Ind. Code § 36-1-3-11 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-11
"Election"; "sign"; certain sign ordinances unenforceable, time period; public safety exception
Status: in_force

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 under this section, if a sign consists of two (2) faces, only the surface area of one (1) of the faces is considered if both of the following apply:

(1) The faces are mounted back to back.

(2) The measure of the angle between the faces is not more than fifteen (15) degrees.

(c) Subject to subsection (d), an ordinance or a regulation of a political subdivision relating to the number or size of signs is unenforceable during the following period:

(1) Beginning sixty (60) days before an election.

(2) Ending at the beginning of the sixth day after the election.

(d) This section does not prohibit a political subdivision from enforcing an ordinance or regulation relating to the number or size of signs at any time if necessary to ensure public safety.

As added by P.L.211-2017, SEC.1.
Ind. Code § 36-9-27.4-5 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-5
"Owner" defined
Status: in_force

Sec. 5. As used in this chapter, "owner" means a person who holds a possessory legal interest in land.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-11.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-12
Repealed
Status: repealed

As added by P.L.234-2007, SEC.288. Repealed by P.L.114-2022, SEC.30.
Ind. Code § 36-7-13-10.1 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-10.1
Application for designation of district in first or second class city
Status: in_force

Sec. 10.1. (a) This section applies to a:

(1) first class city; or

(2) second class city.

(b) After approval by ordinance or resolution of the legislative body of a city described in subsection (a), the executive of the city may submit an application to an advisory commission on industrial development requesting that one (1) area within the city be designated as a district under section 12.1 of this chapter. However, the total number of districts designated in a city under this chapter after June 30, 2003, (excluding districts designated before July 1, 2003) may not exceed one (1).

As added by P.L.224-2003, SEC.236.
Ind. Code § 36-2-9-4 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-4
Legal action on days office is closed
Status: in_force

Sec. 4. A legal action required to be taken in the auditor's office on a day when the auditor's office is closed under section 3 of this chapter may be taken on the next day the auditor's office is open.

[Pre-Local Government Recodification Citation: 17-3-2-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.52.
Ind. Code § 36-8-22-12 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-12
Meet and confer; advisory opinion; mediation and conciliation
Status: in_force

Sec. 12. (a) An exclusive recognized representative of the employees of an employer that elects to meet and confer with an employer must notify the employer in writing that the exclusive recognized representative intends to exercise its rights under this chapter.

(b) Except as provided by section 13 of this chapter, an employer who has received a written notice under subsection (a) shall meet and confer in good faith at reasonable times, including meeting in advance of the budget making process, to discuss issues and proposals regarding wages, hours of employment, and other conditions and terms of employment with the exclusive recognized representative.

(c) If the employer and exclusive recognized representative are unable to reach an agreement concerning the issues listed in subsection (b), either party may request an advisory opinion from the commissioner of labor or the commissioner's designee. However, the commissioner of labor may not consider the following issues when rendering an advisory opinion under this subsection:

(1) Discipline.

(2) Individual grievances.

(3) Any other issue that the commissioner considers inappropriate.

A party may request not more than one (1) advisory opinion per year under this subsection.

(d) If the employer or the exclusive recognized representative is not satisfied with the process under this section, either party may appeal to the commissioner of labor to request mediation and conciliation under IC 22-1-1-8(4).

(e) If the employer or the exclusive recognized representative makes an appeal under subsection (d), the commissioner of labor shall appoint, within thirty (30) days of the request, a temporary board or designee to:

(1) hear arguments from both parties; and

(2) issue a written recommendation for resolution.

(f) The administrative cost of the meeting under subsection (b), advisory opinion under subsection (c), and mediation under subsections (d) and (e) must be:

(1) divided equally between; and

(2) paid by;

the employer and the exclusive recognized representative.

(g) The parties must pay the administrative costs for an advisory opinion under subsection (c) or a mediation under subsections (d) and (e) to the department of labor within ten (10) days after the commissioner issues an advisory opinion or written recommendation.

(h) The department of labor shall transfer any amounts received under subsection (g) for an advisory opinion or mediation to the treasurer of state for deposit in the state general fund.

As added by P.L.48-2007, SEC.1. Amended by P.L.6-2022, SEC.2.
Ind. Code § 36-8-10.5-12 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-12
Best practices fund
Status: in_force

Sec. 12. (a) The best practices fund is established for the purpose of providing matching grants to political subdivisions and volunteer fire departments to purchase equipment and other gear to implement best practices established under section 11 of this chapter.

(b) The fund shall be administered by the department.

(c) The fund consists of:

(1) appropriations from the general assembly; and

(2) amounts deposited from any other public or private source.

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(f) Money in the fund at the end of the state fiscal year does not revert to the state general fund.

(g) The department shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.72-2020, SEC.3. Amended by P.L.238-2025, SEC.101.
Ind. Code § 36-9-4-52 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-52
Property tax exemption
Status: in_force

Sec. 52. Property acquired by a municipality or public transportation corporation under this chapter is exempt from property taxes.

[Pre-Local Government Recodification Citation: 19-5-2-36.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-1-8-7 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-7
Bank deposit or cash on hand constituting pledge or guaranty
Status: in_force

Sec. 7. A bank deposit or cash on hand, together with any accrued interest, constituting a pledge or guaranty on behalf of a political subdivision shall be deposited as a part of the funds of the political subdivision and be credited to the proper funds by the officers having custody of those funds after one (1) year has elapsed after the period for which the pledge or guaranty has been posted to a special account.

[Pre-Local Government Recodification Citation: 18-6-11-4.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-32-1 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-6-1-3 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-3
Alteration of boundaries; withdrawal of state or federally owned land from taxation; petition; effective date of alteration
Status: in_force

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 two (2) or more separate sections by the government owned part;

the county executive may issue an order to alter the boundaries of the township and adjoining townships on receipt of a petition signed by at least thirty-five percent (35%) of the resident freeholders of a part of the township adjoining another township.

(b) A boundary alteration under this section is effective when a copy of the order is filed with:

(1) the circuit court clerk; and

(2) the office of the secretary of state.

[Pre-Local Government Recodification Citations: 17-1-19-3; 17-4-3-1 part; 17-4-4-1 part; 17-4-4-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989, SEC.117; P.L.3-1997, SEC.466; P.L.123-2000, SEC.13; P.L.113-2010, SEC.129; P.L.104-2022, SEC.171.
Ind. Code § 36-5-1.2-8 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-8
Appeal of decision; notice and bond
Status: in_force

Sec. 8. To begin an appeal under section 7 of this chapter, a person must do the following not more than thirty (30) days after adoption of the resolution by the town legislative body:

(1) Give written notice of the appeal to the legislative body.

(2) File a bond with the town clerk-treasurer that meets the following conditions:

(A) Is in the amount of five hundred dollars ($500).

(B) Has surety on the bond approved by the legislative body.

(C) Provides the following:

(i) The appeal will be duly prosecuted.

(ii) The appellants will pay all costs of the appeal if the appeal is decided against the appellants.

As added by P.L.258-1993, SEC.1.
Ind. Code § 36-1-29.5-11 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-11
Qualifications for a grant or loan
Status: in_force

Sec. 11. To qualify for a grant or loan from a fund, an individual must be:

(1) a graduate of an Indiana college or university who:

(A) was a resident of another state before enrolling at the Indiana college or university;

(B) relocates to a location within the unit; and

(C) accepts and commences employment with an employer located within the unit under the terms of an incentive agreement;

(2) an out-of-state resident who relocates to a location within the unit in order to accept and commence employment with an employer located within the unit under the terms of an incentive agreement; or

(3) an out-of-state resident who relocates to a location within the unit and works remotely for an employer, regardless of the employer's domicile.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-4-9-2 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-2
Appointment of department heads; approval by certain boards and commissions; eligibility
Status: in_force

Sec. 2. (a) Notwithstanding any other law, the city executive shall appoint the head of each department established under section 4 of this chapter. However, the executive's appointment of the head of the department is subject to the approval of any statutory board or commission established in the department, including and limited to:

(1) the works board, if a department of public works is established;

(2) the safety board, if a department of public safety is established;

(3) the board of parks and recreation, if a department of parks and recreation is established;

(4) the city plan commission, if a planning department is established;

(5) the economic development commission, if a department of economic development is established;

(6) the redevelopment commission, if a department of redevelopment is established;

(7) the board of sanitary commissioners, if a department of public sanitation is established;

(8) the board of flood control commissioners, if a department of flood control is established;

(9) the utility service board, if a department of utilities is established;

(10) the waterworks board of trustees, if a department of waterworks is established; and

(11) the board of aviation commissioners, if a department of aviation is established.

(b) Each department head appointed under subsection (a) must have the qualifications required by statute for that department.

(c) To be eligible to be appointed as a member of a city board established under section 5 of this chapter, a person must be a resident of the city.

(d) This section does not apply to departments, boards, or commissions established by interlocal cooperation agreements under IC 36-1-7 or to other joint entities established by law.

[Pre-Local Government Recodification Citations: Part new; 18-1-6-4 part; 18-1-6-5 part; 18-5-13-1.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.22; P.L.185-1988, SEC.2.
Ind. Code § 36-7-15.2-14 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-14
Appeal by aggrieved person; bond; procedure
Status: in_force

Sec. 14. (a) A person who filed a written remonstrance with the commission under section 11 of this chapter and is aggrieved by the final action taken may, within ten (10) days after that final action, file an appeal in the office of the clerk of the circuit or superior court with a copy of the resolution of the commission and the person's remonstrance against that resolution.

(b) If an appeal is filed, the commission may petition that the appeal be dismissed unless the remonstrator posts a bond with a surety approved by the court payable to the commission for the payment of all damages and costs that may accrue by reason of the filing of the lawsuit if the commission prevails. A hearing on a petition to dismiss an appeal shall be conducted in the same manner as a hearing on a temporary injunction under IC 34-26. If at the hearing the court determines that the remonstrator cannot establish facts that would entitle the remonstrator to a temporary injunction, the court shall set the amount of the bond to be filed by the remonstrator in an amount found by the judge to cover all damages and costs that may accrue to the commission because of the appeal if the commission prevails. If no bond is filed by the remonstrator with sureties approved by the court within ten (10) days after the court's order is entered, the suit shall be dismissed, and no court has further jurisdiction of the appeal or any other lawsuit involving any issue that was or could have been raised on the appeal.

(c) The burden of proof in the appeal is on the remonstrator, and a change of venue from the county may not be granted.

(d) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of the filing of the appeal. Notwithstanding any other law, the court shall decide the appeal based on the record and evidence before the commission, not by trial de novo, and may sustain the remonstrance only if it finds that the actions of the commission in adopting the resolution were arbitrary and capricious.

(e) The court may confirm the final action of the commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions. An appeal to the court of appeals or supreme court has priority over all other civil appeals.

(f) Either the remonstrator or the commission may appeal the court order to the Indiana supreme court within the ten (10) day period by notice of appeal on a statement of errors in the same manner as is provided in a petition for mandate or prohibition. The supreme court may stay the lower court order pending its own decision, may set a bond to be filed by the remonstrator, may modify the order of the lower court, or may enter its order as the final order in a case.

As added by P.L.84-1987, SEC.13. Amended by P.L.1-1998, SEC.208.
Ind. Code § 36-9-29-37 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-37
Supplementary proceedings to cure defects or irregularities; objections
Status: in_force

Sec. 37. (a) If any defects or irregularities occur in any of the proceedings had under this chapter, the defects or irregularities may be cured by supplementary proceedings of the same general nature as those provided for by this chapter. Only those parties whose interests or property are directly and adversely affected by the defects or irregularities may object to them.

(b) It is not necessary to delay the general course of the proceedings while defects or irregularities are being corrected or supplied.

(c) If an objection is filed with the circuit court, superior court, or probate court and the objection is overruled or decided adversely to the objecting party, the court costs incurred in the filing, hearing, and determination of the objection shall be taxed to the objecting party. If the objection is sustained or determined in favor of the objecting party, then the costs shall be taxed to the flood control district.

[Pre-Local Government Recodification Citation: 19-4-18-10 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.84-2016, SEC.195.
Ind. Code § 36-2-12-14 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-14
Appeal of survey; procedure
Status: in_force

Sec. 14. (a) The owner of property surveyed under this chapter may appeal that survey to the circuit court, superior court, or probate court for the county within one hundred eighty (180) days.

(b) When an appeal is taken under this section, the surveyor shall immediately transmit copies of the relevant field notes and other papers to the court, without requiring an appeal bond.

(c) The court may receive evidence of any other surveys of the same premises. If the court decides against the original survey, it may order a new survey to be made by a competent person other than the person who did the original survey, and it shall:

(1) determine the true boundary lines and corners of the lands included in the survey; and

(2) order the county surveyor to:

(A) locate and perpetuate the boundary lines and corners according to the court's findings by depositing durable markers in the proper places, below the freezing point;

(B) mark the boundary lines and corners; and

(C) enter the boundary lines and corners in the county surveyor's field notes.

(d) A new survey made under this section may be appealed under this section.

[Pre-Local Government Recodification Citations: 17-3-58-5 part; 17-3-67-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.170; P.L.159-2018, SEC.8; P.L.99-2023, SEC.3.
Ind. Code § 36-1-13-6 — Indiana Code / Title 36 / Article 1 / Chapter 13 / Section 36-1-13-6
Finality of decisions; additional awards
Status: in_force

Sec. 6. (a) A decision of the entity designated or established under the ordinance or resolution that establishes a program is final as to the following:

(1) The eligibility of a measure or a suggestion for an award.

(2) The amount of an award.

(b) An employee of a political subdivision that establishes a program under this chapter is not entitled to an award other than is provided in this chapter and under the ordinance or resolution that establishes a program.

As added by P.L.254-1993, SEC.1.
Ind. Code § 36-10-8-12 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-12
Capital improvement fund; deposit of tax revenues; expenditures
Status: in_force

Sec. 12. Unless there are bonds outstanding under this chapter, any tax revenues received by the board from the treasurer of the state as provided by law shall be deposited in a separate and distinct fund called the "capital improvement fund". Any money in the fund may be expended by the board without the necessity of an appropriation to pay:

(1) operating expenses and maintain reasonable reserves;

(2) for services of architects, engineers, accountants, attorneys, and consultants;

(3) for all or part of the cost of a capital improvement;

(4) the principal on, or interest of, any bonds issued under this chapter that cannot be paid from money in the capital improvement bond fund; or

(5) for any other purpose that has been budgeted and approved under section 8 of this chapter.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-10-16-22 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-22
Acquiring property
Status: in_force

Sec. 22. (a) The commission shall comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. A purchasing agency (as defined in IC 5-22-2-25) of a political subdivision or other eligible participant may enter into a lease for property with the commission at any price and under any other terms and conditions as may be determined by the political subdivision or eligible participant.

(b) The commission may purchase real property and shall first approve the price to be offered to the owner of each parcel of interest. For properties and interests in real property that:

(1) are not for sale at auction; or

(2) have a total purchase price (including land and structures, if any) of at least seventy-five thousand dollars ($75,000);

the initial price to be offered may not exceed the average of two (2) independent appraisals of fair market value procured by the commission, except that appraisals are not required in transactions with other governmental agencies. The price offered may not exceed the average of the two (2) appraisals unless specifically authorized by the commission or ordered by a court in condemnation proceedings. Appraisals made under this subsection are for the information of the commission and are not public records or open for public inspection. Negotiations for the purchase of property may be carried on directly by the commission, by its employees, or by expert negotiators, but no option, contract, or understanding related to the purchase of real property is binding on the commission until approved and accepted by the commission in writing. The commission may also authorize the payment of a nominal fee to bind an option and as a part of the consideration for conveyance may agree to pay the expense incident to the conveyance and determination of the title of the property. Payment for the property purchased shall be made when and as directed by the commission, but only on delivery of proper instruments conveying the title or interest of the owner to the "Midwest Continental Divide Commission". All real property and interests in real property acquired by the commission are free and clear of all governmental liens, assessments, and other governmental charges except for current property taxes, which shall be prorated to the date of acquisition.

(c) Notwithstanding subsections (a) and (b), the commission may, before the time referred to in this section, accept gifts of property if the property is free and clear of all governmental liens other than taxes, assessments, and other governmental charges. The commission may, before the time referred to in this section, take options on or contract for the acquisition of property if the options and contracts are not binding on the commission until the time referred to in this section and until money is available to pay the consideration set out in the options or contracts.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-1-14-5 — Indiana Code / Title 36 / Article 1 / Chapter 14 / Section 36-1-14-5
Foundation and trust for county hospital sale proceeds
Status: in_force

Sec. 5. (a) This section applies only to a county that meets the following:

(1) The county sells a county hospital before January 1, 2017.

(2) The county council and county executive of the county adopt ordinances under this section to establish a charitable nonprofit foundation after June 30, 2018.

(b) As used in this section, "board" means the board of trustees of a foundation established under subsection (f).

(c) As used in this section, "foundation" means a charitable nonprofit foundation established under subsection (d).

(d) A county council and a county executive may, by adopting substantially similar ordinances, establish a charitable nonprofit foundation to hold some or all of the proceeds of the sale of a county hospital in trust for the benefit of the county.

(e) Nothing in subsection (d) shall be construed as superseding, replacing, or modifying any previously adopted ordinance or agreement that effectuates:

(1) monetary disbursements from the previously executed asset purchase agreement; and

(2) distributions from the previously executed asset purchase agreement;

to an Indiana nonprofit corporation.

(f) If a foundation is established under this section, the board of trustees of the foundation consists of the following five (5) members:

(1) One (1) member of the county council, appointed by the president of the county council.

(2) One (1) member of the county executive, appointed by the president of the county executive.

(3) One (1) individual who has at least five (5) years of experience as a certified public accountant, a financial adviser, a banker, or an investment manager, appointed by the president of the county council.

(4) One (1) individual who has at least five (5) years of experience as a certified public accountant, a financial adviser, a banker, or an investment manager, appointed by the president of the county executive.

(5) The county treasurer.

A member who serves on the board under this subsection is not entitled to compensation for service as a board member. Subject to the approval of the policy by the county council and the county executive, the board may establish a policy to reimburse a member of the board for the member's travel expenses and other expenses actually incurred in connection with the member's duties.

(g) The county treasurer shall serve as the chairperson of the board.

(h) The board of a foundation established under this section shall contract with a financial institution eligible to receive public funds of a political subdivision under IC 5-13-8-1 to assist the board in its investment program.

(i) The county council and the county executive shall do the following:

(1) Formulate an investment policy that ensures that money held by the foundation is invested in accordance with IC 30-2-12.

(2) Establish a policy concerning distributions of income and principal from the foundation.

A policy concerning distributions of income and principal that is established under subdivision (2) must specify that, except as provided in subsection (j)(6), the board may not expend or transfer money from the principal amount of the donation to the foundation.

(j) The following apply if a foundation is established under this section:

(1) The county council and the county executive shall determine:

(A) the amount of the proceeds from the sale of the county hospital that shall be transferred by the county fiscal officer to the foundation; and

(B) the amount of excess money received by the county from the annual rate of spending distributed by the foundation that shall be transferred by the county fiscal officer to the foundation, if any.

(2) The principal amount of the donation to the foundation consists of the following:

(A) The amounts transferred to the foundation under subdivision (1).

(B) Any donations, gifts, or other money received from any private source.

(C) Any investment income that is:

(i) earned on the principal of the donation; and

(ii) added to the principal of the donation as provided in subdivision (3).

(3) To the extent that investment income earned on the principal amount of the donation during a calendar year exceeds five percent (5%) of the amount of the principal at the beginning of the calendar year, that excess investment income shall, for purposes of this section, be added to and be considered a part of the principal amount of the donation.

(4) The county council and county executive shall establish a policy to set the annual rate of spending from the foundation. The rate of spending established by the county council and county executive may not exceed five percent (5%) of the principal amount of the donation calculated on January 1 of each year. The county council and county executive may change the annual rate of spending by a majority vote of the members of the county council and a majority vote of the members of the county executive. Any principal that is disbursed from the foundation to the county is not subject to the procedures to access the principal amount of the donation described in subdivision (6).

(5) The county council and county executive may not access the principal amount of the donation in the first five (5) years from the date the foundation is established under this section. Beginning after the fifth year from the date the foundation is established under this section, the county council and county executive may access the principal amount of the donation in accordance with subdivision (6).

(6) This subdivision does not apply to an expenditure or transfer of money that is part of the principal amount of the donation that is used to meet the annual rate of spending and does not exceed the annual rate of spending established under subdivision (4). The county council and county executive may approve an expenditure or transfer of any money that is part of the principal amount of the donation in accordance with the following:

(A) The county council and county executive may access the lesser of ten percent (10%) of the three (3) year average balance or two million dollars ($2,000,000) from the principal amount of the donation as follows:

(i) A vote of five (5) of the seven (7) members of the county council and a majority vote of the county executive at a joint meeting of the county council and the county executive must vote in favor of accessing the principal amount of the donation.

(ii) A vote under item (i) to access the principal amount of the donation may occur not more than one (1) time per year.

(iii) The three (3) year average balance is based on the opening balance of the principal amount of the donation on the first day of the month of each of the thirty-six (36) months immediately preceding the joint meeting of the county council and the county executive described in item (i).

(B) If the county council and county executive wish to access an amount from the principal amount of the donation that is more than the amount available under clause (A) but not more than fifty percent (50%) of the principal amount of the donation, the board shall proceed as follows:

(i) Five (5) of the seven (7) members of the county council and a majority vote of the county executive at a joint meeting of the county council and the county executive must vote in favor of accessing the principal amount of the donation. The votes of the county council and the county executive at the joint meeting must occur on two (2) occasions as provided in item (ii).

(ii) The votes described in item (i) must occur on two (2) occasions that are at least one (1) year apart but not more than two (2) years apart.

(iii) The votes described in item (i) must be based on identical language in an ordinance that sets forth the approved use of the funds accessed from the principal amount of the donation.

If the language in an ordinance under this clause is different from the language used in the first vote, the process to vote on accessing the principal amount of the donation must start over. The process to access the principal amount of the donation described in this clause may be used only once in any five (5) year period after the expiration of the five (5) year period in which the principal amount may not be accessed under subdivision (5).

(C) To compute the five (5) year period described in clause (B), the period begins from the date on which the second vote to access the principal amount of the donation occurs.

(7) The foundation must be audited annually by an independent third party auditor.

(8) The board must meet at least quarterly to receive a quarterly compliance and performance update from the investment adviser.

(k) A unit located in a county to which this section applies may enter into an interlocal agreement under IC 36-1-7 with the county council, the county executive, and the board to invest funds obtained by the unit from the sale of a capital asset into the foundation established under this section. An interlocal agreement entered into under this subsection must contain the following:

(1) Funds transferred to the foundation from the sale of a capital asset under this subsection must be held in a separate account within the foundation and are not subject to the requirements of accessing principal and income established in this section.

(2) A policy concerning distributions of income and principal from the unit's account within the foundation.

The department of local government finance may not reduce the actual or maximum permissible property tax levy under IC 6-1.1-18.5 or any other law of a unit that enters into an interlocal agreement under this subsection on account of money transferred into or expended from a foundation established under this section.

(l) Notwithstanding any provision to the contrary, in order to fulfill the purposes for which it was created and exists, the board shall establish one (1) or more separate accounts within the foundation in which funds under subsection (j)(2) shall be held, all upon request and direction of the county council and county executive. All of the provisions and requirements for accessing principal and income under this section shall also apply to any such separate accounts established within the foundation under this subsection.

(m) Subject to subsection (j)(5), money from the principal amount of the donation may be used for any legal or corporate purpose of the county, including the pledge of money to pay bonds, leases, or other obligations under IC 5-1-14-4. Money from the principal amount of the donation that is expended or transferred under subsection (j)(6) may be used to pay bonds issued by the county. The county council and the county executive may vote once under subsection (j)(6) to expend or transfer money from the principal amount of the donation to pay interest on bonds issued by the county.

(n) The department of local government finance may not reduce the county's actual or maximum permissible property tax levy under IC 6-1.1-18.5 or any other law on account of money deposited into or expended from a foundation established under this section.

As added by P.L.183-2018, SEC.1. Amended by P.L.40-2021, SEC.2.
Ind. Code § 36-7-3-13 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-13
Vacation of proceedings; filing of remonstrances and objections; grounds; denial of petition
Status: in_force

Sec. 13. (a) A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds:

(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.

(2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient.

(3) The vacation would hinder the public's access to a church, school, or other public building or place.

(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

(b) If a remonstrance or objection is filed or raised by an aggrieved person under subsection (a)(2) and:

(1) the lands of the aggrieved person do not abut any other public way other than the public way to which the vacation petition applies; or

(2) the vacation of the public way would cause the lands of the aggrieved person to become landlocked with no other convenient or reasonable means of ingress or egress via another public way;

the appropriate legislative body shall deny the petition to vacate the public way.

[Pre-Local Government Recodification Citation: 18-5-10-45.]

As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983, SEC.1; P.L.126-2011, SEC.4; P.L.38-2021, SEC.86.
Ind. Code § 36-7-7.5-1 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following counties:

(1) A county having a population of more than forty-three thousand five hundred (43,500) and less than forty-five thousand (45,000).

(2) A county having a population of more than nineteen thousand eight hundred fifty (19,850) and less than twenty thousand (20,000).

(3) A county having a population of more than ten thousand (10,000) and less than twelve thousand (12,000).

As added by P.L.168-1990, SEC.1. Amended by P.L.12-1992, SEC.168; P.L.170-2002, SEC.156; P.L.119-2012, SEC.198; P.L.104-2022, SEC.179.
Ind. Code § 36-7-30.2-17 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-17
Mediation
Status: in_force

Sec. 17. The unit may use mediation or other conflict resolution processes to resolve an adverse impact determination with the commander.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-9-27-57 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-57
Establishing new regulated drains; affirmative findings by surveyor; additional lands affected; procedure
Status: in_force

Sec. 57. (a) If the county surveyor, in the county surveyor's preliminary report, or the board, after a hearing under section 56 of this chapter, finds that the report concerning each of the three (3) subdivisions of section 55 of this chapter should be in the affirmative, the county surveyor shall determine if any land other than that described in the petition will be affected by the proposed drain. If the county surveyor finds that additional land will be affected, the county surveyor shall make a written report to the board, setting forth the boundary of the additional area of affected land.

(b) After receiving the county surveyor's report under subsection (a), the board shall determine if the petition describes an area of land equal to three-fourths (3/4) or more of all the affected land.

(c) If the board's determination under subsection (b) is in the negative, the board shall enter an order dismissing the petition, unless within a time specified by the board a supplementary petition describing a sufficient area contiguous to the area described in the original petition, with the signatures required to qualify the supplementing petition, is filed with the board. The board shall serve a copy of the report of the county surveyor and order of dismissal upon the attorney for petitioner. The dismissal does not prohibit the subsequent filing of a proper petition.

(d) If the county surveyor determines that additional land will be affected by the proposed drain, and that the petition described a sufficient area of land, the county surveyor shall prepare a written report describing the boundary of the additional area and have a copy of the report served on the attorney for the petitioner. The petitioner, within thirty (30) days after service of the report upon the petitioner's attorney, shall file with the county surveyor an amendment to the petition, including:

(1) the names and addresses of the owners of all land within the additional area described in the county surveyor's report; and

(2) a legal description of each owner's land.

The names, addresses, and legal descriptions shall be described in the manner prescribed by section 54(c)(2) of this chapter. If the petitioner fails to file the amendment to the petition within the thirty (30) day period, or within any additional time granted to the petitioner by the county surveyor or the board, the county surveyor shall report that fact to the board at its next meeting. The board shall then enter an order dismissing the petition and serve a copy of the order on the attorney for the petitioner.

(e) If the county surveyor determines that the petition described all of the land that may be affected by the proposed drain, or if the county surveyor determines otherwise and a proper amendment to the petition is filed under subsection (d), the county surveyor shall immediately fix a date, hour, and place for a hearing before the board on the petition and shall have written notice of the hearing served on the attorney for the petitioner. The date of the hearing may not be less than thirty (30) nor more than forty (40) days after the date of service of notice upon the petitioner's attorney. The surveyor shall call a special meeting of the board for the date, time, and place fixed in the notice unless a meeting of the board is already scheduled for the date, time, and place.

[Pre-Local Government Recodification Citation: 19-4-2-6.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.346.
Ind. Code § 36-7-9-25 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-25
Manner of serving notice
Status: in_force

Sec. 25. (a) Notice of orders, notice of continued hearings without a specified date, notice of a statement that public bids are to be let, and notice of claims for payment must be given by:

(1) sending a copy of the order or statement by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested;

(2) delivering a copy of the order or statement personally to the person to be notified;

(3) leaving a copy of the order or statement at the dwelling or usual place of abode of the person to be notified and sending by first class mail a copy of the order or statement to the last known address of the person to be notified; or

(4) sending a copy of the order or statement by first class mail to the last known address of the person to be notified.

If a notice described in subdivision (1) is returned undelivered, a copy of the order or statement must be given in accordance with subdivision (2), (3), or (4).

(b) If service is not obtained by a means described in subsection (a) and the hearing authority concludes that a reasonable effort has been made to obtain service, service may be made by publishing a notice of the order or statement in accordance with IC 5-3-1 in the county where the unsafe premises are located. However, publication must be made two (2) times, at least one (1) week apart:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1 in the county where the unsafe premises are located; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of the county where the unsafe premises are located.

The second publication must be made at least three (3) days before an event described in subsection (a). If service of an order is made by publication, the publication must include the information required by section 5(b)(1), 5(b)(2), 5(b)(4), 5(b)(5), 5(b)(6), 5(b)(7), and 5(b)(9) of this chapter, and must also include a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from the enforcement authority. The hearing authority may make a determination about whether a reasonable effort has been made to obtain service by the means described in subsection (a) on the basis of information provided by the department (or, in the case of a consolidated city, the enforcement authority). The hearing authority is not required to make the determination at a hearing. The hearing authority must make the determination in writing.

(c) When service is made by any of the means described in this section, except by mailing or by publication, the person making service must make an affidavit stating that the person has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. The affidavit must be placed on file with the enforcement authority.

(d) The date when notice of the order or statement is considered given is as follows:

(1) If the order or statement is delivered personally or left at the dwelling or usual place of abode, notice is considered given on the day when the order or statement is delivered to the person or left at the person's dwelling or usual place of abode.

(2) If the order or statement is mailed, notice is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the enforcement authority.

(3) Notice by publication is considered given on the date of the second day that publication was made.

(e) A person with a property interest in an unsafe premises who does not:

(1) record an instrument reflecting the interest in the recorder's office of the county where the unsafe premises is located; or

(2) if an instrument reflecting the interest is not recorded, provide to the department (or, in the case of a consolidated city, the enforcement authority) in writing the person's name and address and the location of the unsafe premises;

is considered to consent to reasonable action taken under this chapter for which notice would be required and relinquish a claim to notice under this chapter.

(f) The department (or, in the case of a consolidated city, the enforcement authority) may, for the sake of administrative convenience, publish notice under subsection (b) at the same time notice is attempted under subsection (a). If published notice is given as described in subsection (b), the hearing authority shall subsequently make a determination about whether a reasonable effort has been made to obtain service by the means described in subsection (a).

[Pre-Local Government Recodification Citation: 18-5-5.5-22.]

As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1981, P.L.45, SEC.27; P.L.59-1986, SEC.15; P.L.169-2006, SEC.69; P.L.194-2007, SEC.12; P.L.164-2019, SEC.7; P.L.152-2021, SEC.40.
Ind. Code § 36-1-4-10 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-10
Acceptance of donations
Status: in_force

Sec. 10. A unit may accept donations of money or other property and execute any documents necessary to receive money or other property from the state or federal government or any other source.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(8); 18-1-1.5-2(15); 18-4-2-30.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-9-15-2 — Indiana Code / Title 36 / Article 9 / Chapter 15 / Section 36-9-15-2
Authorization of funds and tax levies
Status: in_force

Sec. 2. (a) A county fiscal body may establish cumulative building funds under IC 6-1.1-41 or sinking funds in the same manner as cumulative funds are established under IC 6-1.1-41 for the:

(1) construction, repair, remodeling, enlarging, and equipment of:

(A) a county jail; or

(B) a juvenile detention center to be operated under IC 31-31-9;

(2) purchase, lease, or payment of all or part of the purchase price of motor vehicles for the use of a community corrections program; or

(3) in a county having a consolidated city, purchase, lease, or payment of all or part of the purchase price of motor vehicles for the use of the sheriff's department.

(b) The county fiscal body may levy taxes to provide money for:

(1) cumulative building funds established under this chapter in compliance with IC 6-1.1-41; or

(2) sinking funds established under this chapter in the same manner a tax is levied for a cumulative fund under IC 6-1.1-41.

(c) IC 6-1.1-41 applies to a sinking fund under this chapter to the same extent as if the sinking fund was a cumulative fund.

[Pre-Local Government Recodification Citation: 17-3-84-1 part.]

As added by Acts 1981, P.L.309, SEC.88. Amended by P.L.82-1985, SEC.5; P.L.17-1995, SEC.31; P.L.1-1997, SEC.156; P.L.67-2012, SEC.6.
Ind. Code § 36-9-10-4 — Indiana Code / Title 36 / Article 9 / Chapter 10 / Section 36-9-10-4
Maintenance costs
Status: in_force

Sec. 4. (a) If a county is required to pay for the maintenance and operation of municipal street lights under this chapter, the amount to be paid by the county shall be determined under this section.

(b) If the contract for the maintenance and operation of the lighting system calls for payment for the system as a whole, the county shall pay the amount that bears the same ratio to the total contract price as the number of lights to be paid for by the county bears to the total number of lights contracted for.

(c) If subsection (b) does not apply, the county shall pay the amount determined by multiplying the price paid by the municipality for the maintenance and operation of each light by the number of lights required to be paid for by the county.

[Pre-Local Government Recodification Citation: 18-5-16-3.]

As added by Acts 1981, P.L.309, SEC.83.
Ind. Code § 36-7-1-17 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-17
"Public way"
Status: in_force

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.
Ind. Code § 36-8-22.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 22.5 / Section 36-8-22.5-3
"Written agreement"
Status: in_force

Sec. 3. As used in this chapter, "written agreement" means a written agreement that:

(1) a unit executes after June 30, 2019, with an employee organization for the unit's fire or police department employees; and

(2) includes terms regarding employee:

(A) salary;

(B) wages; and

(C) salary and wage related fringe benefits, including health insurance, disability, retirement benefits, and paid time off.

As added by P.L.126-2019, SEC.1.
Ind. Code § 36-8-8-2 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-2
"Employer"
Status: in_force

Sec. 2. As used in this chapter, "employer" means:

(1) a municipality that established a 1925 or 1953 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;

(2) a unit that established a 1937 fund or that participates in the 1977 fund under section 3 or 18 of this chapter;

(3) a consolidated city that consolidated the fire departments of units that:

(A) established a 1937 fund; or

(B) participated in the 1977 fund;

before the units' consolidation into the fire department of a consolidated city established by IC 36-3-1-6.1;

(4) a consolidated city that establishes a consolidated law enforcement department under IC 36-3-1-5.1;

(5) an airport authority that participates in the 1977 fund under section 3 of this chapter; or

(6) a school corporation or charter school that participates in the 1977 fund under section 3 of this chapter.

[Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.227-2005, SEC.47; P.L.102-2023, SEC.6; P.L.135-2024, SEC.7.
Ind. Code § 36-7-32.5-21 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-21
Repealed
Status: repealed

As added by P.L.135-2022, SEC.28. Repealed by P.L.213-2025, SEC.320.
Ind. Code § 36-7-12-30 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-30
Refunding bonds
Status: in_force

Sec. 30. (a) If the fiscal body of the unit finds that a refunding of outstanding bonds issued under this chapter would be of benefit to the health and general welfare of the unit and would comply with this chapter, it may authorize the issuance of bonds in accordance with IC 5-1-5 to refund those outstanding bonds. A savings to the issuing body as provided in IC 5-1-5-2 is not required for the issuance of the refunding bonds, or the issuance of bonds to refund refunding bonds.

(b) Refunding bonds issued under this section are payable solely from revenues and receipts derived from:

(1) financing agreements with the users or developers of the facilities originally financed by the outstanding bonds, or related persons; or

(2) from payments made under guaranty agreements by developers, users, or related persons.

The financing agreements or guaranties may be new financing agreements or guaranties or amendments of the original financing agreements or guaranties.

(c) Refunding bonds issued under this section are not in any respect a general obligation of the unit, nor are they payable in any manner from revenues raised by taxation.

(d) Sections 18(b), 23, and 24 of this chapter do not apply to the issuance of refunding bonds under this section.

[Pre-Local Government Recodification Citation: 18-6-4.5-30.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.10; P.L.25-1987, SEC.56.
Ind. Code § 36-9-14-7 — Indiana Code / Title 36 / Article 9 / Chapter 14 / Section 36-9-14-7
Courthouse fund; transfer of funds to nonprofit corporation maintaining or renovating courthouse
Status: in_force

Sec. 7. (a) The tax money collected under this chapter shall be held in a special fund to be known as the courthouse fund.

(b) For purposes of this chapter and IC 36-9-14.5, the portion of the property tax levy designated for a courthouse described in section 2(b) of this chapter may be transferred to a nonprofit corporation that has a lease with the county requiring the corporation to maintain or renovate the courthouse. Before appropriated funds may be transferred to a qualified nonprofit corporation, the corporation must submit a plan for the use of the funds to the county fiscal body for its approval. An officer or employee of a corporation who receives funds under this section and knowingly uses the funds for a purpose other than a purpose approved by the fiscal body commits a Level 6 felony.

[Pre-Local Government Recodification Citation: 17-3-83-3 part.]

As added by Acts 1981, P.L.309, SEC.87. Amended by P.L.199-1988, SEC.2; P.L.1-1995, SEC.85; P.L.17-1995, SEC.27; P.L.158-2013, SEC.680.
Ind. Code § 36-7-34-4 — Indiana Code / Title 36 / Article 7 / Chapter 34 / Section 36-7-34-4
Establishment of qualified military base enhancement areas
Status: in_force

Sec. 4. A qualified military base enhancement area is established for each of the following:

(1) A technology park located within a radius of five (5) miles of a qualified military base. The geographic area of a qualified military base enhancement area established under this subdivision is the geographic area of the technology park.

(2) A county in which all or part of a qualified military base is located. The geographic area of a qualified military base enhancement area established under this subdivision is the geographic area of the county other than any area in which a technology park described in subdivision (1) is located.

As added by P.L.203-2005, SEC.16. Amended by P.L.180-2006, SEC.8.
Ind. Code § 36-1-12.5-6 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-6
Report before installation or remodeling
Status: in_force

Sec. 6. (a) Before the public utility or the qualified provider may install equipment in, make modifications to, or remodel a building or complex of buildings under a utility efficiency program or a guaranteed savings contract, the public utility or the qualified provider (whichever applies) must issue a report that includes estimates for the following:

(1) All costs attributable to the work stipulated in the agreement or the contract, including the costs of design, engineering, installation, maintenance, repairs, or debt service.

(2) The amounts by which:

(A) energy or water consumption;

(B) wastewater costs; or

(C) operating costs;

will be reduced.

(3) The amounts by which billable revenues will be increased.

(b) The report must also contain a listing of contractors and subcontractors to be used by the public utility or the qualified provider with respect to the conservation measures.

As added by P.L.24-1993, SEC.6. Amended by P.L.168-2006, SEC.14.
Ind. Code § 36-5-1.1-8 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-8
Residents' challenge to sufficiency or validity of petition
Status: in_force

Sec. 8. The county executive shall permit the residents of the town to submit evidence challenging the sufficiency or the validity of either:

(1) a petition or resolution for dissolution; or

(2) a petition opposed to dissolution.

As added by P.L.342-1987, SEC.2.
Ind. Code § 36-2-14-22 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-22
Providing climate controlled environment
Status: in_force

Sec. 22. A coroner shall exercise reasonable care in providing a climate controlled environment for the purpose of retarding decomposition of a human body in the coroner's custody.

As added by P.L.58-2007, SEC.1.
Ind. Code § 36-6-10-5 — Indiana Code / Title 36 / Article 6 / Chapter 10 / Section 36-6-10-5
Amount and manner of contributions to fund
Status: in_force

Sec. 5. A transfer of funds from a fund established under section 2 of this chapter for a purpose allowed under this chapter must be accomplished in the same manner that a township makes transfers from the rainy day fund as set forth in IC 36-1-8-5.1, except that the amount of the transfer of unobligated cash balances as described in IC 36-1-8-5.1(d)(2)(B)(iii) shall contribute thirty percent (30%) of the balance of all unrestricted funds that exceed the township's budget for the following year, as provided in the township's capital improvement plan under IC 36-6-9-12(b)(1).

As added by P.L.173-2025, SEC.39.
Ind. Code § 36-3-1-3 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-3
Interim government of first class city; powers of officers; budgets and appropriations; appointment of future directors
Status: in_force

Sec. 3. (a) The interim government of the first class city during the period prescribed by section 2(2) of this chapter consists of:

(1) the city executive, who is interim mayor and has the powers of the executive of a consolidated city;

(2) the city clerk, who is interim clerk and has the powers of the clerk of a consolidated city;

(3) the members of the city legislative body and the members of the county fiscal body, who together comprise an interim city-county council having the powers of the legislative body of a consolidated city; and

(4) the members of the city legislative body, who together comprise an interim special service district council having the powers of the legislative body of a special service district.

(b) The interim government shall make budgets and appropriations, and impose tax levies and special tax levies, for the consolidated city, the county, and other political subdivisions for the following year in the manner prescribed by this article.

(c) The interim mayor may appoint the future directors of the departments of the consolidated city to assist in planning for the change into a consolidated city, and the interim special service district council may make appropriations to finance this planning.

[Pre-Local Government Recodification Citations: 18-4-3-10 part; 18-4-15-2 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-9-39-27 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-27
Assessments against municipality; payment; property not liable for assessments; subrogation rights of municipality
Status: in_force

Sec. 27. (a) The municipal works board shall pay assessments made against the municipality under section 23(d) of this chapter from money appropriated to the use of the municipal works board for that purpose. The payment shall be made upon the completion and acceptance of the sewage works.

(b) Unless an ordinance expressly appropriates a greater amount for the specific sewage works, a payment under subsection (a) is limited to the following:

(1) Not more than five thousand dollars ($5,000) in a city.

(2) Not more than five hundred dollars ($500) in a town.

(c) The municipality shall also pay the part of the cost of the sewage works that would be assessable against property not liable for assessment if the property was liable for assessment. The payment shall be made from the municipal general fund upon the completion and acceptance of the sewage works.

(d) A municipality that pays assessments under this section is subrogated to the rights and remedies of the contractor constructing the sewage works.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-8-3.5-0.3 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-0.3
"Department"
Status: in_force

Sec. 0.3. As used in this chapter, "department" refers to:

(1) the police department of a unit;

(2) the fire department of a unit;

(3) a district; or

(4) a territory.

As added by P.L.207-2023, SEC.4.
Ind. Code § 36-9-8-2 — Indiana Code / Title 36 / Article 9 / Chapter 8 / Section 36-9-8-2
Persons authorized to attend school
Status: in_force

Sec. 2. The following persons may attend the annual road school at Purdue University:

(1) The county surveyor or county engineer of each county, and any other person authorized by the county executive.

(2) The civil engineer and traffic engineer of each municipality, and any other person authorized by the municipal executive.

[Pre-Local Government Recodification Citations: 17-3-66-1 part; 19-5-17-1 part; 19-5-18-1 part.]

As added by Acts 1981, P.L.309, SEC.81. Amended by Acts 1981, P.L.317, SEC.8.
Ind. Code § 36-9-40-3 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-3
Installation
Status: in_force

Sec. 3. A county may install private sewage disposal systems under this chapter.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-1-6-7 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-7
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 9-4-1-131 part; 17-2-2.5-9(d); 18-5-12.5-3.]

As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
Ind. Code § 36-9-15.5-3 — Indiana Code / Title 36 / Article 9 / Chapter 15.5 / Section 36-9-15.5-3
Repealed
Status: repealed

As added by P.L.44-1984, SEC.17. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-7.5-2-6 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-6
Meetings; quorum; affirmative votes; proxies prohibited
Status: in_force

Sec. 6. (a) The development authority is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. The development board is a governing body for purposes of IC 5-14-1.5.

(b) The development board shall meet at least quarterly.

(c) The chair of the development board may call a special meeting of the development board.

(d) Five (5) members of the development board constitute a quorum. However, if the county described in section (3)(d) of this chapter is an eligible county participating in the development authority, six (6) members of the development board constitute a quorum.

(e) Except as provided in subsection (h), the affirmative votes of at least five (5) members of the development board are necessary to authorize any action of the development authority. However, if the county described in section 3(d) of this chapter is an eligible county participating in the development authority, the affirmative votes of at least six (6) members of the development board are necessary to authorize any action of the development authority.

(f) Notwithstanding any other provision of this article, the minimum number of affirmative votes required under subsection (e) to take any of the following actions must include the affirmative vote of the member appointed by the governor who serves as chair:

(1) Making loans, loan guarantees, or grants or providing any other funding or financial assistance for projects.

(2) Acquiring or condemning property.

(3) Entering into contracts.

(4) Employing an executive director or any consultants or technical experts.

(5) Issuing bonds or entering into a lease of a project.

(g) A member of the board may not:

(1) designate another individual to attend a board meeting on behalf of the member in the member's absence; or

(2) allow another member of the board to cast a proxy vote on behalf of the member in the member's temporary absence from a meeting.

(h) This subsection only applies to a vote on matters that pertain strictly to a transit development district established under IC 36-7.5-4.5-17 on which the members of the development board appointed under section 3(b)(4) may cast a vote. The affirmative votes of at least six (6) members of the development board, which must include the chair, are necessary to authorize any action of the development authority.

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.58; P.L.192-2015, SEC.10; P.L.144-2020, SEC.3; P.L.165-2021, SEC.212.
Ind. Code § 36-2-9.5-3 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-3
Office location; business hours and days
Status: in_force

Sec. 3. The county auditor shall keep an office in a building provided at the county seat by the county executive. The auditor shall keep the office open for business during regular business hours on every day of the year except:

(1) Sundays;

(2) legal holidays; and

(3) days specified by the county executive according to the custom and practice of the county.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-7.7-5-4 — Indiana Code / Title 36 / Article 7.7 / Chapter 5 / Section 36-7.7-5-4
Reports
Status: in_force

Sec. 4. A development authority shall, before April 1 of each year, issue a report to the legislative council, the budget committee, the Indiana economic development corporation, and the executive, fiscal body, and legislative body of each member of the development authority concerning the operations and activities of the development authority during the preceding calendar year. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-2-10-15 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-15
Separate accounts of receipts and expenditures; general account; tax receipts
Status: in_force

Sec. 15. (a) The treasurer shall maintain:

(1) separate accounts of receipts for and expenditures from each specific county fund or appropriation; and

(2) a general account of all county receipts and expenditures.

(b) The treasurer may not enter in the treasurer's accounts money received for taxes charged on the duplicate of the current year until after the treasurer's settlement for that money under IC 6-1.1-27.

[Pre-Local Government Recodification Citation: 17-3-32-6.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.69.
Ind. Code § 36-7-11.2-29 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-29
Alternate persons on whom notice may be served
Status: in_force

Sec. 29. (a) A public officer or office entitled to receive notice may designate in writing filed with the commission alternate or additional persons to whom notice required to be served upon the officer or office shall also be served. The commission shall maintain a complete list of the persons and their addresses.

(b) A person, an official, or an office who or that is not served notice in the manner prescribed by this chapter is not considered properly notified unless the person has waived notice in writing.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-10-7.5-9 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-9
Sale of surplus property; appraisal
Status: in_force

Sec. 9. (a) The park governor may sell or order sold through a designated representative by public or private sale any personal property that the park governor has declared to be surplus and declared to have an aggregate appraised value not greater than five thousand dollars ($5,000).

(b) Whenever the park governor decides to sell at a private sale, the park governor must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish the following information in the manner provided in IC 5-3-1:

(1) The fact that a private sale will be held.

(2) The location of the sale.

(3) The dates of the beginning and end of the sale.

(4) The time of day during which the sale will take place.

(5) The kinds of items to be sold at the sale.

(6) The price of each kind of item, which may not be less than the reasonable selling price determined by the qualified appraiser.

(c) If the park governor decides to sell at a public sale, the park governor shall conduct the sale in the manner provided by law for the township to sell surplus property.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.12.
Ind. Code § 36-7.5-0.1-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 0.1 / Section 36-7.5-0.1-1
General assembly findings
Status: in_force

Sec. 1. The general assembly finds the following:

(1) The eligible counties face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type than those faced by other units of local government in Indiana.

(2) A unique approach is required to fully take advantage of the economic development potential of the Chicago, South Shore, and South Bend Railway and the Gary/Chicago International Airport and the Lake Michigan shoreline.

(3) The powers and responsibilities provided to the development authority are appropriate and necessary to carry out the public purposes of encouraging economic development and further facilitating the provision of air, rail, and bus transportation services, projects, and facilities, shoreline development projects, and economic development projects in the eligible counties.

As added by P.L.220-2011, SEC.667.
Ind. Code § 36-9-39-2 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-2
Transfer of powers and duties of municipal works board to utility service board; authorization
Status: in_force

Sec. 2. If a municipality has a utility service board that operates at least one (1) municipally owned utility, the municipal legislative body may by ordinance transfer the powers and duties of the municipal works board under this chapter to the utility service board.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-10-9-9 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-9
Treasurer; controller; duties; board of accounts audits
Status: in_force

Sec. 9. (a) The treasurer of the board is the official custodian of all funds and assets of the board and is responsible for their safeguarding and accounting. The treasurer shall give bond for the faithful performance and discharge of all duties required of the treasurer by law in the amount and with surety and other conditions that may be prescribed and approved by the board. All funds and assets in the capital improvement fund and the capital improvement bond fund created by this chapter and all other funds, assets, and tax revenues held, collected, or received by the treasurer of the county for the use of the board shall be promptly remitted and paid over by the county treasurer to the treasurer of the board, who shall issue receipts for them.

(b) The treasurer of the board shall deposit all funds coming into the treasurer's hands as required by this chapter and by IC 6-7-1-30.1, and in accordance with IC 5-13. Money so deposited may be invested and reinvested by the treasurer in accordance with general statutes relating to the investment of public funds and in securities that the board specifically directs. All interest and other income earned on investments becomes a part of the particular fund from which the money was invested, except as provided in a resolution, ordinance, or trust agreement providing for the issuance of bonds or notes. All funds invested in deposit accounts as provided in IC 5-13-9 must be insured under IC 5-13-12.

(c) The board shall appoint a controller to act as the auditor and assistant treasurer of the board. The controller shall serve as the official custodian of all books of account and other financial records of the board and has the same powers and duties as the treasurer of the board or the lesser powers and duties that the board prescribes. The controller and any other employee or member of the board authorized to receive, collect, or expend money, shall give bond for the faithful performance and discharge of all duties required of the controller in the amount and with surety and other conditions that may be prescribed and approved by the board. The controller shall keep an accurate account of all money due the board and of all money received, invested, and disbursed in accordance with generally recognized governmental accounting principles and procedure. All accounting forms and records shall be prescribed or approved by the state board of accounts.

(d) The controller shall issue all warrants for the payment of money from the funds of the board in accordance with procedures prescribed by the board but a warrant may not be issued for the payment of a claim until an itemized and verified statement of the claim has been filed with the controller, who may require evidence that all amounts claimed are justly due. All warrants shall be countersigned by the treasurer of the board or by the executive manager. Warrants may be executed with facsimile signatures.

(e) If there are bonds or notes outstanding issued under this chapter, the controller shall deposit with the paying agent or other paying officer within a reasonable period before the date that any principal or interest becomes due sufficient money for the payment of the principal and interest on the due dates. The controller shall make the deposit with money from the sources provided in this chapter, and shall make the deposit in an amount that, together with other money available for the payment of the principal and interest, is sufficient to make the payment. In addition, the controller shall make other deposits for the bonds and notes as is required by this chapter or by the resolutions, ordinances, or trust agreements under which the bonds or notes are issued.

(f) The controller shall submit to the board at least annually a report of the board's accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and receipts were derived and the purpose and manner in which they were disbursed. The board may require that the report be prepared by an independent certified public accountant designated by the board. The state board of accounts shall audit the accounts, books, and records of the board and prepare a financial report and a compliance audit report. The board shall submit to the city-county legislative body financial and compliance reports of the state board of accounts. The board shall post the reports of the state board of accounts on the board's Internet web site. The city-county legislative body shall discuss the financial and compliance reports of the state board of accounts in a public hearing. The handling and expenditure of funds is subject to supervision by the state board of accounts.

As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.19-1987, SEC.57; P.L.46-1997, SEC.17; P.L.182-2009(ss), SEC.457; P.L.181-2015, SEC.52.
Ind. Code § 36-9-42-5 — Indiana Code / Title 36 / Article 9 / Chapter 42 / Section 36-9-42-5
"Utility"
Status: in_force

Sec. 5. As used in this chapter, "utility" means the owner of a facility.

As added by P.L.79-2013, SEC.1.
Ind. Code § 36-8-3.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-3
Establishment; separate systems
Status: in_force

Sec. 3. (a) The legislative body of a unit (other than a township) may, by ordinance, establish a merit system under this chapter for the police or fire department of the unit. The legislative body of a township may, by resolution, establish a merit system under this chapter for the township's fire department. Before the merit system takes effect, however, the system must be approved by a majority of the active members of the department in a referendum.

(b) The legislative body shall specify in the adopting ordinance or resolution which of the provisions of this chapter that are left to its discretion are being adopted.

(c) If a merit system is established under this chapter for each department of a unit, each department has a separate merit system.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.180-2002, SEC.2.
Ind. Code § 36-3-5.5-6 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-6
Responsibility for compliance
Status: in_force

Sec. 6. The:

(1) executive;

(2) legislative body; and

(3) individual who holds an office described in section 1 of this chapter;

shall use all reasonable means to ensure that the individual who holds an office described in section 1 of this chapter complies with the training requirements established by section 2 of this chapter.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-1-24-5 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-5
"Permitted property"
Status: repealed

Sec. 5. As used in this chapter, "permitted property" means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. A permitted property may contain one (1) or more dwelling units offered as short term rentals.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-2-2-30 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-30
Employment of attorney to represent and advise executive
Status: in_force

Sec. 30. (a) The executive may employ and fix the compensation of an attorney to represent and advise the executive.

(b) For the purposes of Section 9, Article 2 of the Constitution of the State of Indiana, employment by a county executive as an attorney does not constitute a lucrative office.

As added by P.L.137-1989, SEC.12.
Ind. Code § 36-7-11.3-22 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-22
Material filed with commission
Status: in_force

Sec. 22. Notices, petitions, requests, or other written materials to be filed with the commission shall be filed with the clerk or clerk-treasurer and directed to the attention of the commission. The clerk or clerk-treasurer shall:

(1) maintain; and

(2) make available for public inspection;

all records of the commission at the offices of the clerk or clerk-treasurer.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-5; 14-3-3.2-23(f)(1).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-2-13-3 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-3
Meetings of county executive; attendance
Status: in_force

Sec. 3. The sheriff shall attend meetings of the county executive when required under IC 36-2-2-15(d).

[Pre-Local Government Recodification Citation: 17-1-14-6 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-31-19 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-19
Notice of taxes to be distributed to capital improvements board
Status: in_force

Sec. 19. The department shall notify the county auditor of the amount of taxes to be distributed to the capital improvement board.

As added by P.L.255-1997(ss), SEC.19.
Ind. Code § 36-10-4-31 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-31
Notice to mentally incompetent persons or minors; defects or irregularities in proceedings
Status: in_force

Sec. 31. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify this fact to its attorney. The attorney shall then apply to the court and secure the appointment of a guardian for the person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the protected person already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.

(b) If there are defects or irregularities of any kind in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings as to any other person. In case of a defect, supplementary proceedings of the same general character as those already prescribed may be had in order to cure it.

[Pre-Local Government Recodification Citation: 19-7-30-25.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.33-1989, SEC.129.
Ind. Code § 36-7-35-10 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-10
Period PMA ordinance is effective; required information in PMA ordinance
Status: in_force

Sec. 10. A PMA ordinance adopted under section 9 of this chapter must be in effect for at least one (1) year and not more than ten (10) years and must include the following:

(1) The geographic boundaries of the property maintenance area.

(2) A list or definition of:

(A) the types of property; and

(B) the maintenance activities;

that may entitle a taxpayer to a credit under IC 6-3.1-32.5.

(3) The eligibility qualifications for a contractor to perform maintenance activities within the property maintenance area.

(4) The criteria for a landlord to be eligible for a PMA certification.

(5) The amount of the qualified expenditures that may be certified under this chapter.

As added by P.L.144-2008, SEC.47.
Ind. Code § 36-1-12-2.2 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-2.2
Repealed
Status: repealed

As added by P.L.329-1985, SEC.13. Repealed by P.L.82-1995, SEC.20.
Ind. Code § 36-9-38-26 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-26
Notice of proposed assessments to property owners; contents
Status: in_force

Sec. 26. (a) Promptly after completion of all of the following, the municipal works board shall mail a notice, first class postage prepaid, to each owner of real property to be assessed:

(1) The filing of an adequate assessment.

(2) The determination of the cost of the improvement.

(3) The determination that adequate money will be available.

(b) The notices shall be mailed not later than twenty-one (21) days before the hearing date and must do all of the following:

(1) Set forth the amount of the proposed assessment.

(2) State that the proposed assessment on each parcel of real property in the district is on file and can be seen in the office of the works board.

(3) Set forth the date and time the works board will, at the works board's office, do the following:

(A) Receive written remonstrances against the assessments.

(B) Hear all owners of assessed real property who have filed written remonstrances before the date fixed for the hearing.

(c) The notices to the owners may be mailed to the owners' names and addresses appearing on the tax duplicates in the records of the county auditor.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7.5-3-3 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-3
Reports
Status: in_force

Sec. 3. The development authority shall before November 1 of each year issue a report to the legislative council, the budget committee, and the governor concerning the operations and activities of the development authority during the preceding state fiscal year. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-8-7.5-13.8 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-13.8
Death benefits paid to beneficiary or estate of member
Status: in_force

Sec. 13.8. (a) Benefits paid under this section are subject to section 1.5 of this chapter.

(b) The 1953 fund shall be used to pay twelve thousand dollars ($12,000) to the beneficiary or estate of a member of the fund, active or retired, who:

(1) dies from any cause after having served for one (1) year or more as an active member of the police department; or

(2) dies from any cause while in the actual discharge of the member's duties as a police officer after having served less than one (1) year as an active member of the police department.

Any member of the fund may name a beneficiary to receive the amount provided for upon the member's death by designating in writing in such form as is prescribed by the local board and delivered to the board. The beneficiary may be changed from time to time by the member by canceling the designation and delivering a new designation to the local board. If the member makes no designation of beneficiary, the sum provided for shall be paid to the member's estate.

As added by P.L.200-1984, SEC.4. Amended by P.L.346-1985, SEC.1; P.L.47-1988, SEC.4; P.L.55-1989, SEC.60; P.L.197-1993, SEC.5; P.L.169-1994, SEC.4; P.L.325-1995, SEC.1; P.L.231-1997, SEC.4; P.L.40-1997, SEC.8; P.L.49-1998, SEC.6; P.L.118-2000, SEC.21; P.L.28-2008, SEC.3.
Ind. Code § 36-4-3-5.2 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-5.2
Residential developments
Status: in_force

Sec. 5.2. (a) As used in this section, "homeowners association" means a corporation that satisfies all of the following:

(1) The corporation is exempt from federal income taxation under 26 U.S.C. 528.

(2) The control and management of the corporation is vested in a board of directors.

(3) The corporation is organized and operated exclusively for the benefit of two (2) or more persons who each own:

(A) a dwelling in fee simple; or

(B) a commercial building in fee simple;

within the residential development.

(4) The purpose of the corporation is to:

(A) own, maintain, and operate common areas and facilities;

(B) administer and enforce covenants and restrictions on property; and

(C) collect and distribute assessments on property;

located within the residential development.

(5) The corporation acts in accordance with the articles, bylaws, or other documents governing the corporation to:

(A) adopt and enforce rules and regulations necessary for the enjoyment of common areas, recreation facilities, and other amenities located within the residential development; and

(B) exercise the corporation's power to:

(i) levy assessments on property within the residential development; and

(ii) collect assessments on property located within the residential development by enforcing the corporation's lien and foreclosure rights.

(b) As used in this section, "municipality" means:

(1) a third class city; or

(2) a town having a population of more than thirty thousand (30,000) located in a county having a population of more than one hundred seventy-four thousand (174,000) and less than one hundred eighty thousand (180,000).

(c) As used in this section, "residential development" means a parcel of land that is subdivided or will be subdivided upon collection of the annexation into:

(1) lots, parcels, tracts, units, or interests that:

(A) include an existing Class 2 structure (as defined in IC 22-12-1-5); or

(B) are designated for the construction of a Class 2 structure;

each of which is encumbered by substantively identical restrictive covenants concerning one (1) or more servient estates located within the boundaries of the original undivided parcel, or other governing document of record;

(2) lots, parcels, tracts, units, or interests that:

(A) include an existing Class 1 structure (as defined in IC 22-12-1-4); or

(B) are designated for the construction of a Class 1 structure; and

(3) a common area.

(d) In addition to annexing territory under section 3, 4, 5, or 5.1 of this chapter, a third class city may annex a residential development and a public highway right-of-way that connects the residential development to the corporate limits of the third class city. A town described in subsection (b)(2) may annex a residential development. An annexation by a third class city or a town under this section must satisfy the following:

(1) This subdivision applies only to an annexation by a municipality. The residential development is governed by a homeowners association.

(2) The residential development has at least any combination of:

(A) three hundred (300) proposed or existing, or both, single family lots within the proposed or existing residential developments, in the case of an annexation by a third class city; or

(B) five hundred (500) proposed or existing, or both, single family lots within the proposed or existing residential developments, in the case of an annexation by a town described in subsection (b)(2).

(3) This subdivision applies only to an annexation by a municipality. The residential development is located in its entirety not more than four and five-tenths (4.5) miles outside the municipality's corporate boundaries.

(4) This subdivision applies only to an annexation by a third class city. The residential development dwellings are or will be upon construction connected to the third class city's sewer or water service.

(5) This subdivision applies only to an annexation by a municipality. The residential development includes a commercial area containing or proposed to contain buildings intended to be used and operated for commercial purposes.

(6) This subdivision applies only to an annexation by a third class city. The residential development is adjacent to the public highway right-of-way.

(7) This subdivision applies only to an annexation by a third class city. The public highway that connects the residential development to the corporate limits of the city is part of the state highway system (as defined in IC 8-23-1.1-39).

(8) This subdivision applies only to an annexation by a third class city. The city's annexation territory includes only the public highway right-of-way and the residential development.

(9) The aggregate external boundary of the annexation territory that coincides with the boundary of the third class city is greater than zero (0).

(10) This subdivision applies only to an annexation by a town described in subsection (b)(2). An existing sewer line extends from the residential development to the corporate limits of the town. The residential development is or will be upon construction connected to the town's sewer and water service.

(11) This subdivision applies only to an annexation by a town described in subsection (b)(2). The cost of construction of the residential development is at least five hundred million dollars ($500,000,000).

(12) The aggregate external boundary of the annexation territory that coincides with the boundary of the town described in subsection (b)(2) is zero (0).

(e) Unless the articles, bylaws, or other governing documents of the homeowners association expressly provide otherwise, the board of directors of the homeowners association may file a petition with the legislative body of the municipality requesting the municipality to annex all property within the residential development. The annexation may proceed only if the municipality adopts a resolution approving the initiation of the annexation process not more than sixty (60) days after the petition is filed. If the municipality does not adopt a resolution within the sixty (60) day period, the petition is void.

(f) If the legislative body of the municipality adopts a resolution approving initiation of the annexation, the municipality shall prepare a written preliminary fiscal plan that must be made available to the public at each of the outreach program meetings under section 1.7 of this chapter.

(g) Upon completion of the outreach program meetings and before mailing the notification to landowners under section 2.2 of this chapter, the legislative body of the municipality shall adopt a written fiscal plan by resolution that incorporates any revisions to the preliminary fiscal plan.

(h) The municipality shall hold a public hearing not earlier than thirty (30) days after the date the annexation ordinance is introduced. All interested parties must have the opportunity to testify as to the proposed annexation. Notice of the hearing shall be:

(1) published in accordance with IC 5-3-1 except that the notice shall be published at least thirty (30) days before the hearing; and

(2) mailed as set forth in section 2.2 of this chapter.

A municipality may adopt an ordinance not earlier than thirty (30) days or not later than sixty (60) days after the legislative body of the municipality has held the public hearing under this subsection.

(i) A landowner may file a remonstrance against the annexation as provided in section 11 of this chapter.

(j) Territory annexed under this section may not be considered a part of the third class city for purposes of annexing additional territory under section 3 or 4 of this chapter. However, territory annexed under this chapter shall be considered a part of the third class city for purposes of annexing additional territory under section 5 or 5.1 of this chapter.

(k) For purposes of an annexation by a third class city under this section:

(1) section 1.5 of this chapter does not apply; and

(2) the landowner of the public highway right-of-way that is part of the state highway system (as defined in IC 8-23-1.1-39) is considered to be the state of Indiana.

(l) The redevelopment commission of a town described in subsection (b)(2) may only enact a housing tax increment financing district in Liberty Township in Hendricks County if the housing tax increment financing district is approved by a resolution passed by the Mill Creek School Corporation.

(m) The following apply only to an annexation by a town described in subsection (b)(2):

(1) Any territory that is annexed under this section may not be considered a part of the town for purposes of annexing additional territory under section 3 or 4 of this chapter. However, any part of the unincorporated area (including any property occupied by the sewer line under subsection (d)(10)) that:

(A) adjoins the boundaries of the annexation territory; and

(B) extends one-half (1/2) mile from the boundaries of the annexation territory;

may only be annexed by the town if the annexation is under section 5.1 of this chapter.

(2) Any part of the unincorporated area (including any property occupied by the sewer line under subsection (d)(10)) that extends:

(A) outside the one-half (1/2) mile area described in subdivision (1); and

(B) to the corporate limits of the town;

is not a part of the annexation territory or the town for purposes of annexing additional territory under this chapter.

As added by P.L.70-2022, SEC.6. Amended by P.L.11-2023, SEC.115; P.L.82-2023, SEC.1; P.L.211-2025, SEC.2; P.L.145-2026, SEC.246.
Ind. Code § 36-7-22-7 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-7
Ordinance; establishing district
Status: in_force

Sec. 7. (a) After conducting a hearing on the proposed economic improvement district, the legislative body may adopt an ordinance establishing the economic improvement district if it determines that:

(1) the petition meets the requirements of this section and sections 4 and 5 of this chapter;

(2) the economic improvement projects to be undertaken in the district will provide special benefits to property owners in the district and will be of public utility and benefit;

(3) the benefits provided by the project will be new benefits that do not replace benefits existing before the establishment of the district; and

(4) the formula to be used for the assessment of benefits is appropriate.

(b) The legislative body may adopt the ordinance only if it determines that the petition has been signed by:

(1) at least sixty percent (60%) of the owners of real property within the proposed district; and

(2) the owners of real property constituting at least sixty percent (60%) of the assessed valuation in the proposed district.

(c) The signature of a person whose property:

(1) is:

(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;

(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(2) would be exempt from assessments under the ordinance;

may not be considered in determining whether the requirements of subsection (b) are met.

(d) In addition, the assessed valuation of any property that:

(1) is:

(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;

(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(2) would be exempt from assessment under the ordinance;

may not be considered in determining the total assessed valuation in the proposed district.

As added by P.L.195-1988, SEC.1. Amended by P.L.25-1993, SEC.12; P.L.113-2010, SEC.135; P.L.207-2018, SEC.3.
Ind. Code § 36-8-2.1-1.1 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-1.1
"Fire department"
Status: in_force

Sec. 1.1. As used in this chapter, "fire department" has the meaning set forth in IC 36-8-2.2-3.

As added by P.L.33-2020, SEC.2.
Ind. Code § 36-7-24-5 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-5
Public body; exercise of powers
Status: in_force

Sec. 5. An authority is a public body corporate and politic. The exercise of an authority's powers is an essential governmental function.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-5-3-2 — Indiana Code / Title 36 / Article 5 / Chapter 3 / Section 36-5-3-2
Compensation for officers and employees; fixing of annual compensation; determining increases or decreases in compensation
Status: in_force

Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to an elected town officer, including life insurance, health insurance, disability insurance, retirement benefits, and pension benefits. For purposes of determining an increase or decrease in compensation of an elected town officer, the term does not include any of the following:

(1) Payment of an insurance premium.

(2) Payments in recognition of:

(A) longevity;

(B) professional certifications; or

(C) educational advancements;

that are separately identified on a salary ordinance or resolution.

(3) Payment of a stipend or per diem allowed by statute.

(4) A payment authorized under subsection (d).

(b) The town legislative body shall, by ordinance, fix the compensation of its own members, the town clerk-treasurer, and the town marshal. An ordinance adopted under this subsection that fixes the annual compensation of an elected town officer shall provide for an annual, monthly, or biweekly salary schedule. An elected town officer is not required to report hours worked and may not be compensated based on the number of hours worked. The legislative body shall provide reasonable compensation for other town officers and employees.

(c) The compensation of an elected town officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year.

(d) The legislative body may provide that town officers (including elected town officers) and employees receive additional compensation for services that:

(1) are performed for the town;

(2) are not governmental in nature; and

(3) are connected with the operation of a municipally owned utility or function.

Subject to the approval of the legislative body, the administrative agency operating the utility or function shall fix the amount of the additional compensation, which shall be paid from the revenues of the utility or function.

[Pre-Local Government Recodification Citations: Part new; 18-3-1-34.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.17, SEC.26; P.L.351-1983, SEC.1; P.L.15-1993, SEC.4; P.L.209-2019, SEC.15.
Ind. Code § 36-9-2-8 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-8
Watercourses; establishment and control
Status: in_force

Sec. 8. A unit may establish, vacate, maintain, and control watercourses.

[Pre-Local Government Recodification Citations: 18-1-1.5-9 (Intro.); 18-1-1.5-9(h); 18-3-1-46 part; 18-4-2-22 part; 18-5-10-3 part; 18-5-10-4 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-7-14.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-7
Creation of redevelopment authority; subject to laws of general nature
Status: in_force

Sec. 7. (a) A ____________ Redevelopment Authority (the blank to be filled in with a name designated by the legislative body of the unit) may be created in the unit as a separate body corporate and politic and as an instrumentality of the unit to exercise any power granted to the authority under this chapter.

(b) An authority may be created by ordinance of the legislative body of the unit.

(c) An authority is subject to the same laws, rules, and ordinances of a general nature that apply to all other authorities and departments of the unit. An authority is:

(1) subject to audit by the state board of accounts under IC 5-11;

(2) covered by IC 5-14-1.5 (the public meetings law); and

(3) covered by IC 5-14-3 (the public records law).

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.3; P.L.149-2014, SEC.22.
Ind. Code § 36-7-30.5-35 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-35
Conditions on property development; development fees
Status: in_force

Sec. 35. (a) Notwithstanding any other law, a development authority may:

(1) impose conditions on the development of any property in a development area; and

(2) require the payment of development fees or other fees by private persons to pay, defray, or mitigate the costs of the construction, operation, and maintenance of infrastructure that is required or needed to serve the development, redevelopment, and reuse of property within the development area.

(b) Before a development authority may impose conditions under subsection (a)(1), the development authority shall adopt a written resolution finding that the conditions to be imposed are:

(1) necessary to carry out at least one (1) of the purposes of this chapter; and

(2) reasonably related in nature and extent to the impact upon the development, redevelopment, and reuse of the property upon which the conditions are imposed.

(c) Before a development authority may impose fees under subsection (a)(2), the development authority shall adopt a written resolution finding that:

(1) the infrastructure for which the fees are to be imposed is necessary to carry out at least one (1) of the purposes of this chapter and is required or needed to serve the development, redevelopment, and reuse of the property within the development area; and

(2) the fees to be imposed are reasonably related in nature and extent to the impact upon the infrastructure attributable to the development, redevelopment, and reuse of the property within the development area upon which the fees are imposed.

(d) Conditions imposed under subsection (a)(1) must be approved by the plan commission of the unit or other body responsible for developing a general plan for the unit. To approve the conditions, the plan commission or other body shall adopt a written resolution making the same findings required to be made by the development authority under subsection (b).

(e) Fees imposed under subsection (a)(2) must be deposited in the appropriate fund of the unit responsible for constructing, operating, and maintaining the particular infrastructure for which the fee has been imposed.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-5-4-8 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-8
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-6-11-5 part; 18-6-11-6 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1980, P.L.73, SEC.21. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 36-7-32.6-5 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-5
"Designating body"
Status: in_force

Sec. 5. As used in this chapter, "designating body" means the legislative body of the city.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-10-9.1-3 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-3
"Board" defined
Status: in_force

Sec. 3. As used in this chapter, "board" refers to the board of directors of the authority.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-7-11.3-53 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-53
Preservation area exemptions
Status: in_force

Sec. 53. Sections 54, 55, and 56 of this chapter do not apply to a preservation area except to the extent the legislative body adopts an ordinance or a resolution after notice and a public hearing to substitute for sections 54, 55, and 56 of this chapter the land development and use standards applicable to the primary area or primary properties that are appropriate to accomplish the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(f)(2).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-10-14-3 — Indiana Code / Title 36 / Article 10 / Chapter 14 / Section 36-10-14-3
Power; public playground
Status: in_force

Sec. 3. The board may establish, maintain, and equip public playgrounds to be used by children during the summer vacation period. The board may use the public school buildings and grounds in the cities as is necessary to carry out this chapter.

[Pre-2006 Education Finance Recodification Citation: 20-26-8-4(a) part.]

As added by P.L.2-2006, SEC.197.
Ind. Code § 36-8-21.5-12 — Indiana Code / Title 36 / Article 8 / Chapter 21.5 / Section 36-8-21.5-12
Department's review of report; recommendations
Status: in_force

Sec. 12. The department shall do the following not later than six (6) months after a county submits a report under section 11 of this chapter:

(1) Review the siren coverage report.

(2) Make any recommendations to the county that the department determines to be necessary to ensure comprehensive severe weather warning siren coverage for all residents of the county.

As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.171.
Ind. Code § 36-8-3.5-1.1 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-1.1
District; territory; establishment of system
Status: in_force

Sec. 1.1. (a) This section applies only to a district or territory.

(b) The governing board may, by resolution, establish a merit system under this chapter. Before the merit system takes effect, however, the merit system must be approved by a majority of the active members of the department in a referendum as provided in section 4 of this chapter. The governing board shall specify in the adopting resolution which provisions of this chapter are being adopted that are:

(1) applicable to the district or territory; and

(2) left to the governing board's discretion;

under this chapter.

(c) This chapter does not prevent a district or territory that has adopted a merit system under this chapter from later amending or deleting any provisions of the merit system contained in this chapter. However, the merit system must include a provision under which the commission has at least one-third (1/3) of its members elected by the active full-time members of the department, as set forth in section 8 of this chapter and a provision that incorporates the requirements of section 6(c) of this chapter. This subsection does not require the governing board under subsection (b) to establish a new merit system when the governing board exercises its power to amend under this subsection.

As added by P.L.207-2023, SEC.9.
Ind. Code § 36-8-2.2-5 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-5
Right of representation
Status: in_force

Sec. 5. (a) A firefighter has the right to be represented in any meeting under section 4 of this chapter by either or both of the following of the firefighter's own choosing and at the firefighter's own expense:

(1) Legal counsel.

(2) A labor organization representative or other representative.

(b) Nothing in this chapter prohibits a firefighter from waiving the firefighter's right of representation under this chapter.

As added by P.L.140-2017, SEC.1.
Ind. Code § 36-7.5-7-11.5 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-11.5
Lake County convention and event center authorizations
Status: in_force

Sec. 11.5. (a) Notwithstanding any other law:

(1) the northwest Indiana regional development authority is authorized to issue and sell bonds to the Indiana finance authority under chapter 4 of this article for the purpose of financing the Lake County convention and event center, to pay such bonds from lease rental payments received from the City of Gary, and to construct the Lake County convention and event center for lease to the City of Gary and the Lake County convention center authority;

(2) the City of Gary is authorized to lease the Lake County convention and event center from the northwest Indiana regional development authority for construction of the Lake County convention and event center and pledge amounts for payment of lease rentals;

(3) the Indiana finance authority is authorized to purchase bonds of the northwest Indiana regional development authority for the Lake County convention and event center; and

(4) the northwest Indiana regional development authority, the City of Gary, and the Indiana finance authority are authorized to enter into a governance agreement for the Lake County convention and event center.

(b) No action may be brought challenging any:

(1) lease;

(2) resolution;

(3) ordinance;

(4) contract;

(5) issuance of bonds;

(6) issuance of notes;

(7) issuance of obligations;

(8) decision; or

(9) other action taken under this article;

more than fifteen (15) days after the adoption of a resolution or ordinance approving an item described under this subsection.

(c) Upon the expiration of the fifteen (15) day period described in subsection (b), any item described in subsection (b) shall be conclusively presumed to be fully authorized under the laws of the state and any person shall be estopped from challenging the authorization, validity, execution of, delivery of, or issuance of any of the items described in subsection (b).

As added by P.L.157-2026, SEC.268.
Ind. Code § 36-7-39-5 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-5
Membership of the commission
Status: in_force

Sec. 5. (a) The commission consists of the following thirteen (13) members:

(1) Eleven (11) members who serve two (2) year terms as follows:

(A) Three (3) members appointed by the governor. The members appointed under this clause may not all be from the same political party.

(B) One (1) member appointed by the speaker of the house of representatives.

(C) One (1) member appointed by the minority leader of the house of representatives.

(D) One (1) member appointed by the president pro tempore of the senate.

(E) One (1) member appointed by the minority leader of the senate.

(F) Four (4) members appointed by the mayors and commissioners caucus of the northeast Indiana regional development authority established under IC 36-7.6. Of the members appointed under this clause, at least two (2) members must be individuals who:

(i) are involved in a local economic development organization; and

(ii) reside in a county that is located within the development area, with one (1) member from a county that has a population of less than fifty thousand (50,000) and one (1) member from a county that has a population of more than fifty thousand (50,000).

(2) The chief executive officer of the northeast Indiana regional partnership, who serves as a nonvoting member.

(3) The president of the Regional Chamber of Northeast Indiana, who serves as a nonvoting member.

(b) Each member of the commission must reside within the development area.

(c) Not more than three (3) members may reside in the same county.

As added by P.L.58-2021, SEC.1. Amended by P.L.186-2023, SEC.3.
Ind. Code § 36-9-27.2-2 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-2
"Department"
Status: in_force

Sec. 2. As used in this chapter, "department" refers to the Indiana state department of agriculture.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-8-6-8 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-8
Disability retirement; benefits; procedure for determination of disability and reinstatement; period of disability credited
Status: in_force

Sec. 8. (a) For a member who became disabled before July 1, 2000, the 1925 fund shall be used to pay a pension in a sum determined by the local board, but not exceeding:

(1) for a disability or disease occurring before July 1, 1982, fifty percent (50%); and

(2) for a disability or disease occurring after June 30, 1982, fifty-five percent (55%);

of the salary of a first class patrolman, to a member of the police department who has suffered or contracted a mental or physical disease or disability that renders the patrolman unable to perform the essential functions of any duty in the police department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act. If a member who becomes eligible for a disability pension has more than twenty (20) years of service, the member is entitled to receive a disability pension equal to the pension the member would have received if the member had retired on the date of the disability.

(b) Except as otherwise provided in this subsection, for a member who becomes disabled after June 30, 2000, the 1925 fund shall be used to pay a pension in a sum determined by the local board, but not exceeding fifty-five percent (55%) of the salary of a first class patrolman, to a member of the police department who has suffered or contracted a mental or physical disease or disability:

(1) that is:

(A) the direct result of:

(i) a personal injury that occurs while the fund member is on duty;

(ii) a personal injury that occurs while the fund member is off duty and is responding to an offense or a reported offense, in the case of a police officer; or

(iii) an occupational disease (as defined in IC 22-3-7-10), including a duty related disease that is also included within clause (B);

(B) a duty related disease (for purposes of this section, a "duty related disease" means a disease arising out of the fund member's employment. A disease is considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:

(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;

(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and

(iii) the disease can be traced to the fund member's employment as the proximate cause); or

(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and

(2) that renders the member unable to perform the essential functions of any duty in the police department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

If a member who becomes eligible for a disability pension has more than twenty (20) years of service, the member is entitled to receive a disability pension equal to the pension the member would have received if the member had retired on the date of the disability.

(c) Except as otherwise provided in this subsection, for a member who becomes disabled after June 30, 2000, the 1925 fund shall be used to pay a pension in a sum determined by the local board, but not exceeding fifty-five percent (55%) of the salary of a first class patrolman, to a member of the police department who has suffered or contracted a mental or physical disease or disability:

(1) that is not described in subsection (b)(1); and

(2) that renders the member unable to perform the essential functions of any duty in the police department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

If a member who becomes eligible for a disability pension has more than twenty (20) years of service, the member is entitled to receive a disability pension equal to the pension the member would have received if the member had retired on the date of the disability.

(d) The member must have retired from active service after a physical examination by the police surgeon or another surgeon appointed by the local board. The disability must be determined solely by the local board after the examination and a hearing conducted under IC 36-8-8-12.7. A member shall be retained on active duty with full pay until the member is retired by the local board because of the disability.

(e) After a member has been retired upon pension, the local board may, at any time, require the retired member to again be examined by the police surgeon or another surgeon appointed by the local board. After the examination the local board shall conduct a hearing under IC 36-8-8-12.7 to determine whether the disability still exists and whether the retired member should remain on the pension roll. The retired member shall be retained on the pension roll until reinstated in the service of the police department, except in case of resignation. If after the examination and hearing the retired member is found to have recovered from the member's disability and to be again fit for active duty, then the member shall be put on active duty with full pay and from that time is no longer entitled to payments from the 1925 fund. If the member fails or refuses to return to active duty, the member waives all rights to further benefits from the 1925 fund.

(f) If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below:

(1) the amount of the first full monthly pension received by that person; or

(2) fifty-five percent (55%) of the salary of a first class patrolman;

whichever is greater.

(g) Time spent receiving disability benefits is considered active service for the purpose of determining retirement benefits until the member has a total of twenty (20) years of service.

(h) A fund member who is receiving disability benefits under subsection (a) or (c) shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.

(i) A fund member who is receiving disability benefits under subsection (b) is entitled to:

(1) receive a disability benefit for the remainder of the fund member's life; and

(2) have the amount of the disability benefit computed under section 9 of this chapter when the fund member becomes fifty-five (55) years of age.

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by Acts 1981, P.L.182, SEC.4; Acts 1982, P.L.213, SEC.1; P.L.311-1989, SEC.2; P.L.171-1990, SEC.1; P.L.4-1992, SEC.34; P.L.118-2000, SEC.4; P.L.185-2002, SEC.5; P.L.62-2006, SEC.2.
Ind. Code § 36-7-11.2-35 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-35
Quorum
Status: in_force

Sec. 35. (a) A quorum of the commission consists of six (6) members. A quorum must be present for a public hearing on and the determination of a matter coming before the commission for which a public hearing is required under this chapter.

(b) Except as otherwise provided in this chapter, a majority vote of the members of the commission present and voting is required for the commission to take action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-14.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 14.2 / Section 36-7-14.2-2
Inclusion of certain exempted assessed value for purposes of tax rate calculation
Status: in_force

Sec. 2. Notwithstanding any other law, for assessment dates for which an exemption under IC 6-1.1-3-7.2 applies in a county, a tax rate for property taxes described in section 1 of this chapter must be calculated by including in the base assessed value (for purposes of this section only) the amount of the assessed value that would otherwise have been included in the base assessed value if the exemption under IC 6-1.1-3-7.2 were not in effect for the assessment date.

As added by P.L.80-2014, SEC.11.
Ind. Code § 36-12-13-4 — Indiana Code / Title 36 / Article 12 / Chapter 13 / Section 36-12-13-4
Contents of agreement
Status: in_force

Sec. 4. An interstate library compact agreement must:

(1) detail the specific nature of the services, facilities, properties, or personnel to which the compact is applicable;

(2) provide for the allocation of costs and other financial responsibilities;

(3) specify the respective rights, duties, obligations, and liabilities; and

(4) stipulate the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters that may be appropriate to the proper effectuation and performance of the agreement.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-11-4.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-30-3 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-3
Establishment of reuse authority; taxing districts; consolidated city
Status: in_force

Sec. 3. (a) A unit may establish a board of five (5) members to be known as the "_________ Reuse Authority", designating the name of the military base. Once a unit has established a reuse authority for a military base, no other unit may create a reuse authority for that portion of the military base that lies within the boundaries of that unit.

(b) All of the territory within the corporate boundaries of a municipality constitutes a taxing district for the purpose of levying and collecting special benefit taxes for reuse purposes as provided in this chapter. All of the territory in a county constitutes a taxing district for a county.

(c) All of the taxable property within a taxing district is considered to be benefited by reuse projects carried out under this chapter to the extent of the special taxes levied under this chapter.

(d) A county having a consolidated city may not establish a reuse authority for a military base located in an excluded city without the approval of the legislative body of the excluded city.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-1-12.5-10 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-10
Submission of contract to department of local government finance
Status: in_force

Sec. 10. The governing body shall submit the following to the department of local government finance's computer gateway not more than sixty (60) days after the date of execution of the guaranteed savings contract:

(1) A copy of the executed guaranteed savings contract.

(2) The:

(A) energy or water consumption costs;

(B) wastewater usage costs; and

(C) billable revenues, if any;

before the date of execution of the guaranteed savings contract.

(3) The documentation using industry engineering standards for:

(A) stipulated savings; and

(B) related capital expenditures.

As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.10; P.L.98-2002, SEC.7; P.L.1-2006, SEC.556; P.L.168-2006, SEC.18; P.L.109-2015, SEC.57; P.L.233-2015, SEC.331; P.L.157-2026, SEC.227.
Ind. Code § 36-8-16.8-2 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-2
"Public safety agency"
Status: in_force

Sec. 2. As used in this chapter, "public safety agency" has the meaning set forth in IC 10-10.5-1-5.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-7.5-4.5-21 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-21
Allocation and distribution of incremental property tax revenue in transit development district
Status: in_force

Sec. 21. (a) If a district is established, the county auditor in each county in which the district is located shall distribute to the development authority, or the redevelopment commission that would otherwise receive the incremental property tax revenues under IC 36-7-14 in the case of a cash participant county, the lesser of:

(1) the property tax increment revenue collected in the district in the amount specified by the development authority or redevelopment commission; or

(2) all the property tax increment revenue collected in the district.

In the case of a district that is established in a cash participant county, the county auditor shall distribute any excess district property tax revenue increment to the political subdivisions that would otherwise receive the revenue under IC 36-7-14 as if the increment were attributable to the base assessed value of the allocation area within the district.

(b) If a district established in a member county includes a tax area established under IC 36-7-14 before January 1, 2017, the development authority and the redevelopment commission receiving property tax revenues under IC 36-7-14 shall use their best efforts to come to an agreement on how much property tax increment revenue will be allocated between the development authority and the redevelopment commission, recognizing that any existing obligations of the redevelopment commission would have priority over any later obligations of the development authority. The county auditor shall distribute to the development authority the amount of property tax increment revenue that is allocated to the development authority.

(c) The development authority shall deposit all property tax increment revenue received in the appropriate district account in the south shore improvement and development fund.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-2-15-0.3 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-0.3
Transfer of personnel, property, obligations, funds of township assessors to county assessor; county assessor interview of township assessor employees
Status: reserved

Sec. 0.3. (a) The following are transferred to the county assessor:

(1) On July 1, 2008:

(A) employment positions as of June 30, 2008, of each elected township assessor in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008, including:

(i) the employment position of the elected township assessor; and

(ii) the employment positions of all employees of the elected township assessor;

(B) real and personal property of:

(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and

(ii) township trustee-assessors in the county;

used solely to carry out property assessment duties;

(C) obligations outstanding on June 30, 2008, of:

(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and

(ii) township trustee-assessors in the county;

relating to the assessment of tangible property; and

(D) funds of:

(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and

(ii) township trustee-assessors in the county;

on hand for the purpose of carrying out property assessment duties in the amount determined by the county auditor.

(2) On January 1, 2009:

(A) employment positions as of December 31, 2008, of each elected township assessor in the county whose duties relating to the assessment of tangible property are transferred to the county assessor as the result of a referendum under this chapter, as amended by P.L.146-2008, including:

(i) the employment position of the elected township assessor; and

(ii) the employment positions of all employees of the elected township assessor;

(B) real and personal property of elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor as the result of a referendum under this chapter, as amended by P.L.146-2008, used solely to carry out property assessment duties;

(C) obligations outstanding on December 31, 2008, of elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor as the result of a referendum under this chapter, as amended by P.L.146-2008, relating to the assessment of tangible property; and

(D) funds of elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor as the result of a referendum under this chapter, as amended by P.L.146-2008, on hand for the purpose of carrying out property assessment duties in the amount determined by the county auditor.

(b) Before July 1, 2008, the county assessor shall interview, or give the opportunity to interview to, each individual who:

(1) is an employee of:

(A) an elected township assessor in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; or

(B) a trustee-assessor in the county;

as of March 19, 2008; and

(2) applies before June 1, 2008, for an employment position referred to in subsection (a)(1)(A).

(c) Before December 31, 2008, the county assessor shall interview, or give the opportunity to interview to, each individual who:

(1) is an employee of an elected township assessor in the county whose duties relating to the assessment of tangible property are transferred to the county assessor as the result of a referendum under this chapter, as amended by P.L.146-2008, as of March 19, 2008; and

(2) applies before December 1, 2008, for an employment position referred to in subsection (a)(2)(A).

(d) A township served on June 30, 2008, by a township assessor whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008 shall transfer to the county assessor all revenue received after the date of the transfer that is received by the township for the purpose of carrying out property assessment duties in the amount determined by the county auditor.

As added by P.L.220-2011, SEC.645.
Ind. Code § 36-6-9-4.5 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-4.5
"Unrestricted funds"
Status: in_force

Sec. 4.5. As used in this chapter, "unrestricted funds" means cash reserves that are not:

(1) obligated by a township's following year budget;

(2) committed to a township's capital improvement plan;

(3) encumbered by a contract or purchase order;

(4) restricted for a specific use by state or federal law or other applicable state or federal rule;

(5) restricted by a contractual obligation; or

(6) restricted by a third-party.

As added by P.L.173-2025, SEC.35.
Ind. Code § 36-1-8-9.1 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-9.1
Legalization of certain funds established before July 1, 1997; fund considered riverboat fund for purposes of section 9 of this chapter
Status: in_force

Sec. 9.1. (a) A fund that:

(1) was established by a unit before July 1, 1997; and

(2) would have been considered a riverboat fund for purposes of section 9 of this chapter if section 9 of this chapter had been in effect before July 1, 1997;

is legalized and validated.

(b) A fund described in subsection (a) is considered a riverboat fund for purposes of section 9 of this chapter.

As added by P.L.220-2011, SEC.640.
Ind. Code § 36-9-22.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-2
"Sewage disposal system"
Status: in_force

Sec. 2. As used in this chapter, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes the following:

(1) A septic tank soil absorption system (as defined in IC 13-11-2-199.5).

(2) A constructed wetland septic system (as defined in IC 36-9-23-30.1(a)).

(3) An onsite sewage system (as defined in IC 13-11-2-144.8).

The term does not include a sewer system.

As added by P.L.150-2019, SEC.2.
Ind. Code § 36-7-32.6-10 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-10
"Income tax incremental amount"
Status: in_force

Sec. 10. As used in this chapter, "income tax incremental amount" means the remainder of:

(1) the total amount of state adjusted gross income taxes paid:

(A) by employees employed in the territory comprising the stadium development district with respect to wages and salary earned for work in the territory comprising the stadium development district; and

(B) by individuals who are not employees with respect to income received for services performed in the territory comprising the stadium development district;

for a particular state fiscal year; minus

(2) the income tax base period amount.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-31-20 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-20
Warrants
Status: in_force

Sec. 20. All distributions from the professional sports development area fund or the sports and convention facilities operating fund for the county shall be made by warrants issued by the state comptroller to the treasurer of state ordering those payments to the capital improvement board.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.418; P.L.9-2024, SEC.551.
Ind. Code § 36-1-12-11 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-11
Completion of project; procedure
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 11. (a) The board must, within sixty (60) days after the completion of the public work project, file in the department of homeland security a complete set of final record drawings for the public work project. However, this requirement does not apply to a public work project constructed at a cost less than one hundred thousand dollars ($100,000). In addition, the filing of the drawings is required only if the project involves a public building.

(b) The department of homeland security shall provide a depository for all final record drawings filed, and retain them for inspection and loan under regulated conditions. The fire prevention and building safety commission may designate the librarian of Indiana as the custodian of the final record drawings. The librarian shall preserve the final record drawings in the state archives as public documents.

[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]

As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.8-1984, SEC.124; P.L.329-1985, SEC.22; P.L.1-2006, SEC.554; P.L.187-2021, SEC.138.
Ind. Code § 36-7.5-1-15 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-15
"Regional bus authority project"
Status: in_force

Sec. 15. "Regional bus authority project" means a project that can be financed with the proceeds of bonds issued by a regional bus authority under IC 36-9-3.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-9-43-3 — Indiana Code / Title 36 / Article 9 / Chapter 43 / Section 36-9-43-3
"Regional transportation infrastructure project"
Status: in_force

Sec. 3. As used in this chapter, "regional transportation infrastructure project" means a project for the construction, reconstruction, rehabilitation, extension, or completion of:

(1) highways (including a state highway or bypass or an interstate highway or bypass), roads, streets, bridges, overpasses, interchanges, ramps, or access roads or service roads;

(2) rail lines, rail spurs, and sidings;

(3) airports, including runways, hangars, and other airport facilities; and

(4) a rail project as defined in IC 36-7.5-1-13.5;

within a county or municipality participating in a regional development authority.

As added by P.L.229-2017, SEC.43.
Ind. Code § 36-12-5-6 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-6
Expansion proposal; filing; notice; petition or remonstrance; procedure; duties of circuit court clerk; acceptance or rejection of expansion; resolution for expanded district
Status: in_force

Sec. 6. (a) The library board of a public library may file with the legislative body of a county an expansion proposal and a notice of intent to file a petition for acceptance of the expansion proposal. The proposal must include the information described in section 5 of this chapter. Not later than ten (10) days after the filing, the county auditor shall publish notice of the expansion proposal in the manner provided in IC 5-3-1.

(b) Beginning the first day after the notice is published, and during the period that ends sixty (60) days after the date of the publication of the notice, an individual who is a registered voter of a township or part of a township into which the public library seeks to expand may sign one (1) or both of the following:

(1) A petition in support of the expansion proposal.

(2) A remonstrance in opposition to the expansion proposal.

(c) A petition or a remonstrance under subsection (b) must be filed with the clerk of the circuit court in the county where the townships are located. A petition for acceptance of the expansion proposal must be signed by at least twenty percent (20%) of the registered voters of the townships or parts of townships into which the public library seeks to expand, as determined by the most recent general election.

(d) The following apply to a petition or remonstrance that is filed under subsection (c):

(1) The petition or remonstrance must show the following:

(A) The date on which each individual signed the petition or remonstrance.

(B) The residence of each individual on the date the individual signed the petition or remonstrance.

(C) On each page of a petition on which signatures are affixed, language substantially similar to the following: "PETITION IN SUPPORT OF EXPANSION OF THE (insert name of library district), WHICH SEEKS TO INCLUDE (insert names of the townships or parts of townships into which the library seeks to expand) IN ITS SERVICE DISTRICT.".

(D) On each page of a remonstrance on which signatures are affixed, language substantially similar to the following: "REMONSTRANCE AGAINST THE (insert name of library district) EXPANSION, WHICH SEEKS TO INCLUDE (insert names of the townships or parts of townships into which the library seeks to expand) IN ITS SERVICE DISTRICT.".

(2) The petition or remonstrance must include an affidavit of the individual circulating the petition or remonstrance, stating that each signature on the petition or remonstrance:

(A) was affixed in the individual's presence; and

(B) is the true signature of the individual who signed the petition or remonstrance.

(3) Several copies of the petition or remonstrance may be executed. A copy must include an affidavit described in subdivision (2). A signer may file the petition or remonstrance, or a copy of the petition or remonstrance. All copies constituting a petition or remonstrance must be filed on the same day.

(4) Not later than fifteen (15) days after a petition or remonstrance is filed, the clerk of the circuit court in the county in which the townships or parts of townships are located shall do the following:

(A) If a name appears more than one (1) time on a petition or on a remonstrance, the clerk must strike any duplicates of the name until the name appears only one (1) time on a petition or a remonstrance, or both, if the individual signed both a petition and a remonstrance.

(B) Strike from a petition or remonstrance the name of an individual who personally, in the clerk's office, makes a written and signed request for the clerk to strike the individual's name.

(C) Certify the number of signatures on the petition and remonstrance, if any, that:

(i) are not duplicates; and

(ii) represent individuals who are registered voters on the day the individuals signed the petition or remonstrance.

(D) Establish a record of certification in the clerk's office and file the original petition, the original remonstrance, if any, and a copy of the clerk's certification with the county legislative body.

The clerk of the circuit court may strike an individual's name from a petition or a remonstrance only as set forth in clauses (A) and (B).

(e) Not later than forty (40) days after the certification of a petition or remonstrance under subsection (d)(4), the county legislative body shall compare the petition and remonstrance, if any. If a remonstrance has not been filed or a greater number of voters have signed the petition than have signed the remonstrance, the county legislative body shall agree to the expansion by written resolution.

(f) Not later than ten (10) days after the written resolution establishing an expanded library district is adopted, the county legislative body shall submit a copy of the resolution for filing:

(1) in the office of the county recorder in the county where the administrative office of the public library is located; and

(2) with the Indiana state library.

The expansion is effective as of the date the written resolution is filed.

(g) If the number of registered voters who have signed a remonstrance against the establishment of an expanded library district is equal to or greater than the number who have signed the petition in support of the expansion, the county legislative body shall dismiss the petition. Another petition to establish the expanded library district may not be initiated until one (1) year after the date the legislative body dismissed the latest unsuccessful petition.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-3.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.30; P.L.13-2013, SEC.157; P.L.42-2018, SEC.39.
Ind. Code § 36-8-17-8 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-8
Inspection program; reports
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 8. (a) A fire department serving an area that does not include a city may engage in an inspection program to promote compliance with fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. The fire department shall maintain a written report for each inspection. These reports shall be made available to the department upon request.

(b) The fire department serving an area that includes a city shall inspect every place and public way within the jurisdiction of the city, except the interiors of private dwellings, for compliance with the fire safety laws. Upon the request of an owner or a primary lessee who resides in a private dwelling, the fire department may inspect the interior of the private dwelling to determine compliance with IC 22-11-18-3.5. Except as otherwise provided in the rules adopted by the commission, the fire chief of the fire department shall specify the schedule under which places and public ways are inspected and may exclude a class of places or public ways from inspection under this section, if the fire chief determines that the public interest will be served without inspection. The fire department shall maintain a written report for each inspection. The fire department shall submit monthly reports to the department, on forms prescribed by the department, containing the following information:

(1) The total number of inspections made.

(2) The total number of defects found, classified as required by the office.

(3) The total number of orders issued for correction of each class of defect.

(4) The total number of orders complied with.

(c) Except as provided in subsection (d), an inspection may only be carried out by an individual who:

(1) is a firefighter who meets, at a minimum, the training requirements described in IC 36-8-10.5; or

(2) has:

(A) obtained certification as a:

(i) fire inspector I as described in 655 IAC 1-2.1-12;

(ii) fire inspector II as described in 655 IAC 1-2.1-13; or

(iii) fire inspector I/II as described in 655 IAC 1-2.1-13.1; and

(B) in the case of an individual who is not an employee of a fire department, completed at least two (2) years of experience as a fire inspector described in clause (A)(i) through (A)(iii).

(d) A volunteer fire department may carry out inspections under this section only through an individual who is certified under IC 22-14-2-6(c).

As added by P.L.245-1987, SEC.21. Amended by P.L.1-1999, SEC.104; P.L.1-2006, SEC.579; P.L.17-2008, SEC.6; P.L.187-2021, SEC.149; P.L.107-2023, SEC.2.
Ind. Code § 36-2-5-4 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-4
Statements and recommendations on positions and compensation; budget requests
Status: in_force

Sec. 4. (a) Before July 2 of each year, each officer, board, commission, and agency subject to this chapter shall file with the county auditor a statement that shows in detail the positions for which compensation will be requested in the annual budget for the next year and the amount or rate of compensation proposed for each full-time or part-time position. The statement must be on a form prescribed by the state board of accounts.

(b) The county auditor shall present the statements submitted under subsection (a) to the county executive at its July meeting. The county executive shall review the statements and make its recommendations on them. Before August 20 the county executive shall present the statements and recommendations to the county fiscal body.

[Pre-Local Government Recodification Citation: 17-1-24-18.3 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-7-4.2-3 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-3
"Indoor shooting range"
Status: in_force

Sec. 3. As used in this chapter, "indoor shooting range" means a fully enclosed facility designed and operated for the discharge of firearms, equipped with a bullet resistant backstop, ventilation system, and sound attenuation measures to prevent the escape of projectiles, excessive noise, or airborne contaminants.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-10-8-15 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-15
Bonds; covenant with purchasers; continuation of statute
Status: repealed

Sec. 15. The Indiana general assembly covenants with the purchasers of any bonds issued under this chapter that the statute authorizing the levy of a specific tax within the county the proceeds of which are required by this chapter to be deposited in a specific fund created under this chapter will not be repealed, amended, or altered in any manner that would reduce or adversely affect the levy and collection of the tax levied, or reduce the rates or amounts of the tax, as long as the principal of, or interest on, any bonds is unpaid. The board, on behalf of the county, is authorized to make a similar pledge or covenant in any agreement with the purchasers of any bonds issued under this chapter or in any resolution or trust agreement pursuant to which the bonds are issued.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-10-4-2 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Board" refers to a board of park commissioners, or board of parks and recreation of a consolidated city.

"Department" refers to a department of public parks, or department of parks and recreation of a consolidated city.

"District" means the area within the jurisdiction of a department.

[Pre-Local Government Recodification Citations: 19-7-9-4 part; 19-7-30-8 part; Part new.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-2-10 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-10
Ordinance making forestry operation a nuisance or abating operation void; exceptions to valid ordinance
Status: in_force

Sec. 10. (a) An ordinance adopted after March 31, 2005, by a unit of local government that:

(1) makes a forestry operation (as defined in IC 32-30-6-1.5) a nuisance; or

(2) provides for an abatement of a forestry operation as a:

(A) nuisance;

(B) trespass; or

(C) zoning violation;

under this chapter is void.

(b) If the owner of a property owned the property before the enactment of an ordinance that restricts forestry operations but that is not invalidated by subsection (a), the property is exempt from the ordinance if the forestry operations (as defined by IC 32-30-6-1.5) on the property:

(1) comply with generally accepted best management practices;

(2) comply with the practices established in the Indiana Logging and Forestry Best Management Practices BMP Field Guide, as published in September 1999, by the division of forestry of the department of natural resources; and

(3) have been in continuous operation on the property.

As added by P.L.82-2005, SEC.6.
Ind. Code § 36-7-15.1-17 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-17
Redevelopment district bonds
Status: in_force

Sec. 17. (a) In addition to other methods of raising money for property acquisition or redevelopment in a redevelopment project area, and in anticipation of the special tax to be levied under section 19 of this chapter, the taxes allocated under section 26 of this chapter, or other revenues of the redevelopment district, the commission may, by resolution, issue the bonds of the redevelopment district in the name of the consolidated city and in accordance with IC 36-3-5-8. The amount of the bonds may not exceed the total, as estimated by the commission, of all expenses reasonably incurred in connection with the acquisition and redevelopment of the property, including:

(1) the total cost of all land, rights-of-way, and other property to be acquired and redeveloped;

(2) all reasonable and necessary architectural, engineering, legal, financing, accounting, advertising, bond discount, and supervisory expenses related to the acquisition and redevelopment of the property or the issuance of bonds;

(3) capitalized interest permitted in this chapter and a debt service reserve for the bonds, to the extent that the redevelopment commission determines that a reserve is reasonably required;

(4) the total cost of all clearing and construction work provided for in the resolution; and

(5) expenses that the commission is required or permitted to pay under IC 8-23-17.

(b) If the commission plans to acquire different parcels of land or let different contracts for redevelopment work at approximately the same time, whether under one (1) or more resolutions, the commission may provide for the total cost in one (1) issue of bonds.

(c) The bonds must be dated as set forth in the bond resolution and negotiable subject to the requirements of the bond resolution for the registration of the bonds. The resolution authorizing the bonds must state:

(1) the denominations of the bonds;

(2) the place or places at which the bonds are payable; and

(3) the term of the bonds, which may not exceed:

(A) fifty (50) years, for bonds issued before July 1, 2008; or

(B) twenty-five (25) years, for bonds issued after June 30, 2008.

The resolution may also state that the bonds are redeemable before maturity with or without a premium, as determined by the commission.

(d) The commission shall certify a copy of the resolution authorizing the bonds to the fiscal officer of the consolidated city, who shall then prepare the bonds. The seal of the unit must be impressed on the bonds, or a facsimile of the seal must be printed on the bonds.

(e) The bonds shall be executed by the city executive and attested by the fiscal officer. The interest coupons, if any, shall be executed by the facsimile signature of the fiscal officer.

(f) The bonds are exempt from taxation as provided by IC 6-8-5.

(g) The city fiscal officer shall sell the bonds according to law. Notwithstanding IC 36-3-5-8, bonds payable solely or in part from tax proceeds allocated under section 26(b)(3) of this chapter or other revenues of the district may be sold at private negotiated sale and at a price or prices not less than ninety-seven percent (97%) of the par value.

(h) The bonds are not a corporate obligation of the city but are an indebtedness of the redevelopment district. The bonds and interest are payable:

(1) from a special tax levied upon all of the property in the redevelopment district, as provided by section 19 of this chapter;

(2) from the tax proceeds allocated under section 26(b)(3) of this chapter;

(3) from other revenues available to the commission; or

(4) from a combination of the methods stated in subdivisions (1) through (3);

and from any revenues of the designated project. If the bonds are payable solely from the tax proceeds allocated under section 26(b)(3) of this chapter, other revenues of the redevelopment commission, or any combination of these sources, they may be issued in any amount without limitation.

(i) Proceeds from the sale of the bonds may be used to pay the cost of interest on the bonds for a period not to exceed five (5) years from the date of issue.

(j) Notwithstanding IC 36-3-5-8, the laws relating to the filing of petitions requesting the issuance of bonds and the right of taxpayers and voters to remonstrate against, or vote on, the issuance of bonds applicable to bonds issued under this chapter do not apply to bonds payable solely or in part from tax proceeds allocated under section 26(b)(3) of this chapter, other revenues of the commission, or any combination of these sources.

(k) If bonds are issued under this chapter that are payable solely or in part from revenues to the commission from a project or projects, the commission may adopt a resolution or trust indenture or enter into covenants as is customary in the issuance of revenue bonds. The resolution or trust indenture may pledge or assign the revenues from the project or projects, but may not convey or mortgage any project or parts of a project. The resolution or trust indenture may also contain any provisions for protecting and enforcing the rights and remedies of the bond owners as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the commission. The commission may establish fees and charges for the use of any project and covenant with the owners of any bonds to set those fees and charges at a rate sufficient to protect the interest of the owners of the bonds. Any revenue bonds issued by the commission that are payable solely from revenues of the commission must contain a statement to that effect in the form of bond.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.72-1983, SEC.6; P.L.84-1987, SEC.8; P.L.2-1989, SEC.33; P.L.18-1990, SEC.293; P.L.14-1991, SEC.20; P.L.185-2005, SEC.34; P.L.219-2007, SEC.128; P.L.146-2008, SEC.751; P.L.203-2011, SEC.12.
Ind. Code § 36-9-6.1-11 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-11
Costs exceeding balance in thoroughfare fund; bond issue
Status: in_force

Sec. 11. If a unit's costs in acquiring property and paying benefits assessed against the unit under this chapter exceed the balance in the unit's thoroughfare fund, the unit may issue bonds in an amount sufficient to pay all or part of those costs. The bonds must be:

(1) approved by the executive of the unit;

(2) authorized by ordinance of the fiscal body of the unit;

(3) issued and sold in the same form and manner, including the same interest rate and maturities, as bonds for general purposes of the unit.

As added by P.L.220-1986, SEC.30.
Ind. Code § 36-8-16.7-24 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-24
Statewide 911 board; establishment; recommendations to governor; membership; state treasurer as chair; terms; residency; proxy voting prohibited
Status: in_force

Sec. 24. (a) The statewide 911 board is established to develop, implement, and oversee the statewide 911 system. The board is a body corporate and politic, and though it is separate from the state, the exercise by the board of its powers constitutes an essential governmental function.

(b) The following recommendations must be made to the governor concerning the membership of the board:

(1) The executive committees of:

(A) the Indiana chapter of the National Emergency Number Association (NENA); and

(B) the Indiana chapter of the Association of Public Safety Communication Officials International (APCO);

shall jointly recommend three (3) individuals, at least one (1) of whom must have budget experience at the local level.

(2) The facilities based CMRS providers authorized to provide CMRS in Indiana shall jointly recommend one (1) individual.

(3) The Indiana Association of County Commissioners shall recommend one (1) individual who is a county commissioner in Indiana.

(4) The Indiana Sheriffs' Association shall recommend one (1) individual who is a county sheriff in Indiana.

(5) The Indiana Telecommunications Association, or any successor organization, shall recommend two (2) individuals as follows:

(A) One (1) individual representing a local exchange carrier that serves less than fifty thousand (50,000) local exchange access lines in Indiana.

(B) One (1) individual representing a local exchange carrier that serves at least fifty thousand (50,000) local exchange access lines in Indiana.

(6) The Indiana Cable Telecommunications Association shall recommend one (1) individual representing a VOIP provider.

(7) The Indiana Association of Cities and Towns shall recommend one (1) individual representing municipalities.

(c) The board consists of the following fifteen (15) members:

(1) The treasurer of state or the treasurer's designee. The treasurer of state or the treasurer's designee is chairperson of the board for a term concurrent with the treasurer of state's term of office. However, the treasurer of state's designee serves at the pleasure of the treasurer of state.

(2) Three (3) members for a term of three (3) years who are appointed by the governor after considering the recommendations submitted under subsection (b)(1) by the executive committees of NENA and APCO. At least one (1) member appointed under this subdivision must have budget experience at the local level.

(3) One (1) facilities based CMRS member who is appointed by the governor after considering the recommendation submitted under subsection (b)(2) by the facilities based CMRS providers authorized to provide CMRS in Indiana. A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (6), (7), or (8).

(4) One (1) county commissioner member appointed by the governor after considering the recommendation submitted under subsection (b)(3) by the Indiana Association of County Commissioners.

(5) One (1) county sheriff member appointed by the governor after considering the recommendation submitted under subsection (b)(4) by the Indiana Sheriffs' Association.

(6) One (1) member who represents a local exchange carrier that serves less than fifty thousand (50,000) local exchange access lines in Indiana and who is appointed by the governor after considering the recommendation of the Indiana Telecommunications Association, or any successor organization, under subsection (b)(5)(A). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (7), or (8).

(7) One (1) member who represents a local exchange carrier that serves at least fifty thousand (50,000) local exchange access lines in Indiana and who is appointed by the governor after considering the recommendation of the Indiana Telecommunications Association, or any successor organization, under subsection (b)(5)(B). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), or (8).

(8) One (1) member who represents a VOIP provider and who is appointed by the governor after considering the recommendation of the Indiana Cable Telecommunications Association under subsection (b)(6). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), or (7).

(9) One (1) member who represents municipalities and is appointed by the governor after considering the recommendation of the Indiana Association of Cities and Towns submitted under subsection (b)(7).

(10) The state fire marshal or the state fire marshal's designee.

(11) The superintendent of the state police department or the superintendent's designee.

(12) The executive director of the department of homeland security, or the executive director's designee. The executive director of the department of homeland security or the executive director's designee is a nonvoting member of the board.

(13) The state GIS officer. The state GIS officer is a nonvoting member of the board.

(d) This subsection applies to a member appointed by the governor under subsection (c)(2) through (c)(9). The governor shall ensure that the terms of the initial members appointed by the governor are staggered so that the terms of not more than five (5) members expire in a single calendar year. After the initial appointments, subsequent appointments shall be for three (3) year terms. A vacancy on the board shall be filled for the vacating member's unexpired term in the same manner as the original appointment, and a member of the board is eligible for reappointment. In making an appointment under subsection (c)(2) through (c)(9), the governor shall take into account the various geographical areas of Indiana, including rural and urban areas. A member appointed by the governor serves at the pleasure of the governor.

(e) A member must be a resident of Indiana.

(f) A member may not vote by proxy.

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.7; P.L.36-2016, SEC.7.
Ind. Code § 36-1-9.5-33 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-33
Contractor's statement of equipment or materials; acceptance by CPA
Status: in_force

Sec. 33. For the physical dispersal of equipment or subsequent use or sale of construction materials, an accountant may, for purposes of section 32 of this chapter, accept a signed statement of the contractor as evidence of possession of equipment or of materials inventory as of the date of the statement.

As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.181.
Ind. Code § 36-7-30-19 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-19
Lease of property
Status: in_force

Sec. 19. (a) A reuse authority may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed fifty (50) years and the lease may provide for payments to be made by the reuse authority from taxes allocated under section 25 of this chapter, any other revenues available to the reuse authority, or any combination of these sources.

(b) A lease may provide that payments by the reuse authority to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased facilities in accordance with the lease. The terms of each lease must be based upon the value of the facilities leased and may not create a debt of the unit or the district for purposes of the Constitution of the State of Indiana.

(c) A lease may be entered into by the reuse authority only after a public hearing by the reuse authority at which all interested parties are provided the opportunity to be heard. After the public hearing, the reuse authority may adopt a resolution authorizing the execution of the lease on behalf of the unit if the reuse authority finds that the service to be provided throughout the term of the lease will serve the public purpose of the unit and is in the best interests of its residents. Any lease approved by a resolution of the reuse authority must be approved by the fiscal body of the unit.

(d) A reuse authority entering into a lease payable from allocated taxes under section 25 of this chapter or other available funds of the reuse authority may do the following:

(1) Pledge the revenue to make payments under the lease under IC 5-1-14-4.

(2) Establish a special fund to make the payments.

(e) Lease payments may be limited to money in the special fund so that the obligations of the reuse authority to make the lease rental payments are not considered a debt of the unit or the district for purposes of the Constitution of the State of Indiana.

(f) Except as provided in this section, approvals of any governmental body or agency are not required before the reuse authority may enter into a lease under this section.

(g) If a reuse authority exercises an option to buy a leased facility from a lessor, the reuse authority may subsequently sell the leased facility, without regard to any other statute, to the lessor at the end of the lease term at a price set forth in the lease or at fair market value established at the time of the sale by the reuse authority through auction, appraisal, or negotiation. If the facility is sold at auction, after appraisal or through negotiation, the reuse authority shall conduct a hearing after public notice in accordance with IC 5-3-1 before the sale. Any action to contest the sale must be brought not more than fifteen (15) days after the hearing.

(h) Notwithstanding this section, a reuse authority may negotiate and enter into leases of property from the United States or any department or agency of the United States without complying with the requirements of this section.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-1.5-4.1-1 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-1
Applicability
Status: in_force

Sec. 1. (a) This chapter does not apply to a township:

(1) located in a county having a consolidated city; or

(2) that, not later than June 30, 2027, has begun to consolidate with another:

(A) township under IC 36-6-1.5; or

(B) unit under IC 36-1.5-4.

(b) This chapter applies only to a designated township that satisfies all of the following criteria:

(1) At least eighty percent (80%) of the township's boundaries coincide with a municipality's boundaries.

(2) At least fifty-one percent (51%) of the township's population, as determined by the most recent federal decennial census, resides within the corporate boundaries of a municipality described in subdivision (1).

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-4-1-5 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-5
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-3-3-2.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by P.L.111-2005, SEC.8.
Ind. Code § 36-9-28.7-5 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-5
"Storm water nuisance"
Status: in_force

Sec. 5. As used in this chapter, "storm water nuisance" means a condition:

(1) that arises out of or is related to storm water that is transferred through runoff or an artificial conveyance that:

(A) is directed to the property of another person;

(B) discharges storm water at or near the property line of another person; or

(C) accelerates or increases the flow of storm water onto another person's property; and

(2) to which one (1) or both of the following apply:

(A) The condition is injurious to health.

(B) The condition substantially obstructs the free use of property.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-9-13-40 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-40
Public records
Status: in_force

Sec. 40. The records of a building authority are public records.

[Pre-Local Government Recodification Citation: 19-8-4-26 part.]

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-7-32-10 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-10
Application; designation of area as certified technology park; expansion across county lines
Status: in_force

Sec. 10. (a) A unit may apply to the office for designation of all or part of the territory within the jurisdiction of the unit's redevelopment commission as a certified technology park and to enter into an agreement governing the terms and conditions of the designation. The application must be in a form specified by the office and must include information the office determines necessary to make the determinations required under section 11 of this chapter.

(b) This subsection applies only to a unit in which a certified technology park designated before January 1, 2005, is located. A unit may apply to the office for permission to expand the unit's certified technology park to include territory that is adjacent to the unit's certified technology park but located in another county. The office shall grant the unit permission to expand the certified technology park if the unit and the redevelopment commission having jurisdiction over the adjacent territory approve the proposed expansion in a resolution. A certified copy of each resolution approving the proposed expansion must be attached to the application submitted under this subsection.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.4-2005, SEC.143; P.L.203-2005, SEC.12; P.L.145-2025, SEC.9.
Ind. Code § 36-5-1-11 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-11
Liability for existing indebtedness or other obligations; payment to township
Status: in_force

Sec. 11. (a) If the township in which a new town is incorporated is indebted or has outstanding unpaid bonds or other obligations at the time of the incorporation, the town is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the town bears to the assessed valuation of all property in the township, as shown by the most recent assessment for taxation before the incorporation, unless the assessed property within the town is already liable for the indebtedness.

(b) The town shall pay its indebtedness under this section to the township executive. If the indebtedness consists of outstanding unpaid bonds or notes of the township, the payments to the township executive shall be made as the principal or interest on the bonds or notes becomes due.

[Pre-Local Government Recodification Citation: 18-5-10-28 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-4-7-6 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-6
Budget estimates; formulation procedure
Status: in_force

Sec. 6. Before the publication (before January 1, 2015) and before the submission of notice of budget estimates required by IC 6-1.1-17-3, each city shall formulate a budget estimate for the ensuing budget year in the following manner:

(1) Each department head shall prepare for the department head's department an estimate of the amount of money required for the ensuing budget year, stating in detail each category and item of expenditure the department head anticipates.

(2) The city fiscal officer shall prepare an itemized estimate of revenues available for the ensuing budget year, and shall prepare an itemized estimate of expenditures for other purposes above the money proposed to be used by the departments.

(3) The city executive shall meet with the department heads and the fiscal officer to review and revise their various estimates.

(4) After the executive's review and revision, the fiscal officer shall prepare for the executive a report of the estimated department budgets, miscellaneous expenses, and revenues necessary or available to finance the estimates.

[Pre-Local Government Recodification Citation: 18-1-6-6.5 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.183-2014, SEC.25.
Ind. Code § 36-7-4.2-1 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 36-1-2 and IC 36-7-1 apply throughout this chapter.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-2-10-25 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-25
County treasurer unable to perform fiscal responsibilities
Status: in_force

Sec. 25. If the county treasurer is unable to perform the fiscal requirements of the county treasurer's position, the county shall hire or contract with a qualified investment adviser to:

(1) provide guidance to the county treasurer regarding the performance of the county treasurer's responsibilities; or

(2) perform the county treasurer's fiscal responsibilities.

The county treasurer is considered to be unable to perform the fiscal requirements of the county treasurer's position if the county is declared unauditable under IC 5-11-1-9(b).

As added by P.L.58-2023, SEC.20.
Ind. Code § 36-7-14-1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-1
Application of chapter; jurisdiction in excluded cities that elect to be governed by this chapter
Status: in_force

Sec. 1. (a) This chapter applies to all units except:

(1) counties having a consolidated city, and units in those counties, except those units described in subsection (b); and

(2) townships.

(b) This chapter applies to an excluded city (as defined in IC 36-3-1-7) that adopts an ordinance electing to be governed by this chapter and establishes a redevelopment commission under section 3 of this chapter. Upon the adoption of an ordinance under this subsection:

(1) an area needing redevelopment;

(2) an economic development area; or

(3) an allocation area previously established under IC 36-7-15.1-37 through IC 36-7-15.1-58;

continues in full force and effect as if the area had been created under this chapter.

(c) An:

(1) area needing redevelopment;

(2) economic development area; or

(3) allocation area previously established under IC 36-7-15.1-37 through IC 36-7-15.1-58;

described in subsection (b) is subject to the jurisdiction of the redevelopment commission established under section 3 of this chapter and is not subject to the jurisdiction of the commission (as defined in IC 36-7-15.1-37).

[Pre-Local Government Recodification Citations: 18-7-7-4 part; 18-7-7-38 part; 18-7-7.1-3 part.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.82; P.L.190-2005, SEC.5; P.L.1-2006, SEC.564.
Ind. Code § 36-9-41-2 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-2
"Public work"
Status: in_force

Sec. 2. As used in this chapter, "public work" means a project for the construction of any public building, highway, street, alley, bridge, sewer, drain, or any other public facility that is paid for out of public funds.

As added by P.L.81-2004, SEC.47.
Ind. Code § 36-7-31-3 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-3
"Budget committee"
Status: in_force

Sec. 3. As used in this chapter, "budget committee" has the meaning set forth in IC 4-12-1-3.

As added by P.L.255-1997(ss), SEC.19.
Ind. Code § 36-7-4-901.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-901.5
Reorganized units; board of zoning appeals required if advisory plan commission established
Status: in_force

Sec. 901.5. (a) If an advisory plan commission is established under section 202.5 of this chapter by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter, the legislative body of the unit shall establish a board of zoning appeals.

(b) A board of zoning appeals established under this section:

(1) shall exercise the board's powers and duties under this chapter within the unit in the same manner that a municipal board of zoning appeals established under this chapter exercises powers and duties under this chapter for a municipality; and

(2) may not exercise the board's powers and duties under this chapter within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5).

(c) Notwithstanding any other law, if the legislative body of a unit described in IC 36-7-2-1(b) establishes a board of zoning appeals under this section, the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:

(1) the number of members to be appointed to the unit's board of zoning appeals;

(2) the person or entity that shall appoint or remove those members;

(3) any required qualifications for those members; and

(4) the terms of those members.

As added by P.L.202-2013, SEC.35.
Ind. Code § 36-7-17-12 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-12
Property not applied for in successive drawings; sale; disposition of proceeds
Status: in_force

Sec. 12. (a) A property for which no one applies in two (2) successive drawings held under this chapter may be sold at public auction to the highest bidder.

(b) The proceeds of the sale of real property acquired under IC 6-1.1-25-7.5 shall be applied to the cost of the sale, including advertising and appraisal.

(c) If any proceeds remain after payment of the costs under subsection (b), the proceeds shall be applied to the payment of taxes removed from the tax duplicate under IC 6-1.1-25-7.5(e).

(d) If any proceeds remain after payment of the taxes under subsection (c), the proceeds shall be deposited in the county general fund.

[Pre-Local Government Recodification Citation: 18-7-21-11.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.87-1987, SEC.12; P.L.169-2006, SEC.77.
Ind. Code § 36-1-11-4.3 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-4.3
Public easement or right-of-way
Status: reserved

Sec. 4.3. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred if, at the time of the sale or transfer, the public utility is occupying and using all or part of that public easement or right of way for the location and operation of its facilities.

As added by P.L.188-2011, SEC.3.
Ind. Code § 36-7-11-17 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-17
Compatibility factors; exception
Status: in_force

Sec. 17. Except as provided in section 20 of this chapter, within the primary area of the historic district, new buildings and structures, as well as buildings, structures, and appurtenances that are moved, reconstructed, materially altered, repaired, or changed in color, must be visually compatible with buildings, squares, and places to which they are visually related generally in terms of the following visual compatibility factors:

(1) Height. The height of proposed buildings must be visually compatible with adjacent buildings.

(2) Proportion of building's front facade. The relationship of the width of a building to the height of the front elevation must be visually compatible to buildings, squares, and places to which it is visually related.

(3) Proportion of openings within the facility. The relationship of the width of the windows to the height of windows in a building must be visually compatible with buildings, squares, and places to which it is visually related.

(4) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building must be visually compatible with buildings, squares, and places to which it is visually related.

(5) Rhythm of spacing of buildings on streets. The relationship of a building to the open space between it and adjoining buildings must be visually compatible to the buildings, squares, and places to which it is visually related.

(6) Rhythm of entrances and porch projections. The relationship of entrances and porch projections to sidewalks of a building must be visually compatible to the buildings, squares, and places to which it is visually related.

(7) Relationship of materials, texture, and color. The relationship of the materials, texture, and color of the facade of a building must be visually compatible with the predominant materials used in the buildings to which it is visually related.

(8) Roof shapes. The roof shape of a building must be visually compatible with the buildings to which it is visually related.

(9) Walls of continuity. Appurtenances of a building, such as walls, wrought iron fences, evergreen landscape masses, and building facades, must form cohesive walls of enclosure along the street if necessary to ensure visual compatibility of the building to the buildings, squares, and places to which it is visually related.

(10) Scale of a building. The size of a building and the building mass of a building in relation to open spaces, windows, door openings, porches, and balconies must be visually compatible with the buildings, squares, and places to which it is visually related.

(11) Directional expression of front elevation. A building must be visually compatible with the buildings, squares, and places to which it is visually related in its directional character, including vertical character, horizontal character, or nondirectional character.

[Pre-Local Government Recodification Citation: 18-7-22-11 part.]

As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.146-1992, SEC.4.
Ind. Code § 36-4-3-1.5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-1.5
Contiguous territory; annexation of public highway
Status: in_force

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 territory is contiguous, a strip of land less than one hundred fifty (150) feet wide that connects the annexing municipality to the territory is not considered a part of the boundaries of either the municipality or the territory.

(b) This subsection applies to an annexation for which an annexation ordinance is adopted after June 30, 2015. A public highway or the rights-of-way of a public highway are contiguous to:

(1) the municipality; or

(2) property in the unincorporated area adjacent to the public highway or rights-of-way of a public highway;

if the public highway or the rights-of-way of a public highway are contiguous under subsection (a) and one (1) of the requirements in subsection (c) is satisfied.

(c) A public highway or the rights-of-way of a public highway are not contiguous unless one (1) of the following requirements is met:

(1) The municipality obtains the written consent of the owners of all property:

(A) adjacent to the entire length of the part of the public highway and rights-of-way of the public highway that is being annexed; and

(B) not already within the corporate boundaries of the municipality.

A waiver of the right of remonstrance executed by a property owner or a successor in title of the property owner for sewer services or water services does not constitute written consent for purposes of this subdivision.

(2) All property adjacent to at least one (1) side of the entire length of the part of the public highway or rights-of-way of the public highway being annexed is already within the corporate boundaries of the municipality.

(3) All property adjacent to at least one (1) side of the entire length of the part of the public highway or rights-of-way of the public highway being annexed is part of the same annexation ordinance in which the public highway or rights-of-way of a public highway are being annexed.

A municipality may not annex a public highway or the rights-of-way of a public highway or annex territory adjacent to the public highway or rights-of-way of a public highway unless the requirements of this section are met.

As added by Acts 1981, P.L.308, SEC.1. Amended by P.L.228-2015, SEC.3; P.L.206-2016, SEC.1.
Ind. Code § 36-8-22-7 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-7
Exemptions; existing agreements
Status: in_force

Sec. 7. (a) Except as provided in section 15 of this chapter, this chapter does not apply to an employer with a population of less than seven thousand (7,000).

(b) This chapter does not apply to an employer that has adopted by:

(1) ordinance;

(2) resolution;

(3) amendment; or

(4) executive order;

provisions and procedures that permit an employee to form, join, or assist an employee organization to bargain collectively.

(c) For:

(1) a collective bargaining agreement; or

(2) a memorandum of understanding;

entered into between an employer and an employee organization or a recognized representative before January 1, 2008, this chapter may not be construed to annul, modify, or limit the agreement or memorandum during the term of the agreement or memorandum.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-7-15.1-40 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-40
Establishment of redevelopment project area; amendment to redevelopment resolutions; appeals
Status: in_force

Sec. 40. (a) A commission shall establish a redevelopment project area by following the procedures set forth in sections 8 through 10 of this chapter. The establishment of a redevelopment project area under this subsection must also be approved by resolution of the legislative body of the excluded city.

(b) A commission may amend a resolution or plan for a redevelopment project area or economic development area by following the procedures set forth in sections 8 through 10.5 of this chapter. An amendment made under this subsection must also be approved by resolution of the legislative body of the excluded city.

(c) A person who filed a written remonstrance with the commission under subsection (a) and is aggrieved by the final action taken may seek appeal of the action by following the procedures for appeal set forth in section 11 of this chapter. The appeal hearing is governed by the procedures of section 11(b) of this chapter.

As added by P.L.102-1999, SEC.7. Amended by P.L.185-2005, SEC.43; P.L.146-2008, SEC.761.
Ind. Code § 36-8-15-6 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-6
"Facility" defined
Status: in_force

Sec. 6. As used in this chapter, "facility" means computers and communication systems or any necessary appurtenances and improvements thereto, including real and personal property required to house such facilities and all equipment, apparatus, devices, and instrumentalities required for the proper operation of the facility or facilities.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-1-22-6 — Indiana Code / Title 36 / Article 1 / Chapter 22 / Section 36-1-22-6
Local regulation unaffected by prohibition
Status: in_force

Sec. 6. This chapter does not do any of the following:

(1) Void an ordinance, rule, policy, or other requirement of a political subdivision adopted before March 1, 2013.

(2) Prohibit a political subdivision from doing any of the following:

(A) Requiring a person who engages in a specific building or construction trade, including an electrician, a plumber, a tile layer, a landscaper, or a practitioner of another specific trade, to be licensed, permitted, registered, or listed by the political subdivision before engaging in the specific building or construction trade.

(B) Issuing building permits, septic system permits, certificates of appropriateness, zoning approvals, plat approvals, and other permits and approvals that regulate the use, planning, and development of property.

As added by P.L.218-2014, SEC.20.
Ind. Code § 36-7-23-49 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-49
Payment of expenses; indebtedness or liability of state or political subdivision
Status: in_force

Sec. 49. All expenses incurred by the board in carrying out this chapter are payable solely from funds provided under this chapter. This chapter does not authorize the board to incur indebtedness or liability on behalf of or payable by the state or a political subdivision.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-38-18 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-18
Employees
Status: in_force

Sec. 18. (a) Employees of a land bank are not employees of the eligible unit that established the land bank.

(b) The board of a land bank may elect by resolution to provide programs of group health insurance for the land bank's employees and retired employees as provided under IC 5-10-8-2.6.

(c) The board of a land bank may elect by resolution to provide retirement and disability benefits for employees, which may be by means of participation in the public employees' retirement fund as provided under IC 5-10.3-6.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-8-2.1-2.1 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-2.1
"Interviewer"
Status: in_force

Sec. 2.1. As used in this chapter, "interviewer" means the:

(1) police officer who interviews a police officer; or

(2) fire department member or official who interviews a firefighter;

who is the subject of a complaint or internal investigation.

As added by P.L.33-2020, SEC.3.
Ind. Code § 36-7-4-1109.4 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1109.4
Review of permit application; notice of incomplete application; opportunity to cure defective application; written determination
Status: in_force

Sec. 1109.4. (a) This section does not apply to the issuance of:

(1) a design release or a plan review under IC 22-15;

(2) a Class 2 permit according to the timeline set forth in IC 36-7-2.5 (after December 31, 2025); or

(3) a permit according to the timeline set forth in section 1109(r) of this chapter.

(b) A local authority shall review a permit application for completeness. If a local authority determines that an application is incomplete, the local authority must, not later than thirty (30) days after receipt of the application, notify the applicant in writing of all defects in the application. If a local authority fails to notify an applicant as required under this subsection, the local authority shall consider the permit application to be complete.

(c) An applicant that receives a timely written notice that an application is incomplete under subsection (b) may:

(1) cure the defects in the application; and

(2) resubmit the corrected application to the local authority;

not later than thirty (30) days after receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the local authority of the additional time the applicant requires to cure the defects.

(d) Subject to subsection (e), not more than ninety (90) days after making an initial determination of completeness under subsection (b), a local authority shall:

(1) review the application to determine if it complies with all applicable requirements; and

(2) notify the applicant in writing whether the application is approved or denied.

The local authority shall provide to the applicant the local authority's written determination and findings of fact.

(e) If an applicant requested additional time under subsection (c) to cure defects in the application, the ninety (90) day period set forth in subsection (d) is extended for a corresponding amount of time.

(f) Any official action on a previously approved permit application, including an extension of specific conditions set forth in the permit, must be made not later than sixty (60) days after the applicant's filing that initiated the official action. The local authority shall provide to the applicant the local authority's written determination and findings of fact with respect to the official action.

As added by P.L.202-2025, SEC.20. Amended by P.L.223-2025, SEC.15; P.L.73-2026, SEC.20.
Ind. Code § 36-2-9-21 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-21
Establishment of fund for disposal fees; use of money; administration of fund
Status: in_force

Sec. 21. (a) If a disposal fee is charged under IC 13-20-21-6(c), the county treasurer shall:

(1) establish a dedicated fund for the purposes described in subsection (b); and

(2) deposit in the fund all revenue remitted to the county treasurer under IC 13-20-21-14(b).

(b) Money in the fund established under subsection (a) may be used only to pay the costs of constructing, improving, or maintaining infrastructure that supports or is otherwise related to the landfill at which the disposal fees are charged.

(c) The county treasurer shall, in accordance with IC 5-13-9, invest any money accumulated in the fund established under subsection (a). Any interest received from investment of the money shall be paid into the fund.

As added by P.L.131-2006, SEC.12.
Ind. Code § 36-1.5-4.1-23 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-23
Recording plan
Status: in_force

Sec. 23. Each county recorder receiving a certification under sections 21 and 22 of this chapter shall record the certification and the plan of reorganization in the records of the county recorder without charge. The county recorder shall notify the county election board of each county in which the designated township is located.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-1.5-4-27.5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-27.5
Certification of resolution to rescind plan of reorganization
Status: in_force

Sec. 27.5. (a) Before the public question on a reorganization under this chapter is placed on the ballot, the legislative body of a political subdivision may adopt a resolution to rescind the plan of reorganization previously adopted and certified by the legislative body. The resolution to rescind the plan of reorganization must be certified by the legislative body to the:

(1) clerk of each reorganizing political subdivision;

(2) county fiscal officer of each county in which a reorganizing political subdivision is located; and

(3) county recorder of each county in which a reorganizing political subdivision is located;

not later than July 15.

(b) Each county recorder receiving a certification under subsection (a) shall do the following:

(1) Record the certification in the records of the county recorder without charge.

(2) Notify the county election board of each county in which a reorganizing political subdivision is located that the public question on the plan of reorganization is not eligible to be placed on the ballot for consideration by:

(A) the voters of each reorganizing political subdivision; and

(B) in the case of a reorganization described in section 1(a)(9) of this chapter, the voters of the entire county.

(c) After the county recorder of each county in which the reorganizing political subdivisions are located has notified the county election board under subsection (b) that a public question on a plan of reorganization is not eligible to be placed on the ballot, the county election board shall not place the public question on the ballot.

As added by P.L.202-2013, SEC.16.
Ind. Code § 36-9-39-8 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-8
Sewage works adapted for receiving sewage from collateral sewers; map, profiles, drawings, and specifications; filing
Status: in_force

Sec. 8. (a) The municipal works board shall prepare the information described in subsection (b) if, from the size and character of the proposed sewage works, the proposed sewage works are intended and adapted as follows:

(1) For use by owners of abutting property along the line of the works.

(2) For receiving sewage from collateral sewers that have been or may be constructed.

(b) If the conditions of subsection (a) are satisfied, the municipal works board shall prepare the following:

(1) A map showing the following:

(A) The exact course of the proposed works.

(B) Any appurtenances and branches of the works.

(C) The boundary lines of the district to be beneficially affected by and assessed for the construction of the works.

(2) All necessary profiles, drawings, and specifications for the works.

(c) The map, profiles, drawings, and specifications prepared under subsection (b) shall be placed on file in the office of the works board.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7-30.3-12 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-12
Recordation of the map
Status: in_force

Sec. 12. A map of the proposed district approved by the commander and adopted by the legislative body of the unit pursuant to section 8 of this chapter shall be recorded in the office of the recorder of the county where the proposed district is located. The map shall comply with IC 36-2-7-10 and IC 36-2-11-16.5.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-8-12-15 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-15
Liability limits; punitive damages
Status: in_force

Sec. 15. The combined aggregate liability of a volunteer fire department for an act or failure to act that is within the scope of the department’s duties does not exceed three hundred thousand dollars ($300,000) for injury to or death of one (1) person in any one (1) occurrence and does not exceed five million dollars ($5,000,000) for injury to or death of all persons in that occurrence. A volunteer fire department is not liable for punitive damages.

As added by P.L.217-1989, SEC.8. Amended by P.L.1-1999, SEC.99.