Indiana Code
Ind. Code § 36-8-2-4 (2026)
Regulation of dangerous conduct or property
✓ current as of May 2026
Sec. 4. A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.
[Pre-Local Government Recodification Citations: 18-1-1.5-6(c); 18-1-1.5-6(d); 18-1-1.5-6(e); 18-1-1.5-7(f); 18-1-1.5-7(h); 18-3-1-37 part; 18-3-1-39 part; 18-3-1-40 part; 18-3-1-44 part; 18-4-2-26 part; 18-5-10-7 part.]
As added by Acts 1980, P.L.211, SEC.3.
Notes of Decisions
Cited in 8
cases, 1983–2020 · 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 § 36-8-2-4 (2004 & Supp. 2007) provides that “[a] unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.”
City of Carmel v. Martin Marietta Materials, Inc., 849 N.E.2d 1197 (Ind. Ct. App. 2006). “” Ind.Code § 36-8-2-4. The mining statute states, “A unit may regulate excavation, mining, drilling, and other movement or removal of earth below ground level.”
Pro-Eco, Inc. v. Bd. of Commissioners of Jay Cnty., Indiana, 956 F.2d 635 (7th Cir. 1992). “A provision of that statute, Ind. Code Ann. § 36-8-2-4 (West 1983) authorizes local governing units to “regulate .”
Alexander Gul v. City of Bloomington, 22 N.E.3d 853 (Ind. Ct. App. 2014). “See Ind. Code § 36-8-2-4 (providing that a municipal unit “may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare”).”
Uniontown Retail 36, LLC v. Bd. of Commissioners, 950 N.E.2d 332 (Ind. Ct. App. 2011). “It then found that the ordinance at issue had been enacted by the City “in a general exercise of its authority to ‘regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare,’ as authorized by I.C. § 36-8-2-4.” Id. at 785. As to…”
Tippecanoe Sanitary Landfill, Inc. v. Bd. of Cnty. Commissioners, 455 N.E.2d 971 (Ind. Ct. App. 1983). “For present law see Indiana Code section 36-8-2-4 (1981 Repl). 10 . This section was repealed on September 1, 1981.”
Beta Steel Corp. v. Porter Cnty., 695 N.E.2d 979 (Ind. Ct. App. 1998). “Specifically, a county may exercise any power it has to the- extent that the power is not expressly denied by the Indiana Constitution or by statute and is not granted to another entity. I.C. § 36-1-3-5.”
B&S of Fort Wayne, Inc. v. City of Fort Wayne, Indiana (Ind. Ct. App. 2020). “” I.C. § 36-8-2-4. The City enacted the ordinance in order to “protect 3 Both the ordinance and 905 IAC Section 1-16.”
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