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Indiana Code Title 16. Health § 16-19-3-27.8

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 27.8. (a) After June 30, 2023, a county, city, or town ordinance concerning residential onsite sewage systems that:

(1) would restrict or prohibit the use of technology new to Indiana that is approved for general use in Indiana under section 27.5 of this chapter;  or

(2) would otherwise vary from the rules concerning residential onsite sewage systems, including rules updated under section 27.7 of this chapter;

is subject to this section.

(b) After adopting an ordinance described in subsection (a), the county, city, or town must submit the ordinance to the technical review panel established under section 27.5(b) of this chapter, along with a:

(1) request for approval of the ordinance;

(2) statement of the reasons for the restriction, prohibition, or variance;  and

(3) statement of financial impact for each item in the ordinance.

(c) The technical review panel shall consider an ordinance submitted by a county, city, or town under subsection (b).  If the technical review panel approves the ordinance by vote of a majority of its members at a public meeting, the ordinance becomes effective within the county, city, or town.

(d) An ordinance described in subsection (a) is not effective unless it is approved by the technical review panel under this section.

(e) If an ordinance described in subsection (a) was adopted before July 1, 2023, the ordinance becomes void and unenforceable on July 1, 2023.

(f) An ordinance described in subsection (a) may be readopted if:

(1) the legislative body of county, city, or town votes to adopt the ordinance after it expires on July 1, 2023;  and

(2) after being readopted under subdivision (1), the ordinance is:

(A) submitted to the technical review panel under subsection (b);  and

(B) approved by the technical review panel under subsection (c).

(g) The technical review panel may not approve an ordinance under this section unless the requirements described in section 34 of this chapter are satisfied.

(h) An ordinance that:

(1) is approved by the technical review panel after January 1, 2025;  and

(2) does not comply with the rule changes made in accordance with section 34 of this chapter;

is void.

(i) The technical review panel may only meet once per calendar quarter to review ordinances under this section.

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Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-19-3-27.8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-19-3-27-8/

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