Sec. 50. (a) Except as provided in subsection (b), a political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the storage or use of fertilizer material.

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Terms Used In Indiana Code 15-16-2-50

  • fertilizer material: means any substance containing nitrogen, phosphate, potash, or any recognized plant nutrient that:

    Indiana Code 15-16-2-11

  • storage: means the storage of bulk fertilizer by a person who:

    Indiana Code 15-16-2-21

  • use: means the placement or usage of fertilizer materials on a targeted growing area. See Indiana Code 15-16-2-23
     (b) A political subdivision may, by resolution, petition the state chemist for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the storage or use of fertilizer material. If a petition is received, the state chemist shall hold a public hearing to consider allowing the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]

As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32.

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