Indiana Dept of Health, 2023 Legislative Update – County Septic Ordinance Voided on July 1

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Dec 6, 2024. County health board to consider adopting state septic ordinance, By Staff Reports -December 6, 2024

Post at Brown County Matters.

Sept 4, 2024. The commissioners voided the ordinance at their meeting on Sept 4, 2024.

Background:  In May 2021, the commissioners approved on a vote of 2-1, a new Septic Ordinance that included requirements that exceeded state standards.  This ordinance is now void as of July 1, 2023.  New Septic Ordinance — Challenges and Opportunities

This post at Brown County Matters.

Indiana Dept of Health – 2023 Legislative Update – Septic Ordinance

HEA 1402 – Ordinances and Technical Review Panel

    • Only the sections of a local ordinance that are stricter than the rule are voided.
      IC 16-41-25-7 …  (e) If an ordinance described in subsection (a) was adopted before July 1, 2023, the ordinance becomes void and unenforceable on July 1, 2023.
    • A conflict has been confirmed in sections 6 and 8. A county, city or town may adopt an ordinance stricter than the rule, but only if it is submitted to and approved by the Technical Review Panel.
    • IC 16-19-3-27.8.  (b) After adopting an ordinance described in subsection (a), the county, city, or town must submit the ordinance to the technical review panel established under section 27.5(b) of this chapter, along with a…
    • IC 16-41-25-7 (a) After June 30, 2023, a county, city, or town ordinance may not adopt requirements, restrictions, or conditions concerning the… An ordinance that imposes requirements, restrictions, or conditions that are more stringent than the requirements,restrictions, and conditions of the state department’s rule concerning residential onsite sewage systems is subject to invalidation under IC 16-19-3-27.8(e).

March 29, 2023.  ” Property owners could ‘supersede’ Indiana health officials over septic systems, under House bill.” by Casey Smith, Indiana Capital Chronicle

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