§ 16-41-25-7 — Local ordinances and local health department requirements for residential onsite sewage systems; more stringent requirements than those of state department's rule prohibited after June 30, 2023

Indiana § 16-41-25-7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 25: Health, Sanitation, and Safety: Residential Septic

Text

(a) After June 30, 2023, a county, city, or
town ordinance may not adopt requirements, restrictions, or conditions
concerning the:
(1) design;
(2) construction;
(3) installation;
(4) location;
(5) maintenance;
(6) operation; or
(7) inspection of a septic system before a sale;
of a residential onsite sewage system that are more stringent than the
requirements, restrictions, and conditions of the rule of the state
department concerning residential onsite sewage systems. An
ordinance that imposes requirements, restrictions, or conditions that are
more stringent than the requirements, restrictions, and conditions of the
state department's rule concerning residential onsite sewage systems is
subject to invalidation under IC 16-19-3-27.8(e).
(b) After June 30, 2023, a local health department may not adopt
requirements, restrictions, or conditions concerning the:
(1) design;
(2) construction;
(3) installation;
(4) location;
(5) maintenance;
(6) operation; or
(7) inspection of a septic system before a sale;
of a residential onsite sewage system that are more stringent than the
requirements, restrictions, and conditions of the rule of the state
department concerning residential onsite sewage systems. After June
30, 2023, any requirements, restrictions, or conditions that are adopted
by a local health department and that are more stringent than the
requirements, restrictions, and conditions of the state department's rule
concerning residential onsite sewage systems are void and
unenforceable.

Legislative History

As added by P.L.167-2022, SEC.12. Amended by P.L.232-2023, SEC.8.