Indiana § 36-7-4-223 Membership of commission; conflict of interest; disqualification

Indiana Statutes

§ 36-7-4-223 — Membership of commission; conflict of interest; disqualification

Indiana § 36-7-4-223

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

This text of Indiana § 36-7-4-223 (Membership of commission; conflict of interest; disqualification) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-4-223 (2026).

Text

(a)This section does not apply to the preparation or adoption of a comprehensive plan under the 500 series of this chapter.

(b)A member of a plan commission or a legislative body is disqualified and may not participate as a member of the plan commission or legislative body in a hearing or recommendation of that commission or body concerning a legislative act as described in section 1016 of this chapter in which the member has a direct or indirect financial interest. The commission or body shall enter in its records the fact that its member has such a disqualification.

(c)A member of a plan commission is disqualified and may not participate in a hearing of that commission concerning a zoning decision as described in section 1016 of this chapter if:

(1)the member is biased or prejudiced

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(a) This section does not apply to the
preparation or adoption of a comprehensive plan under the 500 series
of this chapter.
(b) A member of a plan commission or a legislative body is
disqualified and may not participate as a member of the plan
commission or legislative body in a hearing or recommendation of that
commission or body concerning a legislative act as described in section
1016 of this chapter in which the member has a direct or indirect
financial interest. The commission or body shall enter in its records the
fact that its member has such a disqualification.
(c) A member of a plan commission is disqualified and may not
participate in a hearing of that commission concerning a zoning
decision as described in section 1016 of this chapter if:
(1) the member is biased or prejudiced or otherwise unable to be
impartial; or
(2) the member has a direct or indirect financial interest in the
outcome of the zoning decision.
(d) The plan commission shall enter in the plan commission's
records:
(1) the fact that a regular member has a disqualification under
subsection (c); and
(2) the name of the alternate member, if any, who participates in
the hearing in place of the regular member.
(e) A member of a plan commission or a legislative body may not
directly or personally represent another person in a hearing before that
commission or body concerning a zoning decision or a legislative act.
(f) A member of a plan commission may not receive any mileage or
compensation under section 222.5 of this chapter for attendance at a
meeting if the member is disqualified under this section from
participating in the entire meeting.
[Pre-Local Government Recodification Citations:
18-7-4-223; 18-7-5-1 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.14; P.L.154-1993, SEC.4; P.L.126-2011,
SEC.12.