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.
(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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