Ind. Code ch. 36-9-2

in effect

Ind. Code § 36-9-2-1 Application of chapter

Sec. 1. This chapter applies to all units except townships. [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.4. Amended by P.L.182-2009(ss), SEC.444; P.L.119-2012, SEC.223; P.L.121-2016, SEC.34.

Ind. Code § 36-9-2-2 Transportation systems; establishment, aid, and operation

Sec. 2. (a) A unit may establish, aid, maintain, and operate transportation systems. (b) This subsection applies to an eligible county (as defined by IC 8-25-1-4) that establishes a public transportation system through a public transportation project authorized and funded under IC 8-25. The unit must establish fares and charges that cover at least twenty-five percent (25%) of the operating expenses of the public transportation system. For purposes of this subsection, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under IC 8-25. The unit annually shall report on the unit's compliance with this subsection not later than sixty (60) days after the close of the unit's fiscal year. The report must include information on any fare increases necessary to achieve compliance. The unit shall submit the report to the department of local government finance and make the report available electronically through the Indiana transparency Internet web site established under IC 5-14-3.8. (c) If a unit fails to prepare and disclose the annual report in the manner required by subsection (b), any person subject to a tax described in IC 8-25 may initiate a cause of action in the circuit court, superior court, or probate court of the eligible county to compel the appropriate officials of the unit to prepare and disclose the annual report not later than thirty (30) days after a court order mandating the unit to comply with subsection (b) is issued by the court. [Pre-Local Government Recodification Citations: 18-1-1.5-14(i); 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.153-2014, SEC.19; P.L.84-2016, SEC.184.

Ind. Code § 36-9-2-3 Transportation facilities; establishment, aid, and operation

Sec. 3. A unit may establish, aid, maintain, and operate airports, bus terminals, railroad terminals, wharves, and other transportation facilities. [Pre-Local Government Recodification Citations: 18-1-1.5-9(g); 18-1-1.5-14(l); 18-1-1.5-14(m); 18-3-1-46 part; 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-4 Vehicles for public hire; regulation of services; exemptions

Sec. 4. (a) Except as provided in subsection (b), a unit may regulate the services offered by persons who hold out for public hire the use of vehicles. This includes the power to fix the price to be charged for that service. (b) A unit may not regulate the following: (1) A transportation network company (as defined in IC 8-2.1-17-18). (2) A TNC driver (as defined in IC 8-2.1-17-19). [Pre-Local Government Recodification Citations: 18-1-1.5-13(c); 18-4-2-15; 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.175-2015, SEC.12.

Ind. Code § 36-9-2-5 Public ways; establishment

Sec. 5. A unit may establish, vacate, maintain, and operate public ways. [Pre-Local Government Recodification Citations: 18-1-1.5-8 (Intro.); 18-1-1.5-8(a); 18-1-1.5-8(c); 18-3-1-42 part; 18-3-1-43 part; 18-3-1-46 part; 18-4-2-23 part; 18-5-10-3 part; 18-5-10-4 part; 18-5-10-5.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-6 Public ways; rights-of-way through, under, or over

Sec. 6. A unit may grant rights-of-way through, under, or over public ways. [Pre-Local Government Recodification Citations: 18-1-1.5-8(b); 18-4-2-23 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-7 Public ways; regulation of use; school corporation grounds

Sec. 7. A unit may regulate the use of public ways. A unit also may regulate the use of school corporation grounds if requested by the fiscal body of the school corporation. [Pre-Local Government Recodification Citations: 9-4-1-92 part; 18-1-1.5-8(d); 18-1-1.5-8(e); 18-3-1-42 part; 18-3-1-52 part; 18-4-2-24; 18-5-10-6.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-8 Watercourses; establishment and control

Sec. 8. A unit may establish, vacate, maintain, and control watercourses. [Pre-Local Government Recodification Citations: 18-1-1.5-9 (Intro.); 18-1-1.5-9(h); 18-3-1-46 part; 18-4-2-22 part; 18-5-10-3 part; 18-5-10-4 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-9 Watercourses; channel alterations

Sec. 9. A unit may change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. [Pre-Local Government Recodification Citations: 18-1-1.5-9(f); 18-3-1-46 part; 18-4-2-22 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-10 Watercourses; taking or permitting escape of water

Sec. 10. A unit may regulate the taking of water, or causing or permitting water to escape, from a watercourse. [Pre-Local Government Recodification Citation: 18-1-1.5-9(c).] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-11 Watercourses; altering temperature or affecting flow of water

Sec. 11. A unit may regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. [Pre-Local Government Recodification Citations: 18-1-1.5-9(b); 18-4-2-22 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-12 Watercourses; introduction of any substance

Sec. 12. A unit may regulate the introduction of any substance into a watercourse or onto its banks. [Pre-Local Government Recodification Citations: 18-1-1.5-9(a); 18-1-1.5-11(b).] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-13 Watercourses; purification

Sec. 13. A unit may purify the water in a watercourse. [Pre-Local Government Recodification Citations: 18-1-1.5-9(e); 18-4-2-22 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-14 Waterworks

Sec. 14. A unit may regulate the furnishing of water to the public. A unit also may establish, maintain, and operate waterworks. [Pre-Local Government Recodification Citations: 18-1-1.5-7(i); 18-1-1.5-14(j); 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-15 Utility service to public

Sec. 15. A unit may furnish, or regulate the furnishing of, utility service to the public. [Pre-Local Government Recodification Citations: 18-1-1.5-13(b); 18-3-1-42 part; 18-4-2-16 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-16 Disposal of waste substances and domestic or sanitary sewage; regulation of services and charges

Sec. 16. A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage. This includes the power to fix the price to be charged for that service. [Pre-Local Government Recodification Citations: 18-1-1.5-7(d); 18-1-1.5-13(d); 18-4-2-17 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-17 Disposal of waste substances and domestic or sanitary sewage; systems

Sec. 17. A unit may collect, process, and dispose of waste substances and domestic or sanitary sewage, and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect and dispose of waste substances. [Pre-Local Government Recodification Citations: 18-1-1.5-7(j); 18-1-1.5-7(k); 18-1-1.5-14(b); 18-1-1.5-14(k); 18-3-1-50 part; 18-4-2-16 part; 18-4-2-17 part; 18-5-10-4 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-18 Extraterritorial powers; four mile limit

Sec. 18. A municipality may exercise powers granted by sections 2, 3, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries. [Pre-Local Government Recodification Citations: 18-1-1.5-7 part; 18-1-1.5-14 part; 18-3-1-50 part.] As added by Acts 1980, P.L.211, SEC.4.

Ind. Code § 36-9-2-19 Repealed

[Pre-Local Government Recodification Citation: 18-1-1.5-9 part.] As added by Acts 1980, P.L.211, SEC.4. Repealed by P.L.277-2019, SEC.13.

Ind. Code § 36-9-2-20 Repeal of extraterritorial authority; ordinances and resolutions adopted before July 1, 2019

Sec. 20. (a) Except as provided in subsection (c), the repeal of section 19 of this chapter operates to void an ordinance or resolution adopted by a municipality before July 1, 2019, that exercises a power: (1) under the sole authority of: (A) section 9 of this chapter; (B) section 10 of this chapter; (C) section 11 of this chapter; (D) section 12 of this chapter; (E) section 13 of this chapter; or (F) any combination of the statutes listed in clauses (A) through (E); and (2) within the ten (10) mile area outside the municipality's boundaries under the authority of section 19 of this chapter (before its repeal). (b) The repeal of section 19 of this chapter does not prohibit a municipality's ability to take water from a watercourse within the ten (10) mile area outside the municipality's corporate boundaries. (c) The repeal of section 19 of this chapter does not: (1) prohibit or affect a municipality's authority to exercise a power under section 9, 10, 11, 12, or 13 of this chapter with regard to a watercourse within a municipal park: (A) located within the ten (10) mile area outside the municipality's boundaries; and (B) that is owned or operated by the municipality pursuant to a lease agreement in effect on June 30, 2019; or (2) void an ordinance or resolution adopted under the authority of section 9, 10, 11, 12, or 13 of this chapter with regard to a watercourse described in subdivision (1). As added by P.L.277-2019, SEC.14.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026