Ind. Code ch. 36-7-2

Ind. Code ch. 36-7-2
in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 36-7-2-9 Compliance with code of building laws and orders

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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.

Ind. Code § 36-7-2-9 Compliance with code of building laws and orders

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. 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 department of homeland security 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; P.L.152-2026, SEC.495.

Ind. Code § 36-7-2-9.1 Plan reviews and inspections

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 9.1. (a) This section does not apply to: (1) a manufactured housing community; or (2) a mobile home community; that is licensed, permitted, and inspected by the Indiana department of health or a local board of health. (b) This section applies only to a city, town, or county that requires a building permit, plan review, or inspection for the construction of a Class 2 structure. (c) As used in this section, "Class 2 structure" has the meaning set forth in IC 22-12-1-5. (d) A city, town, or county shall allow the plan review or inspection to be conducted by the following: (1) An individual who is employed by the city, town, or county as a building inspector. (2) An individual who is employed by another city, town, or county as a building inspector. (3) A private provider who is: (A) an architect registered under IC 25-4-1; (B) a professional engineer registered under IC 25-31-1; or (C) a certified building official (as defined in IC 36-7-2.5-4). (e) An applicant for a building permit may choose to have a private provider under subsection (d)(3) conduct the plan review or inspection as provided in IC 36-7-2.5. As added by P.L.157-2024, SEC.8. Amended by P.L.146-2025, SEC.3; P.L.23-2026, SEC.288.

Ind. Code § 36-7-2-9.1 Plan reviews and inspections

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 9.1. (a) This section does not apply to: (1) a manufactured housing community; or (2) a mobile home community; that is licensed, permitted, and inspected by the Indiana department of health or a local board of health. (b) This section applies only to a city, town, or county that requires a building permit, plan review, or inspection for the construction of a Class 2 structure. (c) As used in this section, "Class 2 structure" has the meaning set forth in IC 22-12-1-5. (d) A city, town, or county shall allow the plan review or inspection to be conducted by the following: (1) An individual who is employed by the city, town, or county as a building inspector. (2) An individual who is employed by another city, town, or county as a building inspector. (3) A private provider who is: (A) an architect registered under IC 25-4-1; (B) a professional engineer registered under IC 25-31-1; or (C) a certified building official (as defined in IC 36-7-2.5-4). (e) An applicant for a building permit may choose to have a private provider under subsection (d)(3) conduct the plan review or inspection as provided in IC 36-7-2.5. As added by P.L.157-2024, SEC.8. Amended by P.L.146-2025, SEC.3; P.L.23-2026, SEC.288; P.L.152-2026, SEC.496.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 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; P.L.9-2024, SEC.546.

Ind. Code § 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.

Ind. Code § 36-7-2-14 Adoption or enforcement of an ordinance or resolution; slope

Sec. 14. (a) This section does not apply to development on a site that is located within an area that: (1) the department of natural resources has determined to be the watershed area of a reservoir; and (2) is a source of drinking water for a municipality. (b) As used in this section, "development" means an improvement of any kind on land, including: (1) residential dwellings; (2) commercial buildings; (3) accessory structures; (4) driveways; and (5) utilities. (c) A unit may not adopt or enforce an ordinance or resolution that prohibits or has the effect of prohibiting development exclusively on the basis of slope, if the predevelopment slope of the site is less than twenty-five percent (25%). As added by P.L.52-2024, SEC.1.
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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