Ind. Code ch. 36-9-28.5

in effect

Ind. Code § 36-9-28.5-1 Application

Sec. 1. This chapter applies to counties and municipalities. As added by P.L.168-1999, SEC.2.

Ind. Code § 36-9-28.5-2 "Policy" defined

Sec. 2. As used in this chapter, "policy" refers to a policy adopted under this chapter for the management of stormwater runoff from developed real property. As added by P.L.168-1999, SEC.2.

Ind. Code § 36-9-28.5-3 Policy established

Sec. 3. By January 1, 2001, the legislative body of a unit shall establish a policy of the unit for the management of stormwater runoff from developed real property in the unit. The legislative body may establish the policy by resolution or ordinance. As added by P.L.168-1999, SEC.2.

Ind. Code § 36-9-28.5-4 Provisions for actual management of stormwater runoff

Sec. 4. The policy may, but is not required to, provide for the actual management of stormwater runoff from developed real property. As added by P.L.168-1999, SEC.2.

Ind. Code § 36-9-28.5-5 Geographic scope of policy

Sec. 5. (a) If the unit is a city, the geographic scope of the city's policy must include all territory located within the city. (b) If the unit is a town, the geographic scope of the town's policy must include all territory located within the town unless the legislative body of the town specifies by resolution that the territory of the town be included in the policy of the county where the town is located. (c) If the unit is a county, the geographic scope of the county's policy must include: (1) all territory of the county that is not located within a municipality; and (2) all territory of a town located in the county that has adopted a resolution under subsection (b). As added by P.L.168-1999, SEC.2.

Ind. Code § 36-9-28.5-6 Statutory compliance of policy

Sec. 6. A policy adopted by a legislative body of a unit under this chapter must comply with IC 36-7-4-702(f). As added by P.L.172-2025, SEC.5.

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