Indiana Code
Ind. Code § 36-1-2-15 (2026)
"Regulate"
✓ current as of May 2026
Sec. 15. "Regulate" includes license, inspect, or prohibit.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
Notes of Decisions
Cited in 5
cases, 1992–2013 · leading case: Sisters of St. Francis Health Servs., Inc. v. Morgan Cnty., 397 F. Supp. 2d 1032 (S.D. Ind. 2005).
Sisters of St. Francis Health Servs., Inc. v. Morgan Cnty., 397 F. Supp. 2d 1032 (S.D. Ind. 2005). “Ind.Code § 36-1-2-15. Thus, despite a generally permissive state policy in favor of local authority, Indiana law specifically provides that a local government seeking to regulate conduct licensed, inspected, or prohibited by the state may do so only where expressly allowed by…”
Pro-Eco, Inc. v. Bd. of Commissioners of Jay Cnty., Indiana, 956 F.2d 635 (7th Cir. 1992). “” Ind.Code Ann. § 36-1-2-15 (West 1983). The Board claims that “ ‘zoning’ is the separation of a municipality into districts or ‘zones’ and the regulation of each district as to the structure, nature and use of buildings and land.”
Town of Newburgh v. Town of Chandler, 999 N.E.2d 1015 (Ind. Ct. App. 2013). “" Ind.Code § 36-1-2-15 (1980). Section 36-9-2-18 further provides that "[a] municipality may exercise powers granted by sections 2, 8, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries.”
Town of Avon v. West Cent. Conservancy Dist., 937 N.E.2d 366 (Ind. Ct. App. 2010). “Ind.Code § 36-1-2-15. [[Image here]] 47. Avon's ability to permit or deny a request by the Township to sell its water is precisely the type of regulation or review of government power that is prohibited by the Review of Powers Subsection of the Home Rule Act.”
Fort Wayne Women's Health v. Bd. of Commissioners, 735 F. Supp. 2d 1045 (N.D. Ind. 2010). “Second, the Home Rule Act expressly denies units “[t]he power to regulate conduct that is regulated by a state agency, except as expressly granted by statute.”
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