Mission Impossible? Searching Legal Code

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  • dprimm

    Master
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    Jan 13, 2013
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    Just West of Indianapolis
    As often is said here, Know the law! I tell people: Know the code. While INGO provides great info on guns, etc, as I get ready to start new adventures, i need to know various codes. Mainly to be prepared for discussions with government officials. What I am struggling with is "How the heck do I find the (correct) code?"

    For example: Hendricks county has a very vague Building Ordinance adopted in 1987 posted on their website. I am wanting to see specifications of this code. Additionally, I want to know where the State of Indiana gave Hendricks county the authority to regulate such items.

    There are many other things that I want/need to research. The Building Ordinance is a simple example. Teach me to fish and I will keep eating. How do you find the code that applies? How do you find where that code came from?

    Always fun to quote regulations back to someone and listen to crickets (I did that with a group of Federal Inspectors, and multiple levels of bosses on a phone call. Lovely). But gotta know the specs to do such a thing. help!
     

    mom45

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    Nov 10, 2013
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    The building codes for the state involves a LOT of reading and research. Is there a specific area that is involved? What issue is involved? Set backs? Type of building or business in a location that is not zone for it? Use that is not allowed? More info might help. I did a lot of reading several years ago as we were involved in a dispute with our county...and we won.
     

    Timjoebillybob

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    Feb 27, 2009
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    As often is said here, Know the law! I tell people: Know the code. While INGO provides great info on guns, etc, as I get ready to start new adventures, i need to know various codes. Mainly to be prepared for discussions with government officials. What I am struggling with is "How the heck do I find the (correct) code?"

    For example: Hendricks county has a very vague Building Ordinance adopted in 1987 posted on their website. I am wanting to see specifications of this code. Additionally, I want to know where the State of Indiana gave Hendricks county the authority to regulate such items.

    There are many other things that I want/need to research. The Building Ordinance is a simple example. Teach me to fish and I will keep eating. How do you find the code that applies? How do you find where that code came from?

    Always fun to quote regulations back to someone and listen to crickets (I did that with a group of Federal Inspectors, and multiple levels of bosses on a phone call. Lovely). But gotta know the specs to do such a thing. help!
    You may have to go down to the County building to find the county ordinances unfortunately. As for where they get their authority to do so, I'm guessing that it would fall under one of these statutes.
    IC 36-7-2-2Planning and regulation of real property; access to solar energy

    Sec. 2. A unit may plan for and regulate the use, improvement, and maintenance of real property and the location, condition, and maintenance of structures and other improvements. A unit may also regulate the platting and subdividing of real property and number the structures abutting public ways. In planning for and regulating the use of land or in regulating the platting or subdividing of real property, a unit may also regulate access to incident solar energy for all categories of land use.

    IC 36-7-2-4Regulation of alteration and construction of structures and improvements; bonds

    Sec. 4. A unit may regulate methods of, and use of materials in repair, alteration, and construction of structures and other improvements. The unit also may require the execution of a bond by any person repairing, altering, or constructing structures or other improvements.

    For the state building code, you can view it here.
     

    dprimm

    Master
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    Jan 13, 2013
    1,741
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    Just West of Indianapolis
    The building codes for the state involves a LOT of reading and research. Is there a specific area that is involved? What issue is involved? Set backs? Type of building or business in a location that is not zone for it? Use that is not allowed? More info might help. I did a lot of reading several years ago as we were involved in a dispute with our county...and we won.

    I need to put a barn up but will be using either a structure I build from other buildings or a carport that gets enclosed. I don’t see how the county can regulate this when it is going to be well back from the road and property lines.

    I also need to install a greenhouse. This will be near the middle of my land.

    Nothing online about even whom to contact about this. Nothing about setbacks etc is listed. Just says must be inspected over and over. I also hear Hendricks does not care what you do in your own place.

    These are examples. I also hear about the county wanting to regulate the number of animals I raise on my property. This is supposed to be department of health. 1000 chickens only without a permit. Pays your $$$ and keep going. Wanting to know how this gets allowed.

    I am tired of being told what I can and can’t do. As I plan things out I can ensure I am planning appropriately.

    I hope this helps.

    Thanks INGO.
     

    mom45

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    Nov 10, 2013
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    NW of Sunshine
    Are you in the city limits or within two miles of the city limits? If so, you would be under the city building codes rather than the county.

    If you are under the county rules, here is a link to the zoning regulations. Pages 35 and 36 have charts that outline the required setbacks for structures.


    The county can regulate anything you build on your land. They have a duty to make sure that buildings are safe and properly built.

    Here is a link to the phone numbers for the various departments in Hendrick's County government. Call the Planning & Building number. They should be able to answer your questions and assist with your project.

     

    dprimm

    Master
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    Jan 13, 2013
    1,741
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    Just West of Indianapolis
    Are you in the city limits or within two miles of the city limits? If so, you would be under the city building codes rather than the county.

    If you are under the county rules, here is a link to the zoning regulations. Pages 35 and 36 have charts that outline the required setbacks for structures.


    The county can regulate anything you build on your land. They have a duty to make sure that buildings are safe and properly built.

    Here is a link to the phone numbers for the various departments in Hendrick's County government. Call the Planning & Building number. They should be able to answer your questions and assist with your project.

    Thank you. We are within 2 miles of the Danville. What gives the County the authority to regulate my land?

    I will look deeper at the document.

    I am wondering how the government defines low intensity agriculture. I can raise hundreds of rabbits in a 2 car garage. Or easily do over 1000 quail on less than 1 acre. No manure issues from either.

    Since Dearborne county is trying to pass regs that allow only 1 animal per acre. Including chickens. I am curious where the authority is legally granted from.

    Thanks again
     

    mom45

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    Nov 10, 2013
    47,141
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    NW of Sunshine
    Thank you. We are within 2 miles of the Danville. What gives the County the authority to regulate my land?

    I will look deeper at the document.

    I am wondering how the government defines low intensity agriculture. I can raise hundreds of rabbits in a 2 car garage. Or easily do over 1000 quail on less than 1 acre. No manure issues from either.

    Since Dearborne county is trying to pass regs that allow only 1 animal per acre. Including chickens. I am curious where the authority is legally granted from.

    Thanks again
    As long as the county has a planning department, they are given the right by the state to regulate what happens in the county. Before our county was doing inspections, many homes here were not being built that were just unsafe. Many do not have proper plumbing, have unsafe electrical and many other problems including improper foundations. If people don't know how to build a safe home, should they just be allowed to do anything? It not only puts them and their family at risk, but it puts anyone who buys the home at risk...not only from the safety standpoint but also from the investment angle. How many stories have you heard about people who bought what they thought was a good home, young couples in particular who cannot afford much and maybe didn't think they needed to pay for that expensive inspection?

    We had one just across from our property that bought a brand new home. Within a few weeks, they were discovering all sorts of problems related to the faulty construction. Electrical circuits that were blowing only to find the contractor did not use proper wiring or circuits. Doors that wouldn't close because the foundation was shifting and the openings were no longer square. There was a fireplace but the chimney had no liner. The floors were so unlevel that her washing machine would walk across the floor with every load to the point that it unplugged itself from the wall. The furnace was from a mobile home and too small to heat the house. I could go on, but I think you get the idea.

    If you are within two miles of the city limits, you may very well be under the city's zoning rules and would need to obtain your permits from them. There is what is called the "two mile jurisdiction" and most counties have given the city permission to regulate that area since it controls what happens and makes it easier for them to annex additional area and already have their rules in place.
     

    amboy49

    Master
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    5   1   0
    Feb 1, 2013
    2,293
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    central indiana
    I think cities and towns and can regulate just about anything they want to. A few years ago I had to have my house reshingled. I had to get a “building” permit and pay fee - which included an on site ”inspection” (laughingly so described). The “inspector” pulled into my driveway, stopped, got out of the car, looked at my house, and then drove away. No dialogue, walk around, nothing. What a scam.
     
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