Indiana § 36-7-4-202.5 Reorganized units; adoption of advisory plan commission

Indiana Statutes

§ 36-7-4-202.5 — Reorganized units; adoption of advisory plan commission

Indiana § 36-7-4-202.5

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

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Bluebook

Ind. Code § 36-7-4-202.5 (2026).

Text

5.

(a)ADVISORY. Notwithstanding any other law, the legislative body of a unit described in IC 36-7-2-1(b) may establish by resolution an advisory plan commission.

(b)ADVISORY. If an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter:

(1)the advisory plan commission of the unit shall exercise the planning and zoning functions within the unit;

(2)the advisory plan commission of the unit may not exercise planning and zoning functions within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5);

(3)the county plan commission may not exercise planning and zoning functions

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5. (a) ADVISORY. Notwithstanding any
other law, the legislative body of a unit described in IC 36-7-2-1(b)
may establish by resolution an advisory plan commission.
(b) ADVISORY. If an advisory plan commission is established
under this section by a unit described in IC 36-7-2-1(b) and the unit
adopts a comprehensive plan under this chapter:
(1) the advisory plan commission of the unit shall exercise the
planning and zoning functions within the unit;
(2) the advisory plan commission of the unit may not exercise
planning and zoning functions within a municipality that has
established a plan commission under this chapter (other than a
municipality that participated in the reorganization of the unit
under IC 36-1.5);
(3) the county plan commission may not exercise planning and
zoning functions within the unit; and
(4) except as provided in subdivision (2), a municipal plan
commission of a municipality (other than a municipality that
participated in the reorganization of the unit under IC 36-1.5) may
not exercise planning and zoning functions within the unit.
Notwithstanding any other law, if a municipality (other than a
municipality that participated in the reorganization of the unit under IC 36-1.5) annexes territory within a unit described in IC 36-7-2-1(b) after
the unit has established an advisory plan commission under this
section, the municipal plan commission of that municipality may not
exercise planning and zoning functions within that annexed territory.
(c) ADVISORY. Except as specifically provided in this chapter, an
advisory plan commission established under this section by a unit
described in IC 36-7-2-1(b) shall exercise the planning and zoning
functions within the unit in the same manner that a municipal plan
commission established under this chapter exercises planning and
zoning functions for a municipality.
(d) ADVISORY. Notwithstanding any other provision, if an
advisory plan commission is established under this section by a unit
described in IC 36-7-2-1(b), the legislative body of the unit shall, by
resolution or in the unit's plan of reorganization under IC 36-1.5,
determine:
(1) the number of members to be appointed to the unit's advisory
plan commission;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members;
(4) the terms of those members; and
(5) whether any members or advisory members shall be appointed
by the county in which the unit is located or by a municipality
located within the unit.