Title 36, LOCAL GOVERNMENT

Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county exe…

Sec. 7. (a) The petitioners must obtain the consent by ordinance of the legislative body of a consolidated city before incorporating a town if any part of the proposed town is within four (4) miles of the corporate boundaries of the city. The legislative body of the consolidated …

Sec. 7.1. The petitioners in a county having a population of more than seventy-nine thousand (79,000) and less than eighty thousand (80,000) are exempt from: (1) the requirements of section 7(a) of this chapter; and (2) the requirements of section 7(b) of this chapter if the seco…

Sec. 8. (a) The county executive may approve a petition for incorporation only if it finds all of the following: (1) That the proposed town is used or will, in the reasonably foreseeable future, be used generally for commercial, industrial, residential, or similar purposes. (2) T…

Sec. 9. This section applies only to a petition filed after June 30, 2013. A petition for incorporation may not be refiled within two (2) years after the date: (1) the petition was denied under section 8(b)(2) of this chapter; or (2) of the election at which a majority of voters …

Sec. 1. (a) Each township is known as ___________ Township of _____________ County, according to the name of the township and the county in which it is located. (b) The county executive may adopt an order to change the name of the townships in the county. A change of name under t…

Sec. 10. After abolition of a township, the county auditor shall determine the rate of taxation necessary to pay the township indebtedness existing at the time the township was abolished. The auditor shall place the tax rate on the tax duplicate for the abolished township, collec…

Sec. 11. (a) An action taken by a county executive under this chapter may be appealed to the circuit court of the county. The appeal shall be heard de novo on all questions presented. (b) If the court orders the name change, alteration, or abolition of a township to take place, t…

Sec. 12. If any territory in a county is not included in one (1) of the townships established under this chapter, the territory is included in the township that: (1) is contiguous to that territory; and (2) contains the least population of all townships contiguous to that territo…

Sec. 13. If any territory in a county is included in more than one (1) of the townships established under this chapter, the territory is included in the township that: (1) is one (1) of the townships in which the territory is described under this chapter; (2) is contiguous to tha…

Sec. 2. Accurate descriptions of township boundaries shall be maintained in the records of the county executive. [Pre-Local Government Recodification Citation: 17-1-19-2.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 3. (a) When part of a township is owned by the state or the United States, devoted to a public use, and withdrawn from taxation for local purposes, and: (1) less than eighteen (18) square miles of the township remains subject to taxation; or (2) the township is divided into …

Sec. 4. The fact that each person signing the petition described in section 3 of this chapter is a resident freeholder must be verified by affidavit. [Pre-Local Government Recodification Citations: 17-4-3-1 part; 17-4-4-2 part.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 5. (a) Townships other than those described in section 3 of this chapter may be altered or abolished by the issuance of an order by the county executive on receipt of a petition signed by a majority of the freeholders of the affected township or townships. The alteration or …

Sec. 5.5. (a) This section applies to an area that meets the following conditions: (1) Contains not more than seven hundred (700) acres. (2) Has a river along at least twenty-five percent (25%) of the perimeter of the area. (3) Abuts a different township from the township in whic…

Sec. 6. (a) This section does not apply to a township that is altered under IC 36-1-1.5. (b) After creation of a township or alteration of a township's boundaries, the township must have: (1) a surface area of at least twelve (12) square miles and an assessed valuation of at leas…

Sec. 7. After abolition of a township or alteration of a township's boundaries, the former territory of the township comprises a taxing district for the payment of township indebtedness existing at the time of the abolition or alteration. [Pre-Local Government Recodification Cita…

Sec. 8. When fixing the rate of taxation necessary to pay township indebtedness existing at the time of a disannexation, the township executive and the township legislative body shall fix the same rate for the disannexed territory as for territory remaining in the township. The t…

Sec. 9. Territory annexed to a township may not be taxed for payment of township indebtedness existing at the time of the annexation. [Pre-Local Government Recodification Citation: 17-4-5-3.] As added by Acts 1980, P.L.212, SEC.5.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 5 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance un…

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981, P.L.309, SEC.1.

Sec. 1.5. "Accessory dwelling unit" means a self-contained living unit internal to or on the same lot or parcel as a single family dwelling that: (1) does not exceed the lesser of: (A) seventy-five percent (75%) of the interior habitable area (gross floor area) of the single fami…

Sec. 10. "Metropolitan development commission" means the plan commission established by IC 36-7-4-202(c) for a county having a consolidated city. The term does not include a metropolitan plan commission established under IC 36-7-4-202(a). As added by Acts 1981, P.L.309, SEC.10.

Sec. 11. "Metropolitan plan commission" means an advisory plan commission cooperatively established by a county and a second class city under IC 36-7-4-202(a). The term does not include the metropolitan development commission established by IC 36-7-4-202(c). [Pre-Local Government…

Sec. 12. "Municipal plan commission" means a city plan commission or a town plan commission. [Pre-Local Government Recodification Citations: 18-7-4-103; 18-7-5-3 part.] As added by Acts 1981, P.L.309, SEC.12.

Sec. 13. "Park board" means board of parks and recreation or board of park commissioners. [Pre-Local Government Recodification Citations: 18-7-4-111 part; 18-7-4-2 part; 18-7-5-3 part.] As added by Acts 1981, P.L.309, SEC.13.

Sec. 14. "Plan commission", unless preceded by a qualifying adjective, means an advisory plan commission, an area plan commission, or a metropolitan development commission. The term does not include a regional planning commission established under IC 36-7-7. [Pre-Local Government…

Sec. 14.5. "Planned unit development" means development of real property: (1) in the manner set forth by the legislative body in the zoning ordinance; and (2) that meets the requirements of the 1500 series of IC 36-7-4. As added by P.L.320-1995, SEC.2.

Sec. 15. "Planning department" refers to an area planning department under the area planning law. [Pre-Local Government Recodification Citations: 18-7-4-113; 18-7-4-2 part; 18-7-5-3 part.] As added by Acts 1981, P.L.309, SEC.15.

Sec. 16. "Public place" includes any tract owned by the state or a political subdivision. [Pre-Local Government Recodification Citations: 18-7-4-115; 18-7-4-2 part; 18-7-5-3 part.] As added by Acts 1981, P.L.309, SEC.16.

Sec. 17. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley. [Pre-Local Government Recodification Citations: 18-7-7-3(b); 18-7-7.1-2(b).] As added by Acts 1981, P.L.309, SEC.17.

Sec. 18. "Redevelopment" includes the following activities: (1) Acquiring real property in areas needing redevelopment. (2) Replatting and determining the proper use of real property acquired. (3) Opening, closing, relocating, widening, and improving public ways. (4) Relocating, …

Sec. 18.5. "Remediation" has the meaning set forth in IC 13-11-2-186. As added by P.L.221-2007, SEC.29.

Sec. 19. "Subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by the legislative body under IC 36-7-4. [Pre-Local Government Recodification Citation: 18…

Sec. 2. "Advisory plan commission" means a municipal plan commission, a county plan commission, or a metropolitan plan commission. [Pre-Local Government Recodification Citations: 18-7-3-8 part; 18-7-4-111 part; 18-7-5-3 part.] As added by Acts 1981, P.L.309, SEC.2.

Sec. 20. "Thoroughfare" means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and …

Sec. 22. "Zoning ordinance" refers to an ordinance adopted under the 600 series of IC 36-7-4 or under prior law. The term includes: (1) PUD district ordinances (as defined in IC 36-7-4-1503); and (2) all zone maps incorporated by reference into the ordinance as provided in the 60…

Sec. 3. "Area needing redevelopment" means an area in which normal development and occupancy are undesirable or impossible because of any of the following: (1) Lack of development. (2) Cessation of growth. (3) Deteriorated or deteriorating improvements. (4) Environmental contamin…

Sec. 4. "Board of zoning appeals", unless preceded by a qualifying adjective, refers to a board of zoning appeals under either the advisory planning law, the area planning law, or the metropolitan development law. [Pre-Local Government Recodification Citations: 18-7-4-104; 18-7-4…

Sec. 4.5. As used in this chapter, "Class 1 structure" has the meaning set forth in IC 22-12-1-4. As added by P.L.73-2026, SEC.14.

Sec. 4.7. As used in this chapter, "Class 2 structure" has the meaning set forth in IC 22-12-1-5. As added by P.L.73-2026, SEC.15.

Sec. 5. "Comprehensive plan" means a composite of all materials prepared and approved under the 500 series of IC 36-7-4 or under prior law. It includes a master plan adopted under any prior law. The comprehensive plan is separate from any zoning ordinance as defined in section 22…

Sec. 6. "Development plan" means a specific plan for the development of real property that: (1) requires approval by a plan commission under the 1400 series of IC 36-7-4; (2) includes a site plan; (3) satisfies the development requirements specified in the zoning ordinance regula…

Sec. 6.5. "Excluded city" means a city or town that is located within a county having a consolidated city as described in IC 36-3-1-7. As added by P.L.161-2021, SEC.1.

Sec. 6.8. "Homeowners association" has the meaning set forth in IC 32-25.5-2-4. As added by P.L.73-2026, SEC.16.

Sec. 7. "Housing authority" refers to a housing authority established under IC 36-7-18. [Pre-Local Government Recodification Citation: 18-7-12-3(a).] As added by Acts 1981, P.L.309, SEC.7.