county, qualified city, third class city, or town authorized to establish or join a development authority under this article. (b) A county, qualified city, third class city, or town described in subsection (a) shall be a member of the develop…

Sec. 6. A county or municipality that withdraws from a development authority under section 5 of this chapter is liable to the development authority for any unpaid transfers under: (1) IC 36-7.6-4-2; or (2) an agreement between the members of the development authority and the deve…

Sec. 7. (a) A development authority is governed by a development board appointed under this section. (b) A development board is composed of five (5) members appointed by written agreement of the executives of the members of the development authority. (c) A member appointed to the…

Sec. 9. (a) A member appointed to a development board serves a four (4) year term. A member may be reappointed to subsequent terms. (b) A member of a development board may only be removed from the development board before the expiration of the four (4) year term by written agreem…

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article. As added by P.L.83-2020, SEC.2.

Sec. 10. "Regional transportation authority" means a regional transportation authority established under IC 36-9-3. As added by P.L.83-2020, SEC.2.

Sec. 2. "Airport authority" refers to an airport authority established under IC 8-22-3. As added by P.L.83-2020, SEC.2.

Sec. 3. "Commuter transportation district" refers to a commuter transportation district established under IC 8-5-15. As added by P.L.83-2020, SEC.2.

Sec. 4. "Comprehensive development plan" refers to a comprehensive strategic economic development plan prepared under IC 36-7.7-3-4. As added by P.L.83-2020, SEC.2.

Sec. 5. "Development authority" refers to the central Indiana regional development authority established under IC 36-7.7-3-1. As added by P.L.83-2020, SEC.2.

Sec. 6. "Economic development project" means an economic development project described in IC 6-3.6-2-8. As added by P.L.83-2020, SEC.2.

Sec. 7. "Eligible political subdivision" means any of the following: (1) A county. (2) A municipality. (3) An airport authority. (4) A commuter transportation district. (5) A regional transportation authority. (6) A public transportation corporation under IC 36-9-4. As added by P…

Sec. 8. "Strategy committee" refers to the strategy committee composed of members selected according to the terms of the preliminary development plan. As added by P.L.83-2020, SEC.2.

Sec. 9. "Preliminary development plan" means a preliminary strategic economic development plan prepared under IC 36-7.7-3-3. As added by P.L.83-2020, SEC.2.

Sec. 1. This chapter applies to all units. [Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 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.1. Amended by P.L.251-1993, SEC.1.

Sec. 1.6. As used in this chapter, "machine" includes outdoor equipment. As added by P.L.26-2026, SEC.4.

Sec. 1.8. As used in this chapter, "outdoor equipment" means a mechanical device that: (1) is powered by a motor; (2) is designed to be used outdoors for the purpose of facilitating or assisting in the performance of tasks associated with: (A) home or lawn maintenance; or (B) con…

Sec. 11. (a) As used in this section, "election" refers to an election described in IC 3-5-1-2. (b) As used in this section, "sign" refers to a sign, the surface area of which is not greater than thirty-two (32) square feet. For purposes of determining the surface area of a sign …

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…