Indiana § 36-2-4-8 - Adoption and effective date of ordinance, order, or resolution; requirements

§ 36-2-4-8. Adoption and effective date of ordinance, order, or resolution; requirements

Sec. 8. (a) An ordinance, order, or resolution is considered adopted when it is signed by the presiding officer. If required, an adopted ordinance, order, or resolution must be promulgated or published according to statute before it takes effect.

(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two (2) consecutive weeks, according to IC 5-3-1:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official website of the county.

(c) The following apply in addition to the other requirements of this section:

(1) Subject to subsection (f), the legislative body of a county shall:

(A) subject to subdivision (2), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and

(B) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.

(2) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subdivision (1)(A).

(3) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subdivision (1).

(4) The failure of an environmental restrictive ordinance to comply with subdivision (3) does not void the ordinance.

(d) This section (other than subsection (c)(1)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

(e) An ordinance increasing a building permit fee on new development must:

(1) be published:

(A) one (1) time in accordance with IC 5-3-1; and

(B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and

(2) delay the implementation of the fee increase for one hundred eighty (180) days after the date the ordinance is published under subdivision (1).

(f) The notice requirements of subsection (c)(1) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (c)(1) as part of a risk based remediation proposal:

(1) approved by the department; and

(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.

[Pre-Local Government Recodification Citations: 17-1-28-3 part; 17-1-28-10 part; 17-2-2.5-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.150; P.L.192-1984, SEC.1; P.L.335-1985, SEC.32; P.L.100-2003, SEC.1; P.L.78-2009, SEC.23; P.L.159-2011, SEC.44; P.L.77-2014, SEC.20; P.L.278-2019, SEC.189; P.L.156-2020, SEC.136; P.L.22-2021, SEC.5; P.L.152-2021, SEC.39; P.L.73-2026, SEC.10.