reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-8. Comprehensive Plan; Joint District Limits; New Municipality Within Existing Joint District

Sec. 8. (a) A commission may adopt a comprehensive plan (as provided for under the 500 Series of the advisory planning law) for the development of the joint district. The comprehensive plan, if adopted, does not have extraterritorial effect outside the defined boundaries of the joint district. However, a comprehensive plan adopted by a commission supersedes an existing or conflicting comprehensive plan governing any of the joint district.
(b) Before exercising its rights, powers, and duties under this chapter or the advisory planning law with respect to an area designated as a joint district, a commission must file with the recorder of each county in which a part of the joint district is located a description or map defining the limits of the joint district. If the commission revises the limits, it shall file a revised description or map defining those revised limits with each recorder.
(c) Until the commission adopts a comprehensive plan, a comprehensive plan that was in effect before the formation of the joint district applies to that portion of the joint district controlled by that comprehensive plan.
(d) Whenever a new municipality is incorporated and its boundaries lie in whole or in part within a joint district, the commission continues to exercise territorial jurisdiction within the new municipality or that portion of the municipality within the joint district, until the effective date of a municipal ordinance:
(1) establishing an advisory plan commission under IC 36-7-4-202(a); or
(2) adopting the area planning law under IC 36-7-4-202(b).
Beginning on that effective date, the planning and zoning function of the municipality shall be exercised by the municipality under the advisory planning law or area planning law.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-9. Membership of Commission

Sec. 9. The members of the commission shall be determined as follows:
(1) The legislative body of each county where any part of the joint district is located shall choose four (4) members.
(2) The legislative body of each municipality having a population of more than three thousand (3,000) and less than fifteen thousand (15,000), that passes an ordinance establishing a joint district and that is located within five (5) miles of the joint district shall choose three (3) members.
(3) The city plan commission (or similar body) of each municipality having a population of more than twenty-five thousand (25,000) and less than fifty thousand (50,000), that passes an ordinance establishing a joint district and that is located within ten (10) miles of the joint district shall choose two (2) members.
(4) The executive of each municipality meeting the population, proximity, and ordinance requirements of subdivision (3) shall choose one (1) member.
As added by P.L.300-1989, SEC.2. Amended by P.L.11-2023, SEC.119.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-11. Membership Qualifications

Sec. 11. (a) Each member of the commission must have:
(1) knowledge and experience regarding affairs in the joint district;
(2) awareness of the social, economic, agricultural, and industrial conditions of the joint district; and
(3) an interest in the development of the joint district.
(b) A challenge to the appointment of a member based on the qualifications described in subsection (a) must be filed within thirty (30) days after the appointment. The challenge may be filed in the circuit court, superior court, or probate court of any county that contains the entire joint district or any part of the joint district.
(c) Except as provided in subsection (d), a member must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the district.
(d) In a joint district that contains all or part of a county having a population of more than eighty-two thousand (82,000) and less than eighty-three thousand (83,000), two (2) of the members appointed by the legislative body of that county under section 9(1) of this chapter must, in addition to the requirements of subsections (a) and (b), be residents of any township that is entirely or partially located within the joint district.
As added by P.L.300-1989, SEC.2. Amended by P.L.12-1992, SEC.167; P.L.170-2002, SEC.155; P.L.119-2012, SEC.197; P.L.84-2016, SEC.179; P.L.104-2022, SEC.178.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-13. Office Space

Sec. 13. One (1) of the counties or municipalities that adopted an ordinance creating the joint district shall provide suitable offices for the holding of commission meetings and for preserving the plans, maps, accounts, and other documents of the commission.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-14. Appropriations

Sec. 14. After one (1) or more municipalities and one (1) or more counties cooperatively establish a joint district, the units creating the joint district may make an appropriation to carry out the duties of the commission. The units may apportion appropriations for the commission in any manner the units determine appropriate.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-15. Acceptance of Gifts, Donations, and Grants; Deposit; Use

Sec. 15. (a) A commission may accept gifts, donations, and grants from private or governmental services for commission purposes. The commission shall deposit money that it receives under this section in a joint district fund (or other suitable fund). The commission shall keep these funds available for expenditures for the purpose designated.
(b) The commission shall prepare and adopt an annual budget and submit it to the joint district council for approval or revision. If the joint district council does not consider the budget within thirty (30) days after submission of the budget, the budget is considered approved by the joint district council. After approval of the budget, money may be expended only as budgeted, or as provided in this section for the use of unexpended or unencumbered funds.
(c) Any appropriated amounts remaining unexpended or unencumbered at the end of the fiscal year become part of a nonreverting cumulative joint district fund (or other suitable fund that the commission may establish) to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund.
(d) A commission is responsible for the safekeeping and deposit of money it receives under this chapter. The state board of accounts shall prescribe the methods and forms for keeping the accounts, records, and books of the commission and shall periodically audit the commission.
(e) The secretary of the commission may receive, disburse, and handle money belonging to the commission, subject to applicable statutes and to any procedures that the commission may establish.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-16. Employees; Professional Counsel; Delegation of Authority

Sec. 16. (a) The commission shall prescribe the qualifications, appoint, remove, prescribe the duties, and fix the compensation of employees necessary for the discharge of the duties of the commission. The compensation must be in conformity with salaries and compensation fixed up to that time for similar work by the fiscal body of a municipality or county that created the joint district.
(b) The commission may contract for special or temporary services of a professional counsel.
(c) The commission shall delegate authority to its employees to perform ministerial acts in all cases unless final action of the commission is necessary.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-17. Duties of Commission

Sec. 17. The commission has the duties listed in IC 36-7-4-401 to the extent those duties are consistent with this chapter.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-18. Lawsuits; Process; Costs

Sec. 18. A commission may sue and be sued, with service of process upon the president of the commission. No costs may be taxed against the commission or any commission members in an action.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-19. Duties of Commission Under Ic 36-7-4-405

Sec. 19. The commission shall comply with IC 36-7-4-405 to the extent those duties are consistent with this chapter.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-20. Continuation of Preexisting Zoning Ordinances

Sec. 20. Until the commission adopts a zoning ordinance in the manner provided for under the 600 series of the advisory planning law, the zoning ordinance, if any, that is then in effect for the portion of the joint district controlled by that zoning ordinance shall continue in effect.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-21. Conforming Structure and Location

Sec. 21. Within the joint district:
(1) a structure may not be located; and
(2) an improvement location permit for a structure on platted or unplatted land may not be issued;
unless the structure and location conform to the joint district zoning ordinance.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-22. Improvement Location Permits

Sec. 22. The joint district zoning ordinance may designate an official or employee of the commission to issue improvement location permits within the jurisdiction of the commission and in conformance with the joint district zoning ordinance.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-23. Board of Zoning Appeals

Sec. 23. (a) Notwithstanding IC 36-7-4-901, the commission shall establish a board of zoning appeals.
(b) The board of zoning appeals shall be composed of one (1) division of five (5) members who are selected according to section 24 of this chapter.
(c) The board of zoning appeals shall be known as the joint district board of zoning appeals.
(d) Except as provided in this section, a joint district board of zoning appeals has the exclusive territorial jurisdiction over all real property in the joint district.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-24. Membership of Zoning Appeals Board

Sec. 24. Notwithstanding IC 36-7-4-902, the division of the joint district board of zoning appeals consists of five (5) members as follows:
(1) One (1) citizen member appointed by the commission who may or may not be a member of the commission.
(2) Two (2) citizen members appointed by the legislative body of the county having the most acreage of real property in the joint district.
(3) One (1) citizen member appointed by the most populous municipality that passed an ordinance creating the joint district.
(4) One (1) citizen member appointed by the second most populous municipality that passed an ordinance creating the district.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-25. Multiple Office Holding; Residence Requirement

Sec. 25. (a) A member of the joint district board of zoning appeals may hold no other elective or appointive office in municipal, county, or state government, except as permitted by IC 36-7-4-902.
(b) A member of the joint district board of zoning appeals must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the joint district.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.1. Joint District Planning and Zoning › 36-7-5.1-26. Variances

Sec. 26. Notwithstanding IC 36-7-4-918.4, the joint district board of zoning appeals may not grant a variance of use from the terms of the applicable zoning ordinance.
As added by P.L.300-1989, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.2. Regulation of Amateur Radio Antennas › 36-7-5.2-1. Limited Federal Preemption

Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio service adopted under 47 CFR Part 97.
As added by P.L.109-2003, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.2. Regulation of Amateur Radio Antennas › 36-7-5.2-2. Municipal or County Ordinance

Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must:
(1) reasonably accommodate amateur radio communications; and
(2) represent the minimal regulation practicable to accomplish the municipality's or county's legitimate purpose.
As added by P.L.109-2003, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 5.2. Regulation of Amateur Radio Antennas › 36-7-5.2-3. Historic District

Sec. 3. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law.
As added by P.L.109-2003, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 6. Repealed

[Pre-Local Government Recodification Citations:
36-7-6-1formerly 18-7-19-4 part; 18-7-23-1 part36-7-6-2subsection (a) formerly 18-7-23-1 part; subsection (b) formerly 18-7-19-4(b)36-7-6-3subsection (a) formerly 18-7-23-2; subsection (b) formerly 18-7-19-136-7-6-4subsection (a) New; subsection (b) formerly 18-7-19-4(a)36-7-6-5formerly 18-7-19-2 part; 18-7-23-3; 18-7-23-4 part36-7-6-6formerly 18-7-19-2 part; 18-7-23-4 part36-7-6-7formerly 18-7-19-3 part; 18-7-23-636-7-6-8formerly 18-7-19-3 part; 18-7-23-7 part36-7-6-9subsection (a) formerly 18-7-23-7 part; 18-7-23-11; subsection (b) formerly 18-7-19-3 part; 18-7-19-5(d)36-7-6-10subsection (a) formerly 18-7-23-9; subsection (b) formerly 18-7-19-5(b)36-7-6-11formerly 18-7-19-5(a); 18-7-23-836-7-6-12formerly 18-7-19-5(e); 18-7-23-1236-7-6-13formerly 18-7-19-5(c); 18-7-23-1036-7-6-14formerly 18-7-19-5(g); 18-7-23-1436-7-6-15formerly 18-7-19-5(i); 18-7-23-1636-7-6-16formerly 18-7-19-5(h); 18-7-23-1536-7-6-17formerly 18-7-19-5(j); 18-7-19-8; 18-7-23-1736-7-6-18formerly 18-7-19-5(f); 18-7-23-1336-7-6-19subsection (a) formerly 18-7-23-20; subsection (b) formerly 18-7-23-1836-7-6-20formerly 18-7-19-736-7-6-21formerly 18-7-19-6; 18-7-23-1936-7-6-22formerly 18-7-19-2 part; 18-7-23-536-7-6-23formerly 4-26-3-27 part36-7-6-24formerly 18-7-23-21.]
Repealed by P.L.1-1995, SEC.91.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-1. Application of Chapter

Sec. 1. This chapter applies to any area consisting of two (2) or more counties (referred to as a "region" in this chapter).
[Pre-Local Government Recodification Citation: 18-7-1.1-3(f).]
As added by Acts 1981, P.L.309, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-2. Establishment; Inapplicability of Certain Tax

Sec. 2. (a) The legislative bodies of all the counties in a region may, by concurrent resolutions, request the establishment of a regional planning commission (referred to as a "commission" in this chapter). Official copies of the resolutions must be forwarded to the governor, who shall then appoint himself or herself, or a member of the governor's staff to immediately notify the other members of the commission and to act as temporary chair for the election of officers. The commission shall, by resolution, designate a name for itself that reflects the commission's role and function and that may include the words "Regional Planning Commission".
(b) This subsection applies to each commission established after July 1, 1978. A county participating in a commission is not subject to the tax imposed under section 12 of this chapter, unless all the concurrent resolutions establishing the commission accept the application of the tax.
[Pre-Local Government Recodification Citations: 18-7-1.1-2; 18-7-1.1-3(b).]
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.144-1992, SEC.1; P.L.127-2017, SEC.177.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-3. Counties Transferring Membership Between Commissions or Joining Existing Commissions; Procedure

Sec. 3. (a) A county may request a change in its participation from one (1) commission to another, or request to join a commission if it is not participating, under subsection (b).
(b) The legislative body of the county must, by resolution, request the inclusion of the county in the commission. The county auditor shall transmit a copy of the resolution to the governor, the chair of the commission, and, if applicable, the chair of the commission that the county is requesting to leave.
(c) The commission to be joined may consider a request under subsection (b). It may, by a majority vote of all its members, adopt a resolution including the requesting county in the commission.
(d) Whenever a resolution is adopted under subsection (c), the chair of the commission shall call a meeting to organize the enlarged commission. The chair shall call to this meeting all members of the commission plus:
(1) if the new county is changing its participation from one (1) commission to another, the persons from that county who served on the commission that the county is leaving; or
(2) if the new county has not been participating, a representative of the executive of that county.
[Pre-Local Government Recodification Citation: 18-7-1.1-2.5.]
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.178.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-4. Members; Appointment; Compensation; Certification; Vacancies

Sec. 4. (a) The following members of the commission shall be appointed from each county in the region:
(1) A representative of the county executive who may be either a member of the executive or a person appointed by it.
(2) A representative of the county fiscal body who must be a member of the fiscal body.
(b) The following members of the commission shall be appointed from each county in the region having a population of more than fifty thousand (50,000):
(1) The county surveyor or a person appointed by the surveyor.
(2) Two (2) persons appointed by the executive of each municipality having a population of more than fifty thousand (50,000).
(3) One (1) person appointed by the executive of each of the seven (7) largest municipalities having a population of less than fifty thousand (50,000). If there are fewer than seven (7) municipalities, enough additional persons appointed by the county executive to bring the total appointed under this subdivision to seven (7).
(c) The following members of the commission shall be appointed from each county in the region having a population of less than fifty thousand (50,000):
(1) One (1) person appointed by the executive of each of the five (5) largest municipalities or of each municipality if there are fewer than five (5).
(2) If there are fewer than five (5) municipalities, enough additional persons appointed by the county executive to bring the total appointed under this subsection to five (5).
(d) One (1) voting member of the commission shall be appointed by the governor.
(e) At least two-thirds (2/3) of the commission members must be elected officials. All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economic development of the region; and
(2) residents of the municipality, county, or region that they represent.
A member of the commission may also serve as a member of a plan commission in the region.
(f) Members of the commission shall serve without salary but may be reimbursed for expenses incurred in the performance of their duties.
(g) The respective appointing authorities shall certify their appointments, and the certification shall be retained as a part of the records of the commission.
(h) If a vacancy occurs by resignation or otherwise, the respective appointing authority shall appoint a member for the unexpired term. Members shall be certified annually, and their terms expire on December 31 of each year.
[Pre-Local Government Recodification Citation: 18-7-1.1-4(a), (b), (c).]
As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981, P.L.310, SEC.63; P.L.144-1992, SEC.2; P.L.168-1994, SEC.1; P.L.165-2003, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-5. Officers; Meetings; Notice; Rules; Record of Proceedings; Quorum

Sec. 5. (a) At its first regular meeting in each year the commission shall elect from its members a chair, vice chair, secretary, and a treasurer, not more than two (2) of whom may be from the same county. If the region is divided into subregions under section 10 of this chapter, there must be at least one (1) officer from each subregion. The vice chair may act as chair during the absence or disability of the chair.
(b) The commission shall fix the time and place for holding regular meetings, but it shall meet at least quarterly and at such other times as may be established by the commission or the executive board. Special meetings of the commission may be called by the chair or by five (5) members of the commission upon written request to the secretary. The secretary shall send to all the members at least forty-eight (48) hours in advance of a special meeting a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting, or if all the members are present at the special meeting. Notice of any meeting may be waived by a member by a written waiver filed with the secretary.
(c) The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which is a public record.
(d) A majority of members constitutes a quorum. An action of the commission is official, however, only if it is authorized by a majority of the commission at a regular or properly called special meeting with at least one (1) member from each county in the region present.
[Pre-Local Government Recodification Citations: 18-7-1.1-4(d), (f), (g), (h); 18-7-1.1-5(d).]
As added by Acts 1981, P.L.309, SEC.26. Amended by Acts 1981, P.L.310, SEC.64; P.L.127-2017, SEC.179.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-6. Executive Board

Sec. 6. (a) The commission shall elect from among its members an executive board consisting of:
(1) the four (4) officers of the commission;
(2) one (1) member of the commission from each county in the region;
(3) one (1) additional member of the commission from each county in the region having a population of more than fifty thousand (50,000); and
(4) the nonvoting member of the commission appointed by the governor.
All members shall be elected by a vote of the full membership of the commission.
(b) If a vacancy occurs in the executive board a successor shall be elected from among the members in the same manner as the member whose position has been vacated.
(c) The executive board shall conduct the business of the commission, except for:
(1) the adoption and amendment of bylaws, rules, and procedures for the operation of the commission;
(2) the election of officers and members of the executive board as provided in this chapter; and
(3) the adoption of the annual appropriation budget after review by the executive board.
(d) The executive board shall meet regularly at least once each month, unless otherwise determined by its members. The executive board shall notify the full membership of the commission of all its meetings with copies of its preliminary or final agendas and shall report all its actions and determinations to the full membership of the commission.
(e) A majority of members constitutes a quorum. An action of the executive board is official, however, only if it is authorized by a majority of the board at a regular or properly called special meeting. Any action of the executive board shall be reviewed at the next regular meeting of the commission following the executive board's action, and upon the written request of a member of the commission, the action shall be brought to a vote of the full commission.
[Pre-Local Government Recodification Citation: 18-7-1.1-4(e), (h), (i).]
As added by Acts 1981, P.L.309, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-8. Agreements With Other States

Sec. 8. Counties in the region may enter into agreements with other states, but these agreements do not affect other counties, subregions, or the region. One subregion may also contract with other subregions for services or programs.
[Pre-Local Government Recodification Citation: 18-7-1.1-5(h).]
As added by Acts 1981, P.L.309, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-9. Objections to Program; Petition

Sec. 9. Whenever the commission receives a petition signed by a majority of the commission members representing a county affected by a particular program, objecting to the establishment of the program within that county, the commission may not implement the program in that county.
[Pre-Local Government Recodification Citation: 18-7-1.1-5(i).]
As added by Acts 1981, P.L.309, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-10. Subregional Committees

Sec. 10. (a) A commission may organize into not more than two (2) subregions and provide for the organization of two (2) subregional planning committees, and for meetings and rules of procedure of those committees. These rules of procedure shall be adopted as a part of the rules and bylaws of the commission.
(b) The actions of each subregional committee shall be referred to the other for review. The executive director and staff of the commission shall serve both subregional committees. Each subregional committee shall consider problems that do not directly affect the other subregion. Each subregional committee may hold meetings and elect a chair and secretary from among its own members.
[Pre-Local Government Recodification Citation: 18-7-1.1-8.]
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.180.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-11. Executive Director; Powers and Duties

Sec. 11. (a) The commission shall appoint an executive director who shall serve at the pleasure of the commission as reviewed and recommended by the executive board. The executive director must be qualified by training and experience in the management of public agencies and knowledgeable in planning.
(b) The executive director is the chief administrative officer and regular technical advisor of the commission. Subject to supervision by the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often if required, a status report on the operation of the agency;
(4) may, with the approval of the executive board, execute contracts, leases, or agreements on behalf of the commission with other persons;
(5) is entitled, upon the executive director's written request, to be given access by all governmental agencies to all studies, reports, surveys, records, and other information and material in their possession that are required by the executive director for the accomplishment of the activities and objectives of the commission;
(6) shall propose annually a budget for the operation of the commission and administer the budget as approved by the commission;
(7) shall keep the records and care for and preserve all papers and documents of the commission; and
(8) shall perform other duties and may exercise other powers that the commission or the executive board delegates to the executive director.
[Pre-Local Government Recodification Citation: 18-7-1.1-6.]
As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.181.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7. Regional Planning Commissions › 36-7-7-13. Economic Development Districts; Definition; Payments by Counties; Use of Funds

Sec. 13. (a) An economic development district is a group of adjacent counties that:
(1) contains at least two (2) redevelopment counties;
(2) includes an economic development growth center; and
(3) has been officially designated as an economic development district by the federal government under Title 42, U.S.C. section 3171, on the recommendation of the state.
(b) Counties may make payments to officially designated economic development districts. The board of directors of the economic development district shall determine the amount of the payments, which may be based on the assessed valuation or the population of each county, and the method of making the payments, subject to appropriations by the fiscal bodies of the counties comprising the economic development district.
(c) The economic development district may receive and expend all sums appropriated or granted to it for purposes and activities authorized by law, and shall deposit these sums in its own name and follow all accounting, bonding, and auditing procedures required by law.
(d) The economic development district is responsible for the administration, safekeeping, and deposit of any monies appropriated or granted to it, and may delegate all or part of that responsibility to a designated financial officer.
(e) The economic development district may receive grants from federal, state, or local governments for the purpose of carrying out any of the planning and development activities of the district.
(f) Any sums appropriated to an economic development district that remain uncommitted at the end of the budget year revert on a pro rata basis to the general funds of the counties comprising the district.
[Pre-Local Government Recodification Citations: 18-7-17-1; 18-7-17-2.]
As added by Acts 1981, P.L.309, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.5. Multiple County Special Plan Commission for Reservoir Areas › 36-7-7.5-1. Application of Chapter

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.5. Multiple County Special Plan Commission for Reservoir Areas › 36-7-7.5-2. Establishment of Commission; Interlocal Agreement

Sec. 2. Notwithstanding any other law, the executive of two (2) or more counties may, by interlocal agreement under IC 36-1-7, establish a multiple county special plan commission (referred to in this chapter as the "commission").
As added by P.L.168-1990, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.5. Multiple County Special Plan Commission for Reservoir Areas › 36-7-7.5-3. Jurisdiction; Geographic Area

Sec. 3. The geographic area over which a commission has jurisdiction may only consist of unincorporated territory that is in the watershed of a large scale water reservoir project.
As added by P.L.168-1990, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.5. Multiple County Special Plan Commission for Reservoir Areas › 36-7-7.5-4. Interlocal Agreement; Contents

Sec. 4. The interlocal agreement that establishes a commission must provide the following:
(1) The geographic boundaries of the territory over which the commission has jurisdiction.
(2) That the purpose of the commission is the exercise of local planning and zoning functions.
(3) The composition, selection, and terms of members for the commission.
(4) The methods to be used for adopting, enforcing, and administering commission ordinances.
(5) The methods of financing the commission.
(6) Any other matters that the executives desire to include that are pertinent to the purposes of the commission.
As added by P.L.168-1990, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.5. Multiple County Special Plan Commission for Reservoir Areas › 36-7-7.5-7. Jurisdiction; Priority Over Planning and Zoning Authority

Sec. 7. Notwithstanding any other law, a planning and zoning authority other than a commission established under this chapter may not exercise jurisdiction in any territory that is under the jurisdiction of the commission.
As added by P.L.168-1990, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-1. Application of Chapter

Sec. 1. This chapter applies to the area consisting of the following counties:
(1) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
(2) A county having a population of more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000).
(3) A county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000).
As added by P.L.165-2003, SEC.6. Amended by P.L.119-2012, SEC.199; P.L.104-2022, SEC.180.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-4. Commission Membership

Sec. 4. (a) The following members shall be appointed to the commission:
(1) A member of the county executive of each county described in section 1 of this chapter, to be appointed by the county executive.
(2) A member of the county fiscal body of each county described in section 1 of this chapter, to be appointed by the county fiscal body.
(3) The county surveyor of each county described in section 1 of this chapter.
(4) For a county having a population of not more than four hundred thousand (400,000), one (1) person appointed by the executive of each of the eleven (11) largest municipalities.
(5) For a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), one (1) person appointed by the executive of each of the nineteen (19) largest municipalities.
(6) Beginning July 1, 2007, one (1) person appointed by the trustee of each township that:
(A) is located in a county described in section 1 of this chapter;
(B) has a population of at least eight thousand (8,000); and
(C) does not contain a municipality.
(b) One (1) voting member of the commission shall be appointed by the governor. The member appointed under this subsection may not vote in a weighted vote under section 9 of this chapter.
(c) A member of the commission who is a county surveyor may not vote in a weighted vote under section 9 of this chapter.
As added by P.L.165-2003, SEC.6. Amended by P.L.169-2006, SEC.57; P.L.11-2023, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-5. Members; Expense Reimbursement; Vacancies

Sec. 5. (a) All commission members must be elected officials.
(b) All persons appointed to the commission must be:
(1) knowledgeable in matters of physical, social, or economic development of the region; and
(2) residents of the municipality, county, or region that they represent.
(c) A member of the commission may also serve as a member of a plan commission in the region.
(d) Members of the commission shall serve without salary but may be reimbursed for expenses incurred in the performance of their duties.
(e) The respective appointing authorities shall certify their appointments, and the certification shall be retained as a part of the records of the commission.
(f) Each member serves at the pleasure of the appointing authority. The appointing authority shall give written notice to the commission of a change of an appointee and the effective date of that change.
(g) If a vacancy occurs by resignation or otherwise, the appointing authority shall promptly appoint a replacement member.
(h) If a member of the commission is absent for more than three (3) consecutive meetings of the full commission, the commission shall notify that member's appointing authority and request the appointing authority to do one (1) of the following:
(1) Replace the member.
(2) Take action to assure the member's conscientious attendance at meetings of the full commission.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-6. Offices

Sec. 6. (a) At its first regular meeting in each year, the commission shall elect from its members a chairperson, vice chairperson, secretary, and treasurer.
(b) Not more than two (2) of the officers elected under subsection (a) may be from the same county.
(c) The vice chairperson may act as chairperson during the absence or disability of the chairperson.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-7. Meetings; Notice

Sec. 7. (a) The commission shall fix the time and place for holding regular meetings, but it shall meet:
(1) at least quarterly; and
(2) at other times established by the commission or the executive board of the commission.
(b) The chairperson of the commission or five (5) members of the commission may call a special meeting of the commission upon written request to the secretary of the commission. The secretary shall send to all commission members at least forty-eight (48) hours in advance of a special meeting a written notice fixing the time and place of the special meeting. Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regular meeting; or
(2) all members are present at the special meeting.
(c) A commission member may waive notice of any meeting by filing a written waiver with the secretary of the commission.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-8. Rules; Records

Sec. 8. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. The commission's record is a public record.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-10. Executive Board

Sec. 10. (a) The commission shall elect from among its members, by the affirmative votes of a majority of the members serving on the commission, an executive board that consists of the following:
(1) The four (4) officers of the commission.
(2) Two (2) members of the commission from each county described in section 1 of this chapter.
(3) The member of the commission appointed by the governor.
(b) If a vacancy occurs in a position on the executive board referred to in subsection (a)(2), a successor shall be elected from among the members in the same manner as the member whose position has been vacated.
(c) The executive board shall conduct the business of the commission, except for:
(1) the adoption and amendment of bylaws, rules, and procedures for the operation of the commission;
(2) the election of officers and members of the executive board as provided in this chapter; and
(3) the adoption of the annual appropriation budget after review by the executive board.
(d) The executive board shall meet regularly at least one (1) time each month, unless otherwise determined by its members. The executive board shall notify the full membership of the commission of all its meetings with copies of its preliminary or final agendas and shall report all its actions and determinations to the full membership of the commission.
(e) A majority of members of the executive board constitutes a quorum. An action of the executive board is official only if it is authorized by an affirmative vote of a majority of the total number of members serving on the board at a regular or properly called special meeting. Any action of the executive board shall be reviewed at the next regular meeting of the commission following the executive board's action. Upon either:
(1) a decision by the majority of the board; or
(2) written request of a member of the commission;
an issue shall be brought to a vote of the full commission.
(f) If the immediate past chairperson is not serving as a member of the executive board under subsection (a), that individual shall be a nonvoting member of the executive board.
As added by P.L.165-2003, SEC.6. Amended by P.L.39-2007, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-11. Executive Director; Powers and Duties

Sec. 11. (a) After review and recommendation by the executive board, the commission shall appoint an executive director, who serves at the pleasure of the commission. The executive director must be qualified by training and experience in the management of public agencies and must be knowledgeable in planning.
(b) The executive director is the chief administrative officer and regular technical adviser of the commission. Subject to supervision by the commission and in furtherance of the purposes of the commission, the executive director:
(1) shall execute the commission functions;
(2) shall appoint and remove the staff of the commission;
(3) shall submit to the commission annually, or more often if required, a status report on the operation of the commission;
(4) may, with the approval of the executive board, execute contracts, leases, or agreements with other persons on behalf of the commission;
(5) shall be given access by all governmental agencies, upon the executive director's written request, to all studies, reports, surveys, records, and other information and material in their possession that are required by the executive director for the accomplishment of the activities and objectives of the commission;
(6) shall propose annually a budget for the operation of the commission and administer the budget as approved by the commission;
(7) shall keep the records and care for and preserve all papers and documents of the commission; and
(8) shall perform other duties and may exercise other powers that the commission or the executive board delegates to the executive director.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-12. Purpose of Commission

Sec. 12. The purpose of the commission is to institute and maintain a comprehensive planning and programming process for:
(1) transportation;
(2) economic development; and
(3) environmental;
policy and provide a coordinative management process for the counties described in section 1 of this chapter. The commission shall coordinate its activities with all member units in the counties and shall coordinate and assist the planning programs of member units and the state that are related to its purpose.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-14. Adoption of Regional Plan, Program, or Policy; County Exemption

Sec. 14. The commission may adopt by resolution any regional comprehensive or functional plan, program, or policy as the commission's official recommendation for the development of the region, subject to the power of a county to exempt itself under section 15 of this chapter. The commission shall provide an annual report of its activities to the legislative bodies of the counties and municipalities in the region.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-15. Petition Not to Implement Program

Sec. 15. If the commission receives a petition that:
(1) is signed by a majority of the commission members representing a county affected by a particular program; and
(2) objects to the establishment of the program within that county;
the commission may not implement the program in that county.
As added by P.L.165-2003, SEC.6.