Enabling statute

Indiana

Indiana Code Title 36 (Local Government), Article 7 (Planning and Development), Chapter 4 — Local Planning and Zoning ("the 600 series" governs zoning ordinances)
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Summary

Indiana delegates zoning authority to local governments ("units" — cities, towns, and counties) through Title 36, Article 7, Chapter 4 of the Indiana Code (the "600 series" specifically governs zoning ordinances). Under IC 36-7-4-201, a unit wishing to exercise planning and zoning powers must do so in the manner this chapter prescribes, with the stated purpose of letting units improve the health, safety, convenience, and welfare of their citizens. IC 36-7-4-601 vests the unit's legislative body (city/town council or county commissioners/council) with exclusive authority to adopt a zoning ordinance, but only after a comprehensive plan has been approved under the chapter's 500 series; the body acts to secure light, air, access, and safety, lessen congestion, and promote the general welfare. Zoning is administered locally through plan commissions and boards of zoning appeals created under the same chapter, reflecting the Standard State Zoning Enabling Act lineage. This is a classic local-delegation (county and municipal) model rather than a state-level zoning regime.

The delegation

IC 36-7-4-201. Application of chapter; purpose Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3, must do so in the manner provided by this chapter. (b) The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end: (1) that highway systems be carefully planned; (2) that new communities grow only with adequate public way, utility, health, educational, and recreational facilities; (3) that the needs of agriculture, forestry, industry, and business be recognized in future growth; (4) that residential areas provide healthful surroundings for family life; and (5) that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds. IC 36-7-4-601. Zoning ordinance; powers and duties of legislative body Sec. 601. (a) The legislative body having jurisdiction over the geographic area described in the zoning ordinance has exclusive authority to adopt a zoning ordinance under the 600 series. However, no zoning ordinance may be adopted until a comprehensive plan has been approved for the jurisdiction under the 500 series of this chapter. (b) When it adopts a zoning ordinance, the legislative body shall act for the purposes of: (1) securing adequate light, air, convenience of access, and safety from fire, flood, and other danger; (2) lessening or avoiding congestion in public ways; (3) promoting the public health, safety, comfort, morals, convenience, and general welfare; and (4) otherwise accomplishing the purposes of this chapter. (c) When it adopts a zoning ordinance, the legislative body shall: (1) designate the geographic area over which the plan commission shall exercise jurisdiction; and (2) incorporate by reference into the ordinance zone maps, as prepared by the plan commission.

Verification

Read the verification audit

Verified against the current (2025/2026) Indiana Code via Justia and FindLaw official-text mirrors. (a) Citation is real and current: Ind. Code Title 36 (Local Government), Art. 7 (Planning and Development), Ch. 4 is titled "Local Planning and Zoning" — this is Indiana's local planning/zoning enabling chapter (IC 36-7-4-1 et seq.). (b) It is genuinely the zoning enabling authority: IC 36-7-4-201 ("Manner of exercising planning and zoning powers; purpose") provides that a unit wanting to exercise planning and zoning powers must do so in the manner this chapter provides, stating the purpose of encouraging units to improve the health, safety, convenience, and welfare of their citizens — confirmed. IC 36-7-4-600 expressly designates sections 600-699 as the "600 SERIES—ZONING ORDINANCE." IC 36-7-4-601 ("Zoning Ordinance; Powers and Duties of Legislative Body") gives the legislative body having jurisdiction exclusive authority to adopt a zoning ordinance under the 600 series, and bars adoption until a comprehensive plan is approved under the 500 series; it carries Standard State Zoning Enabling Act language (adequate light, air, convenience of access, safety from fire and other dangers, districting). Confirmed not repealed/unrelated. (c) Authority model accurate: zoning is delegated to local "units." Under the Indiana Code, "unit" (IC 36-1-2-23) means a county, municipality (city or town), or township. Administration is local via plan commissions and boards of zoning appeals created under the same chapter. The county_and_municipal local-delegation characterization is correct (a township is technically also a "unit," but cities, towns, and counties are the operative zoning units; this is correctly a local-delegation model, not a state-level regime). All claimed elements check out. Note: WebFetch to Justia/FindLaw returned 403, but section titles and quoted text were obtained from search-result snippets of those official-text pages, which were consistent and corroborating.