reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-5. Assessor; Real Property Reassessment Duties; Additional per Diem Compensation; County Review

Sec. 5. (a) When performing the real property reassessment duties under a county's reassessment plan prepared under IC 6-1.1-4-4.2, a township assessor may receive per diem compensation, in addition to salary, at a rate fixed by the county fiscal body, for each day that the assessor is engaged in reassessment activities.
(b) Subsection (a) applies regardless of whether professional assessing services are provided to a township under contract.
[Pre-Local Government Recodification Citations: 17-4-27.6-1; 17-4-27.6-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.31; Acts 1981, P.L.46, SEC.3; P.L.196-1984, SEC.3; P.L.74-1987, SEC.23; P.L.6-1997, SEC.207; P.L.198-2001, SEC.106; P.L.146-2008, SEC.717; P.L.112-2012, SEC.53; P.L.86-2018, SEC.343.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-6. Incremental Payment Based on Certification

Sec. 6. (a) Subject to subsection (e), a township assessor who becomes a certified level two or level three Indiana assessor-appraiser is entitled to receive annually one thousand dollars ($1,000) after the assessor's certification under IC 6-1.1-35.5, which is in addition to and not part of the annual compensation of the township assessor.
(b) A certified level two or level three Indiana assessor-appraiser who replaces a township assessor who is not so certified is entitled to receive annually one thousand dollars ($1,000) more than the salary of the person's predecessor, which is in addition to and not part of the annual compensation of the township assessor.
(c) Subject to subsection (e), an employee of a township assessor who becomes a certified level two or level three Indiana assessor-appraiser is entitled to receive annually five hundred dollars ($500) after the employee's certification under IC 6-1.1-35.5, which is in addition to and not part of the annual compensation of the employee.
(d) A township assessor or employee who becomes entitled to receive an additional amount under this section is entitled to receive the additional amount for as long as the person serves in that position and maintains the level two or level three certification.
(e) Subsections (a) and (c) apply regardless of whether the township assessor or employee of a township assessor becomes a certified level two assessor-appraiser:
(1) while:
(A) in office; or
(B) employed by the township assessor; or
(2) before:
(A) assuming office; or
(B) beginning employment by the township assessor.
[Pre-Local Government Recodification Citation: 17-4-27.8-7 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.198-2001, SEC.107; P.L.219-2007, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-7. Repealed

[Pre-Local Government Recodification Citation: 17-4-27.7-6.]
As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-8. Repealed

[Pre-Local Government Recodification Citations: 17-4-27.5-2; 17-4-27.5-3; 17-4-27.5-4; 17-4-27.7-1; 17-4-27.7-2; 17-4-27.7-3.]
As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-9. Assessor; Mileage Allowance

Sec. 9. If necessary in the performance of their duties:
(1) township assessors; or
(2) deputies and employees engaged in field work and authorized by the township assessor;
may use their own conveyances and are entitled to receive a mileage allowance equal to the sum per mile paid to state officers and employees. Only one (1) mileage may be allowed for each assessing team.
[Pre-Local Government Recodification Citation: 17-4-27.7-7.]
As added by Acts 1980, P.L.212, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-10. Assessor; Appropriations to Pay Salaries and per Diems; Preparation of Budget Estimates

Sec. 10. (a) The county fiscal body shall, in the manner prescribed by IC 36-2-5 or IC 36-2-6, fix and appropriate money to pay the per diem established under section 5 of this chapter and the salaries and per diems of the county's township assessors and any deputies or other employees that assist the elected township assessor.
(b) Each township assessor shall file the budget estimate required by IC 36-2-5-5 or IC 36-3-6-4. The budget estimate filed under this subsection must include all estimated expenses of the office, including costs incurred through litigation for the office.
(c) If the township executive is performing the duties of assessor, the county fiscal body shall appropriate money for the purposes of subsection (a) and other expenses of acting as assessor, including all costs incurred through litigation for the office. However, it may not provide a salary that is below the amount fixed for that salary for the year 1984.
[Pre-Local Government Recodification Citations: 17-4-1-14 part; 17-4-27.6-2 part; 17-4-27.7-8 part; 17-4-27.8-7 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1981, P.L.46, SEC.4; P.L.196-1984, SEC.4; P.L.17-1985, SEC.25; P.L.219-1986, SEC.1; P.L.222-1997, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-11. Assessor; Claims for Compensation by Deputies and Employees

Sec. 11. (a) Deputies and other employees of a township assessor must file their claims for compensation, which must be verified by the township assessor. Claims for employment that is not on an annual basis must show the actual number of days employed. Deputies and other employees of a township assessor shall be paid out of the county treasury, on the warrant of the county auditor.
(b) Employees of the township assessor are entitled to no compensation other than that provided by this chapter.
[Pre-Local Government Recodification Citation: 17-4-27.7-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.173-2003, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-12. Repealed

[Pre-Local Government Recodification Citation: 17-4-29-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Repealed by Acts 1980, P.L.125, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 8. Compensation and Expenses of Township Officers, Deputies, and Employees › 36-6-8-13. Member of Legislative Body in Office for Fraction of Any Year; Proportionate Salary

Sec. 13. (a) A member of the township legislative body who holds office for a fraction of any year is entitled to a proportionate fraction of the annual salary.
(b) A member of the township legislative body who holds office on December 31 of any year is entitled to the member's salary on that day.
(c) A member of the township legislative body who leaves office before December 31 of any year is entitled to the member's salary on the day the member leaves office.
[Pre-Local Government Recodification Citation: 17-4-29-2 part.]
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.167.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-2. "Capital Improvement"

Sec. 2. As used in this chapter, "capital improvement" means:
(1) acquisition of land;
(2) site improvements;
(3) infrastructure improvements;
(4) construction of buildings or structures;
(5) rehabilitation, renovation, or enlargement of buildings or structures; or
(6) acquisition or improvement of machinery, equipment, furnishings, or facilities.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-3. "Capital Improvement Fund"

Sec. 3. As used in this chapter, "capital improvement fund" means a township fund, the money in which may be used for the payment of capital improvements. The term includes:
(1) the general fund;
(2) the fire protection and emergency services fund under IC 36-8-13;
(3) a cumulative firefighting building and equipment fund under IC 36-8-14;
(4) an equipment replacement fund under IC 36-8-19-8.5;
(5) a cumulative township vehicle and building fund under IC 36-9-17.5;
(6) a cumulative building fund under IC 36-10-7.5-19;
(7) a public park fund under IC 36-10-7-7; and
(8) any other fund established by a township for the payment of capital improvements.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-5. Townships Required to Adopt Plan

Sec. 5. This chapter applies to a township if the total amount of funds in a township's capital improvement funds exceeds:
(1) one hundred fifty percent (150%) of the township's total annual budget estimate prepared under IC 6-1.1-17-2 for the ensuing year; and
(2) two hundred thousand dollars ($200,000).
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-6. Procedure for Plan Adoption

Sec. 6. A township must adopt a capital improvement plan that meets the requirements of this chapter. The township trustee shall prepare the plan, and the township board shall hold a public hearing on a proposed or amended plan, before the township board adopts the plan.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-7. Deadline for Plan Adoption

Sec. 7. A township that meets the requirements of section 5 of this chapter must:
(1) adopt a capital improvement plan not later than September 30, 2020; and
(2) submit a copy of the adopted capital improvement plan to the department of local government finance in the manner prescribed by the department.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-8. Failure to Adopt a Plan

Sec. 8. A township may not collect property taxes in the ensuing year for a capital improvement fund described in section 3(3) through 3(8) of this chapter, unless the township has adopted a plan that meets the requirements of this chapter.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-9. Plan Requirements

Sec. 9. (a) The department of local government finance shall prescribe the format of a plan not later than September 1, 2019.
(b) A plan must:
(1) apply to at least the three (3) years immediately following the year the plan is adopted;
(2) estimate for each year to which the plan applies the nature and amount of proposed expenditures from each of the township's capital improvement funds; and
(3) estimate:
(A) the source of all revenue to be dedicated to the proposed expenditures in each of the three (3) calendar years; and
(B) the amount of property taxes to be collected in each of the three (3) calendar years and retained in the capital improvement funds for expenditures proposed for a later year.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-10. Amending a Plan

Sec. 10. A township trustee, with the approval of the township legislative body, may amend a plan to:
(1) provide money for the purposes of a capital improvement fund; or
(2) supplement money accumulated in a capital improvement fund for the purposes of the capital improvement fund.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 6. Government of Townships › Chapter 9. Township Capital Improvement Plan › 36-6-9-11. County Fiscal Body Consideration of Plan in Reviewing Township Budget

Sec. 11. A plan shall be considered by the county fiscal body in reviewing the township budget under IC 6-1.1-17-3.6.
As added by P.L.129-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 5 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
(2) The addition of section 22 of this chapter by P.L.335-1985 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.
(3) The amendments made to sections 20 and 22 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.
As added by P.L.220-2011, SEC.656.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-1. Application of Chapter

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981, P.L.309, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-2. "Advisory Plan Commission"

Sec. 2. "Advisory plan commission" means a municipal plan commission, a county plan commission, or a metropolitan plan commission.
[Pre-Local Government Recodification Citations: 18-7-3-8 part; 18-7-4-111 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-3. "Area Needing Redevelopment"

Sec. 3. "Area needing redevelopment" means an area in which normal development and occupancy are undesirable or impossible because of any of the following:
(1) Lack of development.
(2) Cessation of growth.
(3) Deteriorated or deteriorating improvements.
(4) Environmental contamination.
(5) Character of occupancy.
(6) Age.
(7) Obsolescence.
(8) Substandard buildings.
(9) Other factors that impair values or prevent a normal use or development of property.
[Pre-Local Government Recodification Citations: 18-7-7-3(a); 18-7-7.1-2(a); 18-7-7.5-1(h).]
As added by Acts 1981, P.L.309, SEC.3. Amended by P.L.185-2005, SEC.4; P.L.221-2007, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-4. "Board of Zoning Appeals"

Sec. 4. "Board of zoning appeals", unless preceded by a qualifying adjective, refers to a board of zoning appeals under either the advisory planning law, the area planning law, or the metropolitan development law.
[Pre-Local Government Recodification Citations: 18-7-4-104; 18-7-4-2 part.]
As added by Acts 1981, P.L.309, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-5. "Comprehensive Plan"

Sec. 5. "Comprehensive plan" means a composite of all materials prepared and approved under the 500 series of IC 36-7-4 or under prior law. It includes a master plan adopted under any prior law. The comprehensive plan is separate from any zoning ordinance as defined in section 22 of this chapter.
[Pre-Local Government Recodification Citations: 18-7-4-106; 18-7-4-2 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.5. Amended by Acts 1981, P.L.310, SEC.1; P.L.192-1984, SEC.2; P.L.335-1985, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-6. "Development Plan"

Sec. 6. "Development plan" means a specific plan for the development of real property that:
(1) requires approval by a plan commission under the 1400 series of IC 36-7-4;
(2) includes a site plan;
(3) satisfies the development requirements specified in the zoning ordinance regulating the development; and
(4) contains the plan documentation and supporting information required by the zoning ordinance.
[Pre-Local Government Recodification Citations: 18-7-4-120; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.6. Amended by Acts 1981, P.L.310, SEC.2; P.L.320-1995, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-6.5. "Excluded City"

Sec. 6.5. "Excluded city" means a city or town that is located within a county having a consolidated city as described in IC 36-3-1-7.
As added by P.L.161-2021, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-7. "Housing Authority"

Sec. 7. "Housing authority" refers to a housing authority established under IC 36-7-18.
[Pre-Local Government Recodification Citation: 18-7-12-3(a).]
As added by Acts 1981, P.L.309, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-8. "Housing Project"

Sec. 8. "Housing project" means any work or undertaking of a housing authority in planning improvements, acquiring property, demolishing structures, constructing, altering, and repairing improvements, and performing other acts necessary to:
(1) demolish, clear, or remove buildings from any area in which the majority of dwellings is detrimental to the public safety, health, and morals because of dilapidation, overcrowding, faulty design, lack of ventilation, light, or sanitary facilities, or a combination of these factors;
(2) provide decent, safe, and sanitary living accommodations; or
(3) accomplish a combination of these purposes.
[Pre-Local Government Recodification Citations: 18-7-11-3(j); 18-7-12-3(b).]
As added by Acts 1981, P.L.309, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-9. Repealed

[Pre-Local Government Recodification Citations: 18-7-1.1-3(c); 18-7-4-108; 18-7-4-2 part; 18-7-5-3 part; 18-7-6-2 part.]
As added by Acts 1981, P.L.309, SEC.9. Amended by Acts 1982, P.L.33, SEC.29. Repealed by P.L.213-1986, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-10. "Metropolitan Development Commission"

Sec. 10. "Metropolitan development commission" means the plan commission established by IC 36-7-4-202(c) for a county having a consolidated city. The term does not include a metropolitan plan commission established under IC 36-7-4-202(a).
As added by Acts 1981, P.L.309, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-11. "Metropolitan Plan Commission"

Sec. 11. "Metropolitan plan commission" means an advisory plan commission cooperatively established by a county and a second class city under IC 36-7-4-202(a). The term does not include the metropolitan development commission established by IC 36-7-4-202(c).
[Pre-Local Government Recodification Citations: 18-7-4-111 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-12. "Municipal Plan Commission"

Sec. 12. "Municipal plan commission" means a city plan commission or a town plan commission.
[Pre-Local Government Recodification Citations: 18-7-4-103; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-13. "Park Board"

Sec. 13. "Park board" means board of parks and recreation or board of park commissioners.
[Pre-Local Government Recodification Citations: 18-7-4-111 part; 18-7-4-2 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-14. "Plan Commission"

Sec. 14. "Plan commission", unless preceded by a qualifying adjective, means an advisory plan commission, an area plan commission, or a metropolitan development commission. The term does not include a regional planning commission established under IC 36-7-7.
[Pre-Local Government Recodification Citations: 18-7-4-112; 18-7-4-2 part.]
As added by Acts 1981, P.L.309, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-14.5. "Planned Unit Development"

Sec. 14.5. "Planned unit development" means development of real property:
(1) in the manner set forth by the legislative body in the zoning ordinance; and
(2) that meets the requirements of the 1500 series of IC 36-7-4.
As added by P.L.320-1995, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-15. "Planning Department"

Sec. 15. "Planning department" refers to an area planning department under the area planning law.
[Pre-Local Government Recodification Citations: 18-7-4-113; 18-7-4-2 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-16. "Public Place"

Sec. 16. "Public place" includes any tract owned by the state or a political subdivision.
[Pre-Local Government Recodification Citations: 18-7-4-115; 18-7-4-2 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-17. "Public Way"

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-18. "Redevelopment"

Sec. 18. "Redevelopment" includes the following activities:
(1) Acquiring real property in areas needing redevelopment.
(2) Replatting and determining the proper use of real property acquired.
(3) Opening, closing, relocating, widening, and improving public ways.
(4) Relocating, constructing, and improving sewers, utility services, offstreet parking facilities, and levees.
(5) Laying out and constructing necessary public improvements, including parks, playgrounds, and other recreational facilities.
(6) Restricting the use of real property acquired according to law.
(7) Repairing and maintaining buildings acquired, if demolition of those buildings is not considered necessary to carry out the redevelopment plan.
(8) Rehabilitating real or personal property to carry out the redevelopment or urban renewal plan, regardless of whether the real or personal property is acquired by the unit.
(9) Investigating and remediating environmental contamination on real property to carry out the redevelopment or urban renewal plan, regardless of whether the real property is acquired by the unit.
(10) Disposing of property acquired on the terms and conditions and for the uses and purposes that best serve the interests of the units served by the redevelopment commission.
(11) Making payments required or authorized by IC 8-23-17.
(12) Performing all acts incident to the statutory powers and duties of a redevelopment commission.
[Pre-Local Government Recodification Citations: 18-7-4-119; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.18. Amended by Acts 1982, P.L.77, SEC.7; P.L.18-1990, SEC.291; P.L.185-2005, SEC.5; P.L.221-2007, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-19. "Subdivision"

Sec. 19. "Subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by the legislative body under IC 36-7-4.
[Pre-Local Government Recodification Citation: 18-4-20-7.]
As added by Acts 1981, P.L.309, SEC.19. Amended by Acts 1981, P.L.310, SEC.3; Acts 1982, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-20. "Thoroughfare"

Sec. 20. "Thoroughfare" means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains.
[Pre-Local Government Recodification Citations: 18-7-4-117; 18-7-4-2 part; 18-7-5-3 part.]
As added by Acts 1981, P.L.309, SEC.20. Amended by Acts 1981, P.L.310, SEC.4; P.L.220-1986, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-21. Repealed

[Pre-Local Government Recodification Citation: 18-7-3-2 part.]
As added by Acts 1981, P.L.309, SEC.21. Repealed by Acts 1981, P.L.310, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 1. Definitions › 36-7-1-22. "Zoning Ordinance"

Sec. 22. "Zoning ordinance" refers to an ordinance adopted under the 600 series of IC 36-7-4 or under prior law. The term includes:
(1) PUD district ordinances (as defined in IC 36-7-4-1503); and
(2) all zone maps incorporated by reference into the ordinance as provided in the 600 series of IC 36-7-4.
As added by P.L.335-1985, SEC.2. Amended by P.L.220-1986, SEC.2; P.L.320-1995, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-1. Planning and Zoning Powers of Reorganized Units

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships.
(b) A unit consisting of:
(1) two (2) or more townships; and
(2) at least one (1) municipality;
that has reorganized under IC 36-1.5 may exercise planning and zoning power under IC 36-7-4 if the unit's plan of reorganization under IC 36-1.5 authorizes the unit to exercise planning and zoning powers.
[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]
As added by Acts 1980, P.L.211, SEC.2. Amended by P.L.202-2013, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-2. Planning and Regulation of Real Property; Access to Solar Energy

Sec. 2. A unit may plan for and regulate the use, improvement, and maintenance of real property and the location, condition, and maintenance of structures and other improvements. A unit may also regulate the platting and subdividing of real property and number the structures abutting public ways. In planning for and regulating the use of land or in regulating the platting or subdividing of real property, a unit may also regulate access to incident solar energy for all categories of land use.
[Pre-Local Government Recodification Citations: 18-1-1.5-6(d); 18-1-1.5-10 (Intro.); 18-1-1.5-10(b); 18-1-1.5-10(c); 18-1-1.5-10(d); 18-1-1.5-10(e); 18-1-1.5-10(f); 18-1-1.5-10(i); 18-1-1.5-11 part; 18-3-1-51 part; 18-4-2-18 part; 18-4-2-25 part; 18-5-10-7 part.]
As added by Acts 1980, P.L.211, SEC.2. Amended by Acts 1981, P.L.311, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-3. Inspection of Structures or Improvements

Sec. 3. A unit may inspect any structure or other improvement at any reasonable time.
[Pre-Local Government Recodification Citations: 18-1-1.5-10(a); 18-4-2-18 part.]
As added by Acts 1980, P.L.211, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-4. Regulation of Alteration and Construction of Structures and Improvements; Bonds

Sec. 4. A unit may regulate methods of, and use of materials in repair, alteration, and construction of structures and other improvements. The unit also may require the execution of a bond by any person repairing, altering, or constructing structures or other improvements.
[Pre-Local Government Recodification Citations: 18-1-1.5-10(g); 18-1-1.5-10(h); 18-1-1.5-10(k); 18-3-1-38 part; 18-4-2-18 part.]
As added by Acts 1980, P.L.211, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-5. Repair, Alteration, or Destruction of Structures and Improvements

Sec. 5. A unit may repair, alter, or destroy structures and other improvements if necessary.
[Pre-Local Government Recodification Citations: 18-1-1.5-10(j); 18-4-2-18 part.]
As added by Acts 1980, P.L.211, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-5.5. Removal or Alteration of a Sign as a Condition of Issuing a Permit, License, or Variance

Sec. 5.5. A unit may not require that a lawfully erected sign be removed or altered as a condition of issuing:
(1) a permit;
(2) a license;
(3) a variance; or
(4) any other order concerning land use or development;
unless the owner of the sign is compensated in accordance with IC 32-24 or has waived the right to and receipt of damages in writing.
As added by P.L.163-2006, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-6. Regulation of Movement or Removal of Earth Below Ground Level

Sec. 6. A unit may regulate excavation, mining, drilling, and other movement or removal of earth below ground level.
[Pre-Local Government Recodification Citation: 18-1-1.5-11(a).]
As added by Acts 1980, P.L.211, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-7. Promotion of Economic Development and Tourism

Sec. 7. A unit may promote economic development and tourism.
[Pre-Local Government Recodification Citations: 18-6-12-1; 18-6-22-1.]
As added by Acts 1980, P.L.211, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-8. Solar Energy Systems; Ordinances; Reasonable Restrictions

Sec. 8. (a) As used in this section, "solar energy system" means either of the following:
(1) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for water heating; or
(2) any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of energy for space heating or cooling, or for water heating.
(b) A unit may not adopt any ordinance which has the effect of prohibiting or of unreasonably restricting the use of solar energy systems other than for the preservation or protection of the public health and safety.
(c) This section does not apply to ordinances which impose reasonable restrictions on solar energy systems. However, it is the policy of this state to promote and encourage the use of solar energy systems and to remove obstacles to their use. Reasonable restrictions on solar energy systems are those restrictions which:
(1) do not significantly increase the cost of the system or significantly decrease its efficiency; or
(2) allow for an alternative system of comparable cost and efficiency.
As added by Acts 1981, P.L.311, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-9. Compliance With Code of Building Laws and Orders

Sec. 9. Each unit shall require compliance with:
(1) the code of building laws and fire safety laws that is adopted in the rules of the fire prevention and building safety commission under IC 22-13;
(2) orders issued under IC 22-13-2-11 that grant a variance to the code of building laws and fire safety laws described in subdivision (1);
(3) orders issued under IC 22-12-7 that apply the code of building laws described in subdivision (1);
(4) IC 22-15-3-7; and
(5) a written interpretation of a building law and fire safety law binding on the unit under IC 22-13-5-3 or IC 22-13-5-4.
As added by P.L.245-1987, SEC.19. Amended by P.L.71-1999, SEC.3; P.L.22-2005, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-9.5. Building Code Violation; Identification of Violation; Citation to Law, Order, or Interpretation Violated

Sec. 9.5. This section applies to any inspection of a building, structure, improvement, or other project that is required as part of the issuance of a building permit or improvement location permit. If a building code official or inspector finds that a building, structure, improvement, or other project violates an applicable law, order, or interpretation under section 9 of this chapter, the official or inspector shall:
(1) identify the specific:
(A) feature of the building, structure, improvement, or project that is noncompliant; and
(B) law, order, or interpretation upon which the finding of
noncompliance is based, specifying the edition, chapter, and section of any applicable building or fire code; and
(2) provide the information to the permit applicant.
As added by P.L.253-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-10. Ordinance Making Forestry Operation a Nuisance or Abating Operation Void; Exceptions to Valid Ordinance

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-11. Land Use Ordinances, General or Specific Planning Ordinances, or Land Use Petitions Adopted After December 31, 2016; Void if in Violation of Law Prohibiting Regulations Having Effect of Controlling Rent or Purchase Price or of Requiring Property to Be Designated for Lease or Sale Based on Income or Assets

Sec. 11. Any:
(1) land use ordinance or regulation;
(2) general or specific planning ordinance or regulation; or
(3) land use petition (as described in IC 36-1-24.2-2) conditioned upon the:
(A) payment of a fee; or
(B) assumption of a requirement described in IC 36-1-24.2-1(1) or IC 36-1-24.2-1(2);
that is adopted by a county or municipality after December 31, 2016, and that violates IC 36-1-24.2 is void.
As added by P.L.266-2017, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-12. Regulations Regulating Size or Age of Mobile Home, Manufactured Home, or Industrialized Residential Structure Prohibited

Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section.
(b) Unless required under IC 36-7-2-9 and and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f) a unit may not adopt, impose, or enforce a regulation that:
(1) mandates size requirements for or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27; or
(2) is based on the age of a mobile home, a manufactured home, or an industrialized residential structure that will be installed on other private property;
regardless of whether the mobile home community or other private property, in whole or in part constitutes a conforming structure or use or a legal, nonconforming structure or use.
(c) Nothing in this section shall be construed to prohibit a unit from adopting or enforcing a requirement of a regulation related to:
(1) transportation;
(2) water and sewer service; or
(3) another requirement concerning the use or development of land.
(d) Unless required under IC 36-7-2-9, after March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes a provision that violates, subsection (b);
(B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (b), regardless of when the regulation was originally adopted or imposed; or
(C) enforce a provision in a regulation adopted or imposed by the unit if the provision violates subsection (b), regardless of when the regulation or provision was originally adopted or imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit; and
(B) violates subsection (b);
is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.
As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3; P.L.137-2023, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 2. General Powers Concerning Planning and Development › 36-7-2-13. Adoption or Enforcement of an Ordinance or Regulation; Chapter House

Sec. 13. (a) As used in this section, "chapter house" means a building or portion of a building used as a residence for students who are:
(1) active members of the same fraternity or sorority; and
(2) enrolled at the same college or university.
(b) As used in this section, "college or university" has the meaning set forth in IC 21-7-13-10.
(c) As used in this section, "ordinance or regulation" means a planning or zoning ordinance or regulation adopted under IC 36-7-4.
(d) A county, city, or town may not:
(1) adopt an ordinance or regulation that; or
(2) enforce an ordinance or regulation in a manner that;
differentiates between chapter houses on the sole basis of whether a chapter house is approved or recognized by a college or university or a chapter house is not approved or recognized by a college or university.
As added by P.L.137-2023, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 1, 2, 10, 11, and 16 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.
As added by P.L.220-2011, SEC.657.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-1. Application of Chapter

Sec. 1. (a) Section 2 of this chapter applies only to areas subject to the jurisdiction of no plan commission under this article.
(b) Sections 3 through 9 of this chapter apply only to:
(1) areas subject to the jurisdiction of an advisory plan commission under this article; and
(2) areas subject to the jurisdiction of no plan commission under this article.
(c) Sections 10, 14, and 16 of this chapter apply to all areas of the state.
(d) Sections 12, 13, and 15 of this chapter apply to all areas of the state, except in a county having a consolidated city.
[Pre-Local Government Recodification Citations: Part new; 18-7-2-56 part; 18-7-4-711(b); 18-7-4-62 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.5; P.L.220-1986, SEC.3; P.L.126-2011, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-3. Laying Out of Town, Addition to Municipality, or Subdivision of Lots or Lands Within Boundaries of Municipality; Requisites, Approval, and Recording of Plat; Donations or Grants to Public

Sec. 3. (a) A person who lays out:
(1) a town;
(2) an addition to a municipality; or
(3) a subdivision of lots or lands within the corporate boundaries of a municipality;
shall record a correct plat of the town, addition, or subdivision in the office of the recorder of the county before selling any lots in the town, addition, or subdivision. The plat must show public grounds, public ways, and the length, width, and size of each lot. Lots shown on the plat must be regularly numbered.
(b) Every donation or grant to the public, or to any person, that is noted as such on the plat, is considered a general warranty to the donee or grantee named on the plat, for the purposes intended by the donor or grantor.
(c) Before offering a plat for record under this section, a person must acknowledge it before an officer authorized by law to take and certify acknowledgments of deeds. The plat may be recorded only if it is made and acknowledged in the manner prescribed by this section.
(d) Before a person offers a plat for recording under this section, the person must submit it for the approval of:
(1) the advisory plan commission that has jurisdiction over the platted area under IC 36-7-4; or
(2) the municipal works board, if no advisory plan commission has jurisdiction over the platted area under IC 36-7-4.
The advisory plan commission or works board shall approve or disapprove the plat, and may require the public ways shown in the plat to be as wide as, and coterminous with, the public ways in contiguous parts of the municipality. The county recorder may record the plat only if a certificate showing the approval of the plan commission or works board is attached to it. If the record of a plat is not executed and approved as required by this subsection, it is void.
[Pre-Local Government Recodification Citations: 18-5-10-33; 18-5-10-34; 18-7-4-711(a) part; 18-7-5-54 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.127-2017, SEC.168.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-4. Survey and Plat; Order; Adoption; Resolutions; Requisites

Sec. 4. (a) A municipality that does not have a sufficient survey and plat of its corporate territory may, by a resolution of its legislative body passed by a two-thirds (2/3) vote, order a survey and plat of the municipality. When the survey and plat have been made, the legislative body may adopt them by a resolution passed by three-fourths (3/4) vote (as described in IC 36-1-8-14). If a survey and plat of the municipality have already been made, without the order of the legislative body, it may adopt them by a resolution passed by a three-fourths (3/4) vote.
(b) The survey and plat are considered adopted by the municipality for all purposes if a certified copy of the resolution adopting the survey and plat is:
(1) signed by the municipal executive and clerk;
(2) attested by the seal of the municipality; and
(3) recorded with the survey and plat in the office of the recorder of the county in which the municipality is located.
The copy of the resolution must include a statement of the names of the persons voting for and against it.
[Pre-Local Government Recodification Citation: 18-5-10-35.]
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.125-2001, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 3. Platting and Vacation of Real Property › 36-7-3-5. Surveying, Platting, and Numbering of Tracts of Land in Municipality; Requisites, Approval, and Recording of Plat; Public Ways

Sec. 5. (a) If there are five (5) or more specific tracts of land in a municipality that:
(1) approximate in size any of the platted lots in the municipality;
(2) are not platted or numbered; and
(3) are near or contiguous to each other;
the municipal legislative body may cause the tracts to be surveyed, platted, and given a specific number on the plat. If the survey and plat are approved by the legislative body and recorded in the platbook records of the county in which the municipality is located, they have the same legal effect as if they had been made by the owners of the tracts under section 3 of this chapter.
(b) Tracts surveyed under this section may be described and conveyed by the numbers assigned to them, in the same manner as other platted lots. However, a new public way may be laid out or opened only with the written consent of the owner of the real property to be affected.
[Pre-Local Government Recodification Citation: 18-5-10-36.]
As added by Acts 1981, P.L.309, SEC.22.