Ind. Code » Title 36
Indiana Code

Ind. Code § 36-9-23-29 (2025)

Connections to sewer by abutting property; approval required; fees; liens; disposition of fees

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.

     (b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.

     (c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.

     (d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:

(1) net revenues of the sewage works;

(2) payment toward the cost of construction of the works; or

(3) payment toward the cost of improving the works in the future.

[Pre-Local Government Recodification Citation: 19-2-5-19 part.]

As added by Acts 1981, P.L.309, SEC.96.

 

Notes of Decisions
Cited in 4 cases, 2000–2010 · leading case: Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000).
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Town Council of New Harmony v. Parker, 726 N.E.2d 1217 (Ind. 2000). · cites it 4× “Code § 36-9-2-16 provides: “A unit may regulate the furnishing of the service of collecting, processing, and disposing of waste substances and domestic or sanitary sewage.”
Salmon v. City of Bloomington, 761 N.E.2d 440 (Ind. Ct. App. 2002). · cites it 4× “Additionally, Indiana Code Section 36-9-23-29 permits a municipality to charge a fee for connections to a sewer based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.”
City of Jeffersonville v. Hallmark at Jeffersonville, L.P., 937 N.E.2d 402 (Ind. Ct. App. 2010). · cites it 2× “See Ind.Code § 36-9-23-29(d) (providing that "[the municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected .”
Farley Neighborhood Ass'n v. Town of Speedway, 747 N.E.2d 1132 (Ind. Ct. App. 2001). · cites it 2× “See Ind.Code § 36-9-23-29. 7 . We note that Indiana Code section 36-9-2-18 allows a municipality to exercise its power *1139 to control disposal of sewage up to four (4) miles outside its corporate boundaries.”
Ind. Code § 36-9-23-29(d): 1 case
City of Jeffersonville v. Hallmark at Jeffersonville, L.P., 937 N.E.2d 402 (Ind. Ct. App. 2010). “See Ind.Code § 36-9-23-29(d) (providing that "[the municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected .”
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