§ 36-1-6-11 — Notices to department of environmental management concerning environmental restrictive ordinances; waiver of notice; ordinance must state notice requirements, but is not void for failure to state

(a) Subject to subsection (e), the legislative
body of a municipal corporation shall:
(1) subject to subsection (b), 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
(2) 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.
(b) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (a).
(d) The failure of an environmental restrictive ordinance to comply
with subsection (c) does not void the ordinance.
(e) The notice requirements of subsection (a) 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 (a) 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.

Legislative History

As added by P.L.78-2009, SEC.22. Amended by P.L.159-2011, SEC.43.