§ 16-19-3-27.8 — Adoption process for local residential onsite sewage system ordinances; removal of unenforceable ordinances adopted; technical review panel meeting restrictions

Indiana § 16-19-3-27.8

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 19: STATE DEPARTMENT OF HEALTH
• Ch. 3: Powers and Duties of State Department of Health and

Text

8. (a) After June 30, 2023, a county, city,
or town ordinance concerning residential onsite sewage systems that:
(1) would restrict or prohibit the use of technology new to Indiana
that is approved for general use in Indiana under section 27.5 of
this chapter; or
(2) would otherwise vary from the rules concerning residential
onsite sewage systems, including rules updated under section 27.7
of this chapter;
is subject to this section.
(b) After adopting an ordinance described in subsection (a), the
county, city, or town must submit the ordinance to the technical review
panel established under section 27.5(b) of this chapter, along with a:
(1) request for approval of the ordinance;
(2) statement of the reasons for the restriction, prohibition, or
variance; and
(3) statement of financial impact for each item in the ordinance.
(c) The technical review panel shall consider an ordinance
submitted by a county, city, or town under subsection (b). If the
technical review panel approves the ordinance by vote of a majority of
its members at a public meeting, the ordinance becomes effective
within the county, city, or town.
(d) An ordinance described in subsection (a) is not effective unless
it is approved by the technical review panel under this section.
(e) If an ordinance described in subsection (a) was adopted before
July 1, 2023, the ordinance becomes void and unenforceable on July 1,
2023.
(f) An ordinance described in subsection (a) may be readopted if:
(1) the legislative body of county, city, or town votes to adopt the
ordinance after it expires on July 1, 2023; and
(2) after being readopted under subdivision (1), the ordinance is:
(A) submitted to the technical review panel under subsection
(b); and
(B) approved by the technical review panel under subsection
(c).
(g) The technical review panel may not approve an ordinance under
this section unless the requirements described in section 34 of this
chapter are satisfied.
(h) An ordinance that:
(1) is approved by the technical review panel after January 1,
2025; and
(2) does not comply with the rule changes made in accordance
with section 34 of this chapter;
is void.
(i) The technical review panel may only meet once per calendar
quarter to review ordinances under this section.

Legislative History

As added by P.L.232-2023, SEC.6. Amended by P.L.151-2025, SEC.3.