Senate Bill 535 – Extraterritorial Powers of Cities and Towns
Authored by Sen. Phil Boots (R-Crawfordsville)
This bill would repeal the general authority of a municipality to exercise various powers outside of its corporate boundaries. Also eliminates the ability of a municipal advisory plan commission to exercise planning and zoning jurisdiction, including approval or denial of applications for improvement permits and other permits for property located in the unincorporated area on July 1, 2019. Full details.
Chamber Position: Support
The Latest: The Senate Committee on Local Government heard the bill on Thursday and took testimony from a diverse group. A vote on the bill is being held until the next committee hearing, which is scheduled for February 7.
Chamber Action/Commentary: The Indiana Chamber voiced support for this bill in public testimony. Local entities should not be authorized to impose restrictions or obligations on property owners and citizens outside their jurisdictional bounds. This essentially gives elected officials the ability to govern those who have no say in their election. Businesses should not be subject to requirements established by a governmental entity within whose jurisdiction they are not situated. (We would never let Illinois impose zoning restrictions outside of its jurisdictional limits into Indiana!) The current myriad of overlapping authority generates jurisdictional confusion and regulatory conflicts.