Indiana Code
Ind. Code § 36-7-2-6 (2026)
Regulation of movement or removal of earth below ground level
✓ current as of May 2026
Sec. 6. A unit may regulate excavation, mining, drilling, and other movement or removal of earth below ground level.
[Pre-Local Government Recodification Citation: 18-1-1.5-11(a).]
As added by Acts 1980, P.L.211, SEC.2.
Notes of Decisions
Cited in 2
cases, 2006–2008 · leading case: City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008).
City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind. 2008). “Indiana Code § 36-7-2-6 (2004 & Supp. 2007) provides that “[a] unit may regulate excavation, mining, drilling, and other movement or removal of earth below ground level.”
City of Carmel v. Martin Marietta Materials, Inc., 849 N.E.2d 1197 (Ind. Ct. App. 2006). “” Ind.Code § 36-7-2-6. The trial court found these statutes to conflict, and therefore held that the specific grant of power to regulate mining controlled over the general police powers accorded to Carmel.”
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