Ind. Code ch. 36-1-3

Ind. Code ch. 36-1-3
in effect

Ind. Code § 36-1-3-1 Application of chapter

Sec. 1. This chapter applies to all units. [Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.] As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.1.

Ind. Code § 36-1-3-1.6 "Machine"

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

Ind. Code § 36-1-3-1.8 "Outdoor equipment"

Sec. 1.8. As used in this chapter, "outdoor equipment" means a mechanical device that: (1) is powered by a motor; (2) is designed to be used outdoors for the purpose of facilitating or assisting in the performance of tasks associated with: (A) home or lawn maintenance; or (B) construction; and (3) if self-propelled, is not permitted under IC 9 to be driven or operated on an interstate highway. The term includes lawn mowers, powered lawn trimmers, and leaf blowers. As added by P.L.26-2026, SEC.5.

Ind. Code § 36-1-3-2 Policy

Sec. 2. The policy of the state is to grant units all the powers that they need for the effective operation of government as to local affairs. [Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.] As added by Acts 1980, P.L.211, SEC.1.

Ind. Code § 36-1-3-3 Rule of law; resolution of doubt as to existence of power of a unit

Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated. (b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed. [Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.] As added by Acts 1980, P.L.211, SEC.1.

Ind. Code § 36-1-3-4 Rule of law; powers of unit

Sec. 4. (a) The rule of law that a unit has only: (1) powers expressly granted by statute; (2) powers necessarily or fairly implied in or incident to powers expressly granted; and (3) powers indispensable to the declared purposes of the unit; is abrogated. (b) A unit has: (1) all powers granted it by statute; and (2) all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute. (c) The powers that units have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that units have under subsection (b)(2); therefore, the omission of a power from such a list does not imply that units lack that power. [Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-6 part; 18-1-1.5-16 part; 18-1-1.5-23 part; 18-1-1.5-29; 18-4-2-33 part; 18-4-2-36 part.] As added by Acts 1980, P.L.211, SEC.1.

Ind. Code § 36-1-3-5 Powers of unit; exercise; township exception

Sec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power: (1) is not expressly denied by the Indiana Constitution or by statute; and (2) is not expressly granted to another entity. (b) A township may not exercise power the township has if another unit in which all or part of the township is located exercises that same power. [Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-3 part; 18-1-1.5-1 part; 18-1-1.5-16 part; 18-1-1.5-19 part; 18-4-2-33 part; 18-5-10-2.] As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.2.

Ind. Code § 36-1-3-6 Specific manner for exercising a power; constitutional or statutory provision; ordinance; resolution

Sec. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner. (b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either: (1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power; (2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or (3) comply with a statutory provision permitting a specific manner for exercising the power. (c) An ordinance under subsection (b)(1) must be adopted as follows: (1) In a municipality, by the legislative body of the municipality. (2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the legislative body of the county. (3) In any other county, by the executive of the county. (d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township. [Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-2-2.5-7 part; 18-1-1.5-17; 18-4-2-32.6 part; 18-4-4-2(2); 18-4-5-5.] As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.2; P.L.251-1993, SEC.3; P.L.77-2014, SEC.12; P.L.278-2019, SEC.181; P.L.22-2021, SEC.3.

Ind. Code § 36-1-3-7 Review or regulation of exercise of power by a unit

Sec. 7. State and local agencies may review or regulate the exercise of powers by a unit only to the extent prescribed by statute. [Pre-Local Government Recodification Citations: 17-2-2.5-5; 18-1-1.5-22; 18-4-2-35(a).] As added by Acts 1980, P.L.211, SEC.1.

Ind. Code § 36-1-3-8 Powers specifically withheld

Sec. 8. (a) Subject to subsection (b), a unit does not have the following: (1) The power to condition or limit its civil liability, except as expressly granted by statute. (2) The power to prescribe the law governing civil actions between private persons. (3) The power to impose duties on another political subdivision, except as expressly granted by statute. (4) The power to impose a tax, except as expressly granted by statute. (5) The power to impose a license fee greater than that reasonably related to the administrative cost of exercising a regulatory power. (6) The power to impose a service charge or user fee greater than that reasonably related to reasonable and just rates and charges for services. (7) The power to regulate conduct that is regulated by a state agency, except as expressly granted by statute. (8) The power to prescribe a penalty for conduct constituting a crime or infraction under statute. (9) The power to prescribe a penalty of imprisonment for an ordinance violation. (10) The power to prescribe a penalty of a fine as follows: (A) More than ten thousand dollars ($10,000) for the violation of an ordinance or a regulation concerning air emissions adopted by a county that has received approval to establish an air permit program under IC 13-17-12-6. (B) For a violation of any other ordinance: (i) more than two thousand five hundred dollars ($2,500) for a first violation of the ordinance; and (ii) except as provided in subsection (c), more than seven thousand five hundred dollars ($7,500) for a second or subsequent violation of the ordinance. (11) The power to invest money, except as expressly granted by statute. (12) The power to adopt an ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2, or otherwise conduct an election, except as expressly granted by statute. An ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2 that was adopted before January 1, 2023, is void unless a statute expressly granted the unit the power to adopt the ordinance, resolution, or order. (13) The power to adopt or enforce an ordinance described in section 8.5 of this chapter. (14) The power to take any action prohibited by section 8.6 of this chapter. (15) The power to dissolve a political subdivision, except: (A) as expressly granted by statute; or (B) if IC 36-1-8-17.7 applies to the political subdivision, in accordance with the procedure set forth in IC 36-1-8-17.7. (16) After June 30, 2019, the power to enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is transported for recycling to collect fees authorized by IC 13-21 and remit the fees to: (A) a unit; or (B) the board of a solid waste management district established under IC 13-21. (b) A township does not have the following, except as expressly granted by statute: (1) The power to require a license or impose a license fee. (2) The power to impose a service charge or user fee. (3) The power to prescribe a penalty. (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an ordinance that regulates traffic or parking. [Pre-Local Government Recodification Citations: 17-2-2.5-3 part; 17-2-2.5-4 part; 18-1-1.5-1 part; 18-1-1.5-4; 18-1-1.5-13 part; 18-1-1.5-19 part; 18-1-1.5-20 part; 18-3-1-47 part; 18-3-1-49 part; 18-4-2-2 part; 18-4-2-3; 18-4-2-35(b); 18-4-2-35(c); 19-10-3-1.] As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.3; P.L.123-1987, SEC.2; P.L.3-1987, SEC.540; P.L.3-1990, SEC.122; P.L.251-1993, SEC.4; P.L.164-1995, SEC.14; P.L.1-1996, SEC.84; P.L.200-2005, SEC.4; P.L.13-2013, SEC.148; P.L.150-2016, SEC.1; P.L.189-2016, SEC.5; P.L.19-2019, SEC.3; P.L.4-2023, SEC.1.

Ind. Code § 36-1-3-8.5 Ordinance requiring housing program participation prohibited

Sec. 8.5. A unit may not adopt or enforce an ordinance that requires or would have the effect of requiring a landlord to participate in: (1) a Section 8 program of the federal Housing Act of 1937 (42 U.S.C. 1437f); or (2) a similar program concerning housing. As added by P.L.101-2015, SEC.3.

Ind. Code § 36-1-3-8.6 Regulation of reusable or disposable auxiliary containers prohibited; exceptions

Sec. 8.6. (a) As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is: (1) reusable or disposable; (2) made of: (A) cloth; (B) paper; (C) plastic; (D) extruded polystyrene; or (E) a similar material; and (3) designed for: (A) one time use; or (B) transporting merchandise or food from food or retail facilities. (b) Except as provided in subsections (c) and (d), a unit may not: (1) regulate, or adopt or enforce an ordinance or resolution to regulate: (A) the: (i) manufacture; (ii) distribution; (iii) sale; (iv) provision; (v) use; or (vi) disposition or disposal; of auxiliary containers; or (B) a: (i) manufacturer of auxiliary containers; (ii) distributor of auxiliary containers; or (iii) food or retail facility that sells, provides, or otherwise makes use of auxiliary containers; in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers; or (2) impose, or adopt or enforce an ordinance or resolution to impose, any: (A) prohibition; (B) restriction; (C) fee; or (D) tax; with respect to auxiliary containers or to any person described in subdivision (1)(B) in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers. (c) This section does not prohibit, limit, or restrict: (1) a curbside recycling program available in, or offered by, a unit; or (2) the designation or operation of a residential or commercial recycling location within a unit. (d) This section does not apply to the distribution, sale, provision, use, or disposition or disposal of auxiliary containers at any event that: (1) is organized, sponsored, or permitted by a unit; and (2) takes place on property owned by the unit. As added by P.L.150-2016, SEC.2.

Ind. Code § 36-1-3-8.7 Prohibition on utility usage data ordinances

Sec. 8.7. (a) As used in this section, "unit" means a county or a municipality. (b) As used in this section, "utility" means a utility, however organized, that provides utility service to customers in Indiana. The term includes a utility that is owned, operated, or held in trust by a consolidated city. (c) As used in this section, "utility service" means: (1) electric; (2) natural gas; (3) water; or (4) wastewater; service that is provided at retail. (d) As used in this section, "utility usage data ordinance": (1) means an ordinance that is adopted by a unit and that requires: (A) the owner or tenant of a building; or (B) a utility providing utility service to a building; to report to the unit, or to any other party, whether directly or indirectly, data on the utility service used or consumed at a building during a specified reporting period; and (2) does not include an ordinance that authorizes or facilitates the voluntary reporting of data described in subdivision (1) by: (A) the owner or tenant of a building; or (B) a utility providing utility service to a building. (e) After March 15, 2026, a unit may not adopt or enforce a utility usage data ordinance. As added by P.L.26-2026, SEC.6.

Ind. Code § 36-1-3-9 Territorial jurisdiction; exception; petition

Sec. 9. (a) The area inside the boundaries of a county comprises its territorial jurisdiction. However, a municipality has exclusive jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys, sidewalks, watercourses, sewers, drains, and public grounds inside its corporate boundaries, unless a statute provides otherwise. (b) The area inside the corporate boundaries of a municipality comprises its territorial jurisdiction, except to the extent that a statute expressly authorizes the municipality to exercise a power in areas outside its corporate boundaries. (c) Whenever a statute authorizes a municipality to exercise a power in areas outside its corporate boundaries, the power may be exercised: (1) inside the corporate boundaries of another municipality, only if both municipalities, by ordinance, enter into an agreement under IC 36-1-7; or (2) in a county other than the county in which the municipal hall is located, but not inside the corporate boundaries of another municipality, only if both the municipality and the other county, by ordinance, enter into an agreement under IC 36-1-7. (d) If the two (2) units involved under subsection (c) cannot reach an agreement, either unit may petition the circuit or superior court of the county to hear and determine the matters at issue. The clerk of the court shall issue notice to the other unit as in other civil actions, and the court shall hold the hearing without a jury. There may be a change of venue from the judge but not from the county. The petitioning unit shall pay the costs of the action. [Pre-Local Government Recodification Citations: subsection (a) formerly 17-2-2.5-4 part; 18-5-10-4 part; subsection (b) formerly 18-1-1.5-1 part; subsections (c) and (d) formerly 18-1-1.5-21.] As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.169-2015, SEC.169; P.L.149-2016, SEC.91.

Ind. Code § 36-1-3-11 "Election"; "sign"; certain sign ordinances unenforceable, time period; public safety exception

Sec. 11. (a) As used in this section, "election" refers to an election described in IC 3-5-1-2. (b) As used in this section, "sign" refers to a sign, the surface area of which is not greater than thirty-two (32) square feet. For purposes of determining the surface area of a sign under this section, if a sign consists of two (2) faces, only the surface area of one (1) of the faces is considered if both of the following apply: (1) The faces are mounted back to back. (2) The measure of the angle between the faces is not more than fifteen (15) degrees. (c) Subject to subsection (d), an ordinance or a regulation of a political subdivision relating to the number or size of signs is unenforceable during the following period: (1) Beginning sixty (60) days before an election. (2) Ending at the beginning of the sixth day after the election. (d) This section does not prohibit a political subdivision from enforcing an ordinance or regulation relating to the number or size of signs at any time if necessary to ensure public safety. As added by P.L.211-2017, SEC.1.

Ind. Code § 36-1-3-11.2 Fee waiver for occupational or professional license

Sec. 11.2. (a) This section applies to a license for which a unit imposed a fee before July 1, 2017. (b) As used in this section, "license" means any license, permit, registration, endorsement, or certificate required by a unit for: (1) an individual to practice or a business to engage one (1) or more individuals to practice an occupation or profession in an area over which the unit has jurisdiction; or (2) an individual or business to use in an area over which the unit has jurisdiction, a name, or other designation that is associated with an occupation or a profession. (c) After June 30, 2017, a unit shall waive fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if: (1) the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of: (A) the applicant and the applicant's spouse; and (B) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency; for the calendar year preceding the year in which an application to issue, renew, or reinstate is made did not exceed one hundred twenty percent (120%) of the federal poverty level; (2) the applicant, at the time of submitting an application for the initial issuance or reinstatement of a license, is enrolled in a state or federal public assistance program; (3) the applicant is a veteran (as defined in IC 10-17-15-3) or the spouse of a veteran; or (4) the applicant is a member of the armed forces of the United States (as defined in IC 5-9-4-3) or national guard (as defined in IC 5-9-4-4) on active duty or the spouse of the member. (d) After June 30, 2017, a unit shall waive fifty percent (50%) of the fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of: (1) the applicant and the applicant's spouse; and (2) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency; for the calendar year preceding the year in which an application to issue, renew, or reinstate is made equaled or exceeded one hundred twenty percent (120%) of the federal poverty level and did not exceed one hundred eighty-five percent (185%) of the federal poverty level. As added by P.L.223-2017, SEC.1.

Ind. Code § 36-1-3-11.4 Commercial motor vehicle

Sec. 11.4 (a) As used in this section, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31. (b) A unit may not adopt or enforce an ordinance that requires an operator of a commercial motor vehicle to obtain a permit from the unit to operate the commercial motor vehicle within the jurisdiction of the unit unless expressly authorized by statute. As added by P.L.196-2017, SEC.9.

Ind. Code § 36-1-3-12 Prohibited from licensing, registering, or certifying a profession or occupation; exceptions

Sec. 12. (a) This section does not prohibit any of the following: (1) A requirement for a license, registration, certification, or permit required under an ordinance or rule adopted under IC 36-7. (2) A requirement for a permit or registration for a particular project for: (A) the alteration, construction, demolition, or repair of a building; or (B) other work on real property; required under an ordinance or rule adopted under another provision of this title. (3) The ability to revoke, suspend, or impose additional conditions on a permit or registration previously given if the person: (A) holding the permit; or (B) registered; has performed substandard work or has otherwise violated any condition of the permit or registration. (4) A requirement for a license for an individual to practice an occupation or profession when the unit determines the establishment and enforcement of health and safety standards for the occupation or profession are appropriate and necessary to protect the public. (b) Except as provided in subsection (a), a unit does not have the power to license, register, or certify a person to practice the person's profession or occupation within the unit if the occupation or profession is subject to licensure, registration, or certification under the Indiana Code. As added by P.L.172-2018, SEC.3 and P.L.182-2018, SEC.5.

Ind. Code § 36-1-3-13 Local unit regulation of building components, design, and materials; local unit regulation of vehicles and other machines; local unit regulation of home equipment and appliances

Sec. 13. (a) Unless required under IC 36-7-2-9, a unit does not have the power to do the following: (1) Require that a particular component, design, or type of material be used in the construction of a building or other structure because of the energy saving or energy producing qualities of the component, design, or material. (2) Prohibit the use of a particular component, design, or type of material in the construction of a building or other structure because the component, design, or material does not meet a standard for energy saving. (3) Require that a building or other structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material. (4) Adopt an ordinance, order, regulation, resolution, policy, or similar measure that: (A) prohibits or restricts the purchase or use of vehicles or machines other than vehicles; (B) distinguishes: (i) between types of vehicles; or (ii) between types of machines other than vehicles; or (C) results in: (i) differing regulatory standards for different types of vehicles; or (ii) differing regulatory standards for different types of machines other than vehicles; based upon the type of energy that powers the vehicle or machine. (5) Prohibit the sale, installation, or use of any of the following: (A) Natural gas powered home heating equipment. (B) Natural gas powered home appliances. (C) Grills, stoves, and other food preparation appliances designed to be used outdoors. (D) Natural gas powered: (i) heating appliances; and (ii) torches, lamps, and other decorative features; designed to be used outdoors. (6) Enact an ordinance, adopt a resolution, or enforce an ordinance or resolution that purports to exercise a power denied by subdivisions (1) through (5). (b) This section does not apply to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by the unit. A unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project. As added by P.L.180-2021, SEC.4. Amended by P.L.26-2026, SEC.7.

Ind. Code § 36-1-3-14 Regulation of construction stormwater; exception

Sec. 14. (a) As used in this section, "land disturbing activity" means any manmade change of the land surface, including: (1) removing vegetative cover that exposes the underlying soil; (2) excavating; (3) filling; and (4) grading. (b) Except as provided in subsection (d), a unit does not have the power to adopt: (1) a law; (2) a rule; (3) an ordinance; or (4) a regulation; that is more stringent than or exceeds in any manner the requirements of the department of environmental management's construction stormwater general permit, including financial assurances and any post-construction drainage reports. (c) If a law, rule, ordinance, or regulation violates subsection (b): (1) the law, rule, ordinance, or regulation is void; and (2) the unit in violation of subsection (b) shall continue to discharge its duties under the department of environmental management's construction stormwater general permit program, if any. (d) If a land disturbing activity would result in the disturbance of less than one (1) acre of total land area and is not part of a larger common plan of development or sale, a unit or the department of environmental management may take the following actions: (1) If a person conducting a land disturbing activity fails to control sediment or dust from leaving the site, issue a written warning to the person with respect to the sediment or dust. (2) If a written warning has been issued as described in subdivision (1) and corrective action has not been initiated within forty-eight (48) hours of receiving the written warning, issue a stop work order for the site. As added by P.L.150-2025, SEC.1.

Ind. Code § 36-1-3-15 Prohibited acts of a unit with respect to digital assets

Sec. 15. (a) The definitions in IC 5-36-1 apply throughout this section. (b) A unit may not adopt or enforce a rule or other regulation that would have the effect of prohibiting, restricting, or impairing the ability of a person to: (1) use or accept digital assets as a method of payment for legal goods and services; or (2) take custody of digital assets using a self-hosted wallet or hardware wallet. (c) A unit may not impose taxes or fees on: (1) use or acceptance of digital assets as a method of payment for legal goods and services; or (2) taking or maintaining custody of digital assets using a self-hosted wallet or hardware wallet; that are not applicable to comparable financial transactions that do not involve digital assets. As added by P.L.49-2026, SEC.15.

Ind. Code § 36-1-3-15.6 Exemptions to a county residency requirement

Sec. 15.6. (a) The following may not be subject to a county residency requirement: (1) A public defender. (2) An individual employed by a public defender office or agency. (3) Court personnel. (4) A deputy prosecuting attorney. (5) An employee of a prosecuting attorney's office. (6) An emergency medical services provider (as defined in IC 16-41-10-1). (7) An employee of an agency or department that employs an emergency medical services provider. (b) This section does not apply to a chief public defender. As added by P.L.158-2026, SEC.48.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026

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