Ind. Code § 36-8-11-0.1 Application of certain amendments to chapter
Sec. 0.1. The addition of section 26 of this chapter by P.L.83-1998 applies only to purchases that occur after June 30, 1998.
As added by P.L.220-2011, SEC.675.
Ind. Code ch. 36-8-11
Ind. Code ch. 36-8-11
in effectInd. Code § 36-8-11-1 Repealed
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.63. Repealed by P.L.36-2000, SEC.11.
Ind. Code § 36-8-11-2 Definitions
Sec. 2. As used in this chapter:
"Board" refers to the board of fire trustees of a fire protection district.
"Fiscal officer" means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district.
"Freeholder" means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title.
"Interested person" includes a freeholder or corporation owning lands within the proposed or established fire protection district, a person whose property may be condemned or injured by the district, the proper officer of a municipality, an affected state agency, and all local plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancy by the entireties.
"Primary county" refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties.
"Secondary county" refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties.
[Pre-Local Government Recodification Citation: 19-1-45-1 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.2.
Ind. Code § 36-8-11-3 Repealed
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.63. Amended by Acts 1982, P.L.33, SEC.42. Repealed by P.L.213-1986, SEC.12.
Ind. Code § 36-8-11-4 Districts; establishment; authorized purposes
Sec. 4. (a) A county legislative body may establish fire protection districts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the district.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) If the county legislative body establishes a fire protection district for either or both of the purposes under subdivision (1) or (2), in addition to those the fire protection district purposes may include the provision of emergency medical services (regulated under IC 16-31-3), basic life support, or advanced life support. However, this subdivision may not apply, and the purposes under this subdivision may not be included with regard to the fire protection district, if another local unit or organization is providing the services under this subdivision with public funds to the area served by the fire protection district.
(4) If the county legislative body establishes a fire protection district for either or both of the purposes under subdivision (1) or (2), in addition to those the fire protection district purposes may include the prevention of hazards that may cause loss of life, injury or other health impacts, property damage, loss of livelihoods and services, social and economic disruption, or environmental damage.
(5) Other purposes or functions related to fire protection and fire prevention.
(b) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district may consist of:
(1) one (1) or more townships and parts of one (1) or more townships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of other political subdivisions.
(d) The territory of a district may consist of a municipality that is located in more than one (1) county.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-2; 19-1-45-10; subsection (b) formerly 19-1-45-4.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.3; P.L.156-2025, SEC.1.
Ind. Code § 36-8-11-5 Establishment of district by freeholders; procedure
Sec. 5. (a) Freeholders who desire the establishment of a fire protection district must initiate proceedings by filing a petition in the office of the county auditor of the county where the freeholder's land is located. The petition may also be filed by a municipality under an ordinance adopted by its legislative body in each county where the municipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the proposed district; or
(2) by a majority of those freeholders owning land within the proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a municipality located in two (2) counties. The petitions filed in each county as set forth in section 5.1 of this chapter shall be considered parts of one (1) petition. The signature requirement of subsection (b) applies to the sum of the signatures on all parts of the petition.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-6; subsection (b) formerly 19-1-45-7 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.3; P.L.36-2000, SEC.4.
Ind. Code § 36-8-11-5.1 Multiple county district; establishment of district
Sec. 5.1. (a) This section applies to a district that consists of a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) Freeholders within the proposed district who desire the establishment of a fire protection district must initiate proceedings by filing a petition to establish the district with the county auditor of the county where the freeholder's land is located. Sections 6 and 7 of this chapter apply to a petition filed under this section. The number of freeholders who signed a petition shall be certified by the county auditor of the county that is the subject of the petition. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county.
(d) The county auditor of the primary county shall present the petition to the legislative body of the primary county at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.
(e) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.
(f) If the legislative body of the primary county determines that the petition conforms to the requirements of this chapter, the primary county or the secondary county, or both, may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The district is established when both legislative bodies adopt an identical ordinance or resolution establishing the district.
As added by P.L.36-2000, SEC.5.
Ind. Code § 36-8-11-6 Petitions; signatures of joint owners and corporations; circulation in counterparts
Sec. 6. (a) This section applies to petitions filed under either section 5 or 9 of this chapter.
(b) If two (2) or more freeholders own the same land in joint title, they may be counted as only one (1) freeholder for the purpose of determining what constitutes twenty percent (20%) or a majority of the freeholders.
(c) A freeholder owning land in joint title may sign the petition and the signature shall be counted. However, if two (2) or more freeholders who own the same land in joint title sign the petition, their combined signatures count only as one (1) signature for the purposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign the petition for a private corporation owning land within the proposed district. The officer's signature is prima facie evidence of the officer's authorization.
(e) The petition may be circulated in several counterparts and still be considered a single petition.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-12 part; subsections (b), (c), (d) formerly 19-1-45-7 part; subsection (e) formerly 19-1-45-9.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.4; P.L.127-2017, SEC.267.
Ind. Code § 36-8-11-7 Contents of petition to establish district
Sec. 7. A petition filed under section 5 of this chapter must state the following:
(1) A name for the proposed district that distinguishes the district from all other political subdivisions within or contiguous to the area included within the district.
(2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the county legislative body and to apprise landowners of the possibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district is proposed to be established.
(4) A statement of the necessity and urgency of accomplishing the purposes.
(5) A statement that the creation of the district will be conducive to the public health, safety, or welfare, including a summary of the advantages to be derived from the creation of the district.
(6) A statement that the costs and damages of the district will probably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federal or state monies, and whether the conditions that are attached to the grant or grants are acceptable if the monies should be offered.
[Pre-Local Government Recodification Citation: 19-1-45-8.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-8 Petition to establish district; examination of signatures by legislative body; hearing; ordinance or resolution
Sec. 8. (a) After a petition is filed under section 5 of this chapter, the county auditor shall present it to the county legislative body at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.
(b) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms to the requirements of this chapter, it may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The legislative body may also prepare an ordinance or resolution to establish the district for its consideration, in accordance with applicable laws.
[Pre-Local Government Recodification Citation: 19-1-45-11.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-9 Petition against establishment of district
Sec. 9. (a) A petition against the establishment of the fire protection district may be presented to the county legislative body at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures of fifty-one percent (51%) of the freeholders within the proposed district or of the freeholders who own two-thirds (2/3) of the real property within the proposed district, determined by assessed valuation, the legislative body shall dismiss the petition for the establishment of the district.
[Pre-Local Government Recodification Citation: 19-1-45-12 part.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-9.5 Multiple county district; petition against establishment of district
Sec. 9.5. (a) This section applies to a district that contains a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) The freeholders owning land within the proposed district may file a petition opposing the establishment of the district with the county auditor of the county where the freeholder's land is located. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county and certify to the primary county the number of freeholders who signed the petition. A petition against the establishment of the fire protection district must be presented to the legislative body of the primary county at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district.
(d) If the legislative body of the primary county finds that the petition contains the signatures of fifty-one percent (51%) of the freeholders within the proposed district or of the freeholders who own two-thirds (2/3) of the real property within the proposed district, determined by assessed valuation, the legislative body shall dismiss the petition for the establishment of the district.
As added by P.L.36-2000, SEC.6.
Ind. Code § 36-8-11-10 Limitation on filing new petition after dismissal
Sec. 10. If the petition is dismissed because the county legislative body finds the evidence does not support it, a new petition to establish a district under this chapter in essentially the same area may not be addressed to the legislative body for a period of two (2) years after the date of the order dismissing the original petition.
[Pre-Local Government Recodification Citation: 19-1-45-13.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-11 Addition of area to district; procedure
Sec. 11. To add area to a fire protection district already established, the same procedure must be followed as is provided for the establishment of a district. The petition must be addressed to the legislative body of each county in which the district is located.
[Pre-Local Government Recodification Citation: 19-1-45-5.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.7.
Ind. Code § 36-8-11-12 Board of fire trustees; appointment; terms of office; vacancies
Sec. 12. (a) This section does not apply to the appointment of a governing board under section 12.5 of this chapter.
(b) Within thirty (30) days after the ordinance or resolution establishing the district becomes final, the county legislative body shall appoint a board of fire trustees. The trustees must be qualified by knowledge and experience in matters pertaining to fire protection and related activities in the district. A person who:
(1) is a party to a contract with the district;
(2) is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the district; or
(3) does not reside in the district;
may not be appointed or serve as a trustee. The legislative body shall appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from each municipality contained in the district. If the number of trustees selected by this method is an even number, the legislative body shall appoint one (1) additional trustee so that the number of trustees is always an odd number. If the requirements of this section do not provide at least three (3) trustees, the legislative body shall make additional appointments so that there is a minimum of three (3) trustees.
(c) The original trustees shall be appointed as follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) All others for a term of four (4) years.
The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four (4) years.
(d) If a vacancy occurs on the board, the county legislative body shall appoint a trustee with the qualifications specified in subsection (b) for the unexpired term.
(e) On December 31, 2026, the term of any person serving as a trustee who does not reside in the district for which the person serves as a trustee is terminated. The county legislative body shall make new appointments as soon as possible after December 31, 2026, to serve for the remainder of the unexpired term.
[Pre-Local Government Recodification Citation: 19-1-45-14.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.5; P.L.236-2023, SEC.197; P.L.157-2026, SEC.271.
Ind. Code § 36-8-11-12.1 Alternative option for appointments to board of fire trustees in certain county; terms of office; vacancies
Sec. 12.1 (a) This section applies to a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000)
(b) This section is an alternative to section 12 of this chapter if the appointment of the governing board under section 12 of this chapter would exceed nine (9) members. The county legislative body may instead opt to appoint the governing board under this section.
(c) The board of trustees appointed under this section is composed of nine (9) members appointed as follows:
(1) Six (6) trustees appointed by the county commissioners, with not more than two (2) appointments coming from each original fire protection district or fire protection territory.
(2) Three (3) trustees appointed by the county council with not more than one (1) appointment coming from each original fire protection district or fire protection territory.
The county commissioners shall select their initial six (6) appointments before July 1, 2026. The county council shall select their initial three (3) appointments after July 1, 2026, but before August 1, 2026. All future appointments shall be made by the county commissioners before the county council.
(d) The initial term of a trustee appointed under subsection (c) is as follows:
(1) Two (2) county commissioner appointments and one (1) county council appointment for a term of one (1) year.
(2) Two (2) county commissioner and one (1) county council appointment for a term of two (2) years.
(3) Two (2) county commissioner appointments and one (1) county council appointment for a term of three (3) years.
(e) The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four (4) years.
(f) If a vacancy occurs on the board, the county legislative body shall appoint a trustee with the qualifications specified in section 12(b) of this chapter for the unexpired term. Members appointed must comply with section 12 of this chapter.
As added by P.L.157-2026, SEC.272.
Ind. Code § 36-8-11-12.5 Authorization for certain counties to establish a nine member governing board for a fire protection district; powers and duties; term of appointments
Sec. 12.5. (a) This section applies only to a county for which a fire protection district includes all of the incorporated and unincorporated area of the county.
(b) The county legislative body may adopt an ordinance to establish a nine (9) member governing board for the fire protection district. The ordinance must provide that the governing board consists of the following:
(1) Eight (8) governing board members appointed by the county legislative body who meet the following requirements:
(A) Each governing board member must be an active member of the board of fire trustees at the time of appointment to the governing board. Upon appointment to the governing board, the individual ceases to be a member of the board of fire trustees.
(B) Two (2) governing board members must reside in each of the following four (4) geographic areas of the county that contain as nearly as possible, equal area in square miles:
(i) Northwest.
(ii) Northeast.
(iii) Southwest.
(iv) Southeast.
(2) One (1) governing board member who is a member of the county executive and serves on the board by virtue of their office. Notwithstanding section 14(c) of this chapter, the member may not receive any compensation for serving on the governing board but may be compensated for expenses.
(c) Beginning on the date specified in the ordinance establishing the governing board, the following occurs:
(1) Only the governing board shall have the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute. Unless expressly provided otherwise, any reference in this chapter or other statute to a board of fire trustees or a member of the board of fire trustees is a reference to the governing board or a member of the governing board.
(2) The board of fire trustees:
(A) continues in existence solely as an advisory body to the governing board; and
(B) does not have any of the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute.
Sections 12, 13, and 14 of this chapter continue to apply to the administration of the board of fire trustees.
(d) Except as provided in subsection (e), the term of a member appointed to the governing board is four (4) years. The terms expire on the first Monday of January of the year their appointments expire.
(e) The county legislative body may provide, in the ordinance establishing the governing board, for the staggering of the terms of the original governing board members appointed under subsection (b)(1).
(f) If a vacancy occurs on the governing board, the county legislative body shall appoint a member with the qualifications set forth in this section for the unexpired term.
As added by P.L.236-2023, SEC.198.
Ind. Code § 36-8-11-13 Trustees meetings and special meetings
Sec. 13. (a) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October. The county legislative body may order that regular meetings be held more frequently.
(b) Special meetings of the board may be called by the chair or by two (2) trustees, upon written request to the secretary. At least three (3) days before a special meeting, the secretary shall send to all trustees a written notice fixing the time and place of the 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 trustees were present at a meeting at which a special meeting was called.
[Pre-Local Government Recodification Citation: 19-1-45-15.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.268.
Ind. Code § 36-8-11-14 Trustees; officers; quorum; approval of actions; compensation; offices; records
Sec. 14. (a) At the first regular meeting each year, the trustees of the board shall elect a chair and vice chair from their number. The vice chair shall act as chair during the absence or disability of the chair.
(b) A majority of the trustees constitutes a quorum. An action of the board is official, however, only if it is authorized by a majority of the trustees at a regular or properly called special meeting.
(c) Each trustee may receive not more than one hundred dollars ($100) a day for each day devoted to the work of the district. In addition, each trustee may be reimbursed for actual expenses, including traveling expense at a rate equivalent to that provided by statute for state employees. Claims for expense reimbursement must be accompanied by an itemized written statement and approved by a recorded motion of the board.
(d) At the time the county legislative body initially appoints the board, it shall order where the board will maintain its offices. The offices may not be changed without approval of the legislative body. The board shall arrange for office space and keep a record of all transactions and minutes of all meetings in the office. All records and minutes shall be kept available for public inspection.
[Pre-Local Government Recodification Citation: 19-1-45-16.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.269; P.L.4-2019, SEC.1.
Ind. Code § 36-8-11-15 Trustees; governing board; powers and duties
Sec. 15. (a) The board:
(1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken according to this chapter;
(2) has the same powers and duties as a township executive relative to contracting with volunteer firefighting companies, as prescribed by IC 36-8-12 and IC 36-8-13;
(3) shall appoint, fix the compensation, and prescribe the duties of a fiscal officer, secretarial staff, persons performing special and temporary services or providing legal counsel, and other personnel considered necessary for the proper functioning of the district; however, a person appointed as fiscal officer must be bonded by good and sufficient sureties in an amount ordered by the county legislative body to protect the district from financial loss;
(4) shall exercise general supervision of and make regulations for the administration of the district's affairs;
(5) shall prescribe uniform rules pertaining to investigations and hearings;
(6) shall supervise the fiscal affairs and responsibilities of the district;
(7) may delegate to employees of the district the authority to perform ministerial acts, except in cases in which final action of the board is necessary;
(8) shall keep accurate and complete records of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the district;
(9) shall make an annual report to the executive and the fiscal body of the county that at least lists the financial transactions of the district and a statement of the progress in accomplishing the purposes for which the district has been established;
(10) shall adopt a seal and certify all official acts;
(11) may sue and be sued collectively by its legal name:
(A) ("Board of Fire Trustees, __________ Fire Protection District"); or
(B) ("Governing Board of __________ Fire Protection District"), if a governing board for the district is appointed under section 12.5 of this chapter;
with service of process made on the chair of the board, but costs may not be taxed against the members individually in an action;
(12) may invoke any legal, equitable, or special remedy for the enforcement of this chapter or of proper action of the board taken in a court;
(13) shall prepare and submit to the fiscal body of the county an annual budget for operation and maintenance expenses and for the retirement of obligations of the district, subject to review and approval by the fiscal body;
(14) may, if advisable, establish one (1) or more advisory committees, however in a county that adopts an ordinance under section 12.5 of this chapter, the board of fire trustees shall be an advisory body to the governing board;
(15) may enter into agreements with and accept money from a federal or state agency and enter into agreements with a municipality located within or outside the district, whether or not the municipality is a part of the district, for a purpose compatible with the purposes for which the district exists and with the interests of the municipality;
(16) may accept gifts of money or other property to be used for the purposes for which the district is established;
(17) may levy taxes at a uniform rate on the real and personal property within the district;
(18) may issue bonds and tax anticipation warrants;
(19) may incur other debts and liabilities;
(20) may purchase or rent property;
(21) may sell services or property that are produced incident to the operations of the district making a fair and reasonable charge for it;
(22) may make contracts or otherwise enter into agreements with public or private persons and federal or state agencies for construction, maintenance, or operations of or in part of the district;
(23) may receive and disburse money;
(24) may impose a false alarm fee or service charge under IC 36-8-13-4;
(25) may, subject to the approval of the active members of the fire department in a referendum, adopt a merit system under IC 36-8-3.5; and
(26) shall serve as merit commissioners if a merit system is adopted under IC 36-8-3.5.
(b) Powers granted by this chapter may be used only to accomplish the purpose or purposes as stated in the ordinance or resolution establishing the district. However, an act of the board necessary and proper to accomplish the purposes for which the district is established is not invalid because it incidentally accomplishes a purpose other than one for which the district is established.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-17 part; subsection (b) formerly 19-1-45-3.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.341-1987, SEC.3; P.L.82-2001, SEC.1; P.L.127-2017, SEC.270; P.L.207-2023, SEC.24; P.L.236-2023, SEC.199.
Ind. Code § 36-8-11-16 Taxing district; district considered municipal corporation; tax rate
Sec. 16. (a) All the real property within a fire protection district constitutes a taxing district for the purpose of levying taxes to pay for the construction, operation, and maintenance of district programs and facilities. A tax levied must be levied at a uniform rate upon all taxable property within the district. A fire protection district is a municipal corporation within the meaning of the Constitution of Indiana and all general statutes.
(b) This subsection applies to a fire protection district established by an ordinance or a resolution adopted under this chapter after December 31, 2025. The district may not impose a tax rate on the taxable property within the district that exceeds forty cents ($0.40) per one hundred dollars ($100) of assessed valuation.
[Pre-Local Government Recodification Citation: 19-1-45-18.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.157-2026, SEC.273.
Ind. Code § 36-8-11-17 Bonds; authorization
Sec. 17. Bonds may be issued only against the taxable property of a fire protection district and may be paid in part by revenues derived from reasonable charges for services or property produced incident to the operation of the district. Bonds shall be issued in the same manner as conservancy district bonds are issued under IC 14-33-11.
[Pre-Local Government Recodification Citation: 19-1-45-19 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.1-1995, SEC.85.
Ind. Code § 36-8-11-18 Annual budget; tax levy
Sec. 18. (a) The board shall annually budget the necessary money to meet the expenses of operation and maintenance of the district, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, bond redemption, and all other expenses lawfully incurred by the district. After estimating expenses and receipts of money, the board shall establish the tax levy required to fund the estimated budget.
(b) The budget must be approved by the fiscal body of the county and the department of local government finance.
(c) Upon approval by the department of local government finance, the board shall certify the approved tax levy to the auditor of the county having land within the district. The auditor shall have the levy entered on the county treasurer's tax records for collection. After collection of the taxes the auditor shall issue a warrant on the treasurer to transfer the revenues collected to the board, as provided by statute.
[Pre-Local Government Recodification Citation: 19-1-45-20 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.491; P.L.224-2007, SEC.127; P.L.146-2008, SEC.780; P.L.257-2019, SEC.152.
Ind. Code § 36-8-11-19 No duplicate tax levies
Sec. 19. The department of local government finance, when approving a rate and levy fixed by the board, shall verify that a duplication of tax levies does not exist between a fire protection district and a municipality or township within the boundaries of the district, so that taxpayers do not bear two (2) levies for the same service, except as provided by section 20 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-45-21.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.492.
Ind. Code § 36-8-11-20 Indebtedness incurred before establishment of district
Sec. 20. A unit that incurred indebtedness for fire protection services before the establishment of a fire protection district under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit until the indebtedness is paid in full.
[Pre-Local Government Recodification Citation: 19-1-45-22.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-21 Disbanding fire department not required
Sec. 21. This chapter does not require a municipality or township to disband its fire department unless its legislative body consents by ordinance.
[Pre-Local Government Recodification Citation: 19-1-45-23 part.]
As added by Acts 1981, P.L.309, SEC.63.
Ind. Code § 36-8-11-22 Areas annexed by municipalities
Sec. 22. (a) Any area that is part of a fire protection district and is annexed by a municipality that is not a part of the district ceases to be a part of the fire protection district when the municipality begins to provide fire protection services to the area.
(b) Notwithstanding subsection (a), if a fire protection district has a total net assessed value (as determined by the county auditor) of more than one billion dollars ($1,000,000,000) on the date that the annexation ordinance is adopted:
(1) the annexed area shall remain a part of the fire protection district after the annexation takes effect; and
(2) the fire protection district shall continue to provide fire protection services to the annexed area.
Nothing in this section requires a municipality to provide fire protection services to an annexed area described in this subsection.
As added by P.L.341-1987, SEC.4. Amended by P.L.236-2019, SEC.2.
Ind. Code § 36-8-11-22.1 Multiple county district; board of fire trustees
Sec. 22.1. (a) This section applies to a district that consists of a municipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) Sections 6 and 7 of this chapter apply to the petition.
(d) The board of fire trustees for the district shall be appointed as prescribed by section 12 of this chapter. However, the legislative body of each county within which the district is located shall jointly appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from the municipality contained in the district. The legislative body of each county shall jointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the district. However, the county legislative bodies serving the district shall jointly decide where the board shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the taxing district, bonds, annual budget, tax levies, and disbanding of fire departments apply to the district. However, the budget must be approved by the county fiscal body in each county in the district. In addition, the auditor of each county in the district shall perform the duties described in section 18(c) of this chapter.
As added by P.L.36-2000, SEC.8. Amended by P.L.224-2007, SEC.128; P.L.146-2008, SEC.781; P.L.257-2019, SEC.153.
Ind. Code § 36-8-11-23 Merger of districts
Sec. 23. (a) Any fire protection district may merge with one (1) or more protection districts to form a single district if at least one-eighth (1/8) of the aggregate external boundaries of the districts coincide.
(b) The legislative body of the county where at least two (2) districts are located (or if the districts are located in more than one (1) county, the legislative body of each county) shall, if petitioned by freeholders in the two (2) districts, adopt an ordinance merging the districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire protection districts must initiate proceedings by filing a petition in the office of the county auditor of each county where a district is located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500) from each district, of the freeholders owning land within the district; or
(2) by a majority of the freeholders from the districts;
whichever is less.
(d) The petition described in subsection (c) must state the same items listed in section 7 of this chapter. Sections 6, 8, and 9 of this chapter apply to the petition and to the legislative body of each county in the proposed district.
(e) The board of fire trustees for each district shall form a single board, which shall continue to be appointed as prescribed by section 12 of this chapter. In addition, sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the merged district, except that if the merged district lies in more than one (1) county, the county legislative bodies serving the combined district shall jointly decide where the board shall locate (or approve relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the taxing district, bonds, annual budget, tax levies, and disbanding of fire departments apply to a merged district. However, the budget must be approved by the county fiscal body in each county in the merged district. In addition, the auditor of each county in the district shall perform the duties described in section 18(c) of this chapter.
As added by P.L.341-1987, SEC.5. Amended by P.L.63-1991, SEC.6; P.L.224-2007, SEC.129; P.L.146-2008, SEC.782; P.L.257-2019, SEC.154.
Ind. Code § 36-8-11-24 Dissolution of districts
Sec. 24. (a) Proceedings to dissolve a fire protection district may be instituted by the filing of a petition with the county legislative body that formed the district. If the proceedings are for dissolution of a district to which section 5.1 of this chapter applies, the proceedings may be instituted by the filing of a petition with the primary county or the secondary county, or both.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the district; or
(2) by a majority of those freeholders owning land within the district;
whichever is less.
(c) Except as provided in subsection (d), the provisions of section 8 of this chapter concerning a petition to establish a district apply to a dissolution petition.
(d) If the district is established under section 5.1 of this chapter, the provisions of section 5.1 of this chapter apply to a petition to dissolve the district.
(e) Except as provided in subsection (f), a petition against the dissolution of the fire protection district may be presented to the county legislative body at or after a hearing on the petition to dissolve a district and before the adoption of an ordinance or resolution dissolving the district. If the legislative body finds that it contains the signatures of fifty-one percent (51%) of the freeholders within the district or of the freeholders who own two-thirds (2/3) of the real property within the district, determined by assessed valuation, the legislative body shall dismiss the petition for the dissolution of the district.
(f) If a district is established under section 5.1 of this chapter, the provisions of section 9.5 of this chapter apply to a petition to dissolve the district.
(g) If, after the public hearing, the legislative body determines that dissolution should occur, it shall adopt an ordinance dissolving the district. If the district is established under section 5.1 of this chapter, both legislative bodies of the counties containing the district must adopt ordinances dissolving the district after determining in a public hearing that the district should be dissolved.
(h) A dissolution takes effect three (3) months after the later of the adoption of the ordinance under subsection (g) or the payment of the district’s debts and liabilities, including its liabilities under IC 34-13-2 and IC 34-13-3. The property owned by the district after payment of debts and liabilities shall be disposed of in the manner chosen by the county legislative body or county legislative bodies. Dissolution of a district does not affect the validity of any contract to which the district is a party.
(i) A person aggrieved by a decision made by the county legislative body or county legislative bodies under this section may, within thirty (30) days, appeal the decision to the circuit court for any county in which the district is located. The appeal is instituted by giving written notice to each county legislative body within which the district is located and filing with the circuit court clerk a bond in the sum of five hundred dollars ($500), with surety approved by the legislative body or legislative bodies. The bond must provide that the appeal will be duly prosecuted and that the appellants will pay all costs if the appeal is decided against them. When an appeal is instituted, the county legislative body or county legislative bodies shall file with the circuit court clerk a transcript of all proceedings in the case, together with all papers filed in the case. The county legislative body or county legislative bodies may not take further action in the case until the appeal is heard and determined. An appeal under this subsection shall be heard by the circuit court without a jury. Change of venue from the judge may be granted, but change of venue from the county may not be granted.
As added by P.L.341-1987, SEC.6. Amended by P.L.63-1991, SEC.7; P.L.36-2000, SEC.9.
Ind. Code § 36-8-11-25 Repealed
As added by P.L.341-1987, SEC.7. Repealed by P.L.394-1987(ss), SEC.3.
Ind. Code § 36-8-11-26 Purchase of firefighting equipment on installment conditional sale or mortgage contract
Sec. 26. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the district's fiscal officer, with the approval of the board and the county fiscal body, may purchase the firefighting apparatus and equipment for the district on an installment conditional sale or mortgage contract running for a period not exceeding fifteen (15) years. The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year.
As added by P.L.83-1998, SEC.2. Amended by P.L.90-2002, SEC.493; P.L.178-2002, SEC.133; P.L.19-2013, SEC.1.
Ind. Code § 36-8-11-27 Payment of line of duty health care expenses for firefighters
Sec. 27. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter.
(b) A fire protection district shall pay for the care of a firefighter who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the firefighter's duties.
(c) The fire protection district shall pay for the following expenses incurred by a firefighter described in subsection (b):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including service provided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(d) Expenditures required by subsection (b) or (c) shall be paid from the fund used by the fire protection district for payment of the costs attributable to providing fire protection services in the fire protection district.
(e) A fire protection district that has paid for the care of a firefighter under subsection (b) or (c) has a cause of action for reimbursement of the amount paid under subsection (b) or (c) against any third party against whom the firefighter has a cause of action for:
(1) an injury sustained because of; or
(2) an illness caused by;
the third party. The fire protection district's cause of action under this subsection is in addition to, and not instead of, the cause of action of the firefighter against the third party.
(f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the firefighter is not precluded from recovering medical benefits under this section.
As added by P.L.150-2002, SEC.3. Amended by P.L.118-2026, SEC.18.
Ind. Code § 36-8-11-28 Member residency
Sec. 28. A firefighter who is a member of the fire department of a fire protection district is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's fire department; and
(2) maintain telephone service to communicate with the member's fire department.
As added by P.L.122-2023, SEC.32.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026