§ 15-16-2-50 — Regulation by political subdivision prohibited; petition; hearing

Indiana § 15-16-2-50

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 2: Commercial Fertilizers

Text

(a) Except as provided in subsection (b), a
political subdivision (as defined in IC 36-1-2-13) does not have
authority to regulate by ordinance the storage or use of fertilizer
material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance because
of special circumstances relating to the storage or use of fertilizer
material. If a petition is received, the state chemist shall hold a public
hearing to consider allowing the waiver requested. The public hearing
must be conducted in an informal manner. IC 4-21.5 does not apply to
a public hearing under this section.
[Pre-2008 Recodification Citations: subsection (a) formerly
15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32.