§ 36-4-3-4 — Annexation of noncontiguous territory

Indiana § 36-4-3-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 4: GOVERNMENT OF CITIES AND TOWNS
• Ch. 3: Municipal Annexation and Disannexation

Text

(a) The legislative body of a municipality may,
by ordinance, annex any of the following:
(1) Territory that is contiguous to the municipality.
(2) Territory that is not contiguous to the municipality and is
occupied by a municipally owned or operated as either of the
following:
(A) An airport or landing field.
(B) A wastewater treatment facility or water treatment facility.
After a municipality annexes territory under this clause, the
municipality may annex additional territory to enlarge the
territory for the use of the wastewater treatment facility or water
treatment facility only if the county legislative body approves
that use of the additional territory by ordinance.
(3) Territory that is not contiguous to the municipality but is
found by the legislative body to be occupied by:
(A) a municipally owned or regulated sanitary landfill, golf
course, or hospital;
(B) a police station of the municipality; or
(C) a solar electric generating facility that is or will be
interconnected to an electric utility owned by the municipality.
However, if territory annexed under subdivision (2) or (3) ceases to be
used for the purpose for which the territory was annexed for at least
one (1) year, the territory reverts to the jurisdiction of the unit having
jurisdiction before the annexation if the unit that had jurisdiction over
the territory still exists. If the unit no longer exists, the territory reverts
to the jurisdiction of the unit that would currently have jurisdiction over
the territory if the annexation had not occurred. The clerk of the
municipality shall notify the offices required to receive notice of a
disannexation under section 19 of this chapter when the territory
reverts to the jurisdiction of the unit having jurisdiction before the
annexation. Territory that is annexed under subdivision (2) (including
territory that is enlarged under subdivision (2)(B) for the use of the
wastewater treatment facility or water treatment facility) or subdivision
(3) may not be considered a part of the municipality for purposes of
annexing additional territory.
(b) This subsection applies to the following:
(1) A municipality in a county having a population of more than
sixty-six thousand six hundred (66,600) and less than seventy
thousand (70,000).
(2) A municipality in a county having a population of more than
eighty-two thousand (82,000) and less than eighty-three thousand
(83,000).
(3) A municipality in a county having a population of more than
eighty thousand four hundred (80,400) and less than eighty-two
thousand (82,000).
(4) A municipality in a county having a population of more than
forty-six thousand (46,000) and less than forty-six thousand four
hundred (46,400).
(5) A municipality in a county having a population of more than
thirty-seven thousand (37,000) and less than thirty-seven
thousand nine hundred (37,900).
(6) A municipality in a county having a population of more than
thirty-six thousand five hundred (36,500) and less than thirty-six
thousand seven hundred (36,700).
(7) A municipality in a county having a population of more than
thirty-two thousand (32,000) and less than thirty-three thousand
(33,000).
(8) A municipality in a county having a population of more than
twenty-three thousand (23,000) and less than twenty-three
thousand three hundred seventy-five (23,375).
(9) A municipality in a county having a population of more than
two hundred thousand (200,000) and less than two hundred fifty
thousand (250,000).
(10) A municipality in a county having a population of more than
two hundred fifty thousand (250,000) and less than three hundred
thousand (300,000).
(11) A municipality in a county having a population of more than
thirty thousand nine hundred (30,900) and less than thirty-two
thousand (32,000).
(12) A municipality in a county having a population of more than
eighty thousand (80,000) and less than eighty thousand four
hundred (80,400).
(13) A city having a population of more than five thousand one
hundred forty (5,140) and less than five thousand two hundred
(5,200).
Except as provided in subsection (c), the legislative body of a
municipality to which this subsection applies may, by ordinance, annex
territory that is not contiguous to the municipality, has its entire area
not more than two (2) miles from the municipality's boundary, is to be
used for an industrial park containing one (1) or more businesses, and
is either owned by the municipality or by a property owner who
consents to the annexation. However, if territory annexed under this
subsection is not used as an industrial park within five (5) years after
the date of passage of the annexation ordinance, or if the territory
ceases to be used as an industrial park for at least one (1) year, the
territory reverts to the jurisdiction of the unit having jurisdiction before
the annexation if the unit that had jurisdiction over the territory still
exists. If the unit no longer exists, the territory reverts to the
jurisdiction of the unit that would currently have jurisdiction over the
territory if the annexation had not occurred. The clerk of the
municipality shall notify the offices entitled to receive notice of a
disannexation under section 19 of this chapter when the territory
reverts to the jurisdiction of the unit having jurisdiction before the
annexation.
(c) A city in a county with a population of more than two hundred
fifty thousand (250,000) and less than three hundred thousand
(300,000) may not annex territory as prescribed in subsection (b) until
the territory is zoned by the county for industrial purposes.
(d) Notwithstanding any other law, territory that is annexed under
subsection (b) or (h) is not considered a part of the municipality for the
purposes of:
(1) annexing additional territory:
(A) in a county that is not described by clause (B); or
(B) in a county having a population of more than two hundred
fifty thousand (250,000) and less than three hundred thousand
(300,000), unless the boundaries of the noncontiguous territory
become contiguous to the city, as allowed by Indiana law;
(2) expanding the municipality's extraterritorial jurisdictional
area; or
(3) changing an assigned service area under IC 8-1-2.3-6(1).
(e) As used in this section, "airport" and "landing field" have the
meanings prescribed by IC 8-22-1.
(f) As used in this section, "hospital" has the meaning prescribed by
IC 16-18-2-179(b).
(g) An ordinance adopted under this section must assign the
territory annexed by the ordinance to at least one (1) municipal
legislative body district.
(h) This subsection applies to a city having a population of more
than twenty-eight thousand (28,000) and less than twenty-nine
thousand (29,000). The city legislative body may, by ordinance, annex
territory that:
(1) is not contiguous to the city;
(2) has its entire area not more than eight (8) miles from the city's
boundary;
(3) does not extend more than:
(A) one and one-half (1 1/2) miles to the west;
(B) three-fourths (3/4) mile to the east;
(C) one-half (1/2) mile to the north; or
(D) one-half (1/2) mile to the south;
of an interchange of an interstate highway (as designated by the
federal highway authorities) and a state highway (as designated
by the state highway authorities); and
(4) is owned by the city or by a property owner that consents to
the annexation.
(i) This subsection applies to a city having a population of more
than thirty-four thousand (34,000) and less than thirty-four thousand
five hundred (34,500). The city legislative body may, by ordinance,
annex territory under section 5.1 of this chapter:
(1) that is not contiguous to the city;
(2) that is south of the southernmost boundary of the city;
(3) the entire area of which is not more than four (4) miles from
the city's boundary; and
(4) that does not extend more than one (1) mile to the east of a
state highway (as designated by the state highway authorities).
Territory annexed under this subsection is not considered a part of the
city for purposes of annexation of additional territory. A city may not
require connection to a sewer installed to provide service to territory
annexed under this subsection.
(j) A municipality may annex a residential development under
section 5.2 of this chapter that is not contiguous to the municipality.
[Pre-Local Government Recodification Citations:
18-5-10-20 part; 18-5-10-20.1; 18-5-10-20.2; 18-5-10-29;
18-5-10-30 part; 18-5-10-30.1; 19-6-1-16.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.91-1985, SEC.2; P.L.379-1987(ss), SEC.12; P.L.5-1989, SEC.92;
P.L.12-1992, SEC.156; P.L.62-1992, SEC.2; P.L.2-1993, SEC.202;
P.L.257-1993, SEC.1; P.L.1-1994, SEC.174; P.L.166-1994, SEC.1;
P.L.79-1996, SEC.2; P.L.255-1997(ss), SEC.9; P.L.2-1998, SEC.83;
P.L.170-2002, SEC.141; P.L.111-2005, SEC.3; P.L.182-2009(ss),
SEC.402; P.L.119-2012, SEC.185; P.L.207-2014, SEC.1;
P.L.183-2016, SEC.8; P.L.206-2016, SEC.3; P.L.160-2020, SEC.8;
P.L.38-2021, SEC.82; P.L.104-2022, SEC.154; P.L.70-2022, SEC.5;
P.L.105-2022, SEC.38; P.L.103-2025, SEC.1; P.L.211-2025,
SEC.1.