Pop. 50,363 · St. Joseph County
We currently have 1 ordinance verified for Mishawaka, IN. Our research team is actively working to add more categories including noise rules, parking restrictions, fence regulations, building permits, and other local ordinances that affect daily life.
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Mishawaka regulates parking under Chapter 58 (Traffic and Vehicles) of the Code of Ordinances, with Article IX (Parking Schedules) and Section 58-574 covering specific time-limited and prohibited-area zones. The Zoning Ordinance (Chapter 137) Section 137-784 governs parking or storage of certain vehicles in residential areas — including driveway and front-yard rules.
Indiana Code Title 9, Article 22, Chapter 1 establishes a uniform statewide framework for identifying, towing, storing, and disposing of abandoned vehicles, applicable on public and private property across all municipalities.
Indiana Code 35-46-3 establishes statewide criminal penalties for animal cruelty, neglect, and abandonment, including hoarding situations. State law applies universally and supplements local animal control ordinances throughout Indiana.
Indiana law does not prohibit municipalities from enacting breed-specific dog ordinances, but Indiana Code 15-20-1-4 requires uniform standards for dangerous dog determinations. Local breed bans remain legally permitted under home rule authority.
Indiana's Right to Farm Act protects established agricultural operations from nuisance lawsuits and limits local restrictions on farms operating in agricultural zones. Counties retain zoning authority, but bona fide farms enjoy strong statutory protection statewide.
Indiana Code 14-22-26 and 312 IAC 9-11 regulate possession of wild and exotic animals, requiring permits from the Indiana Department of Natural Resources for Class I, II, and III species. State permitting preempts most local exotic animal authority.
Indiana DNR regulations under 312 IAC 9-3 prohibit feeding wild deer in certain contexts and restrict baiting during hunting seasons. Statewide rules apply uniformly and supersede local discretion on regulated wildlife.
Indiana Code 32-26-9 governs partition fences between adjoining rural property owners, requiring shared cost and maintenance. The law applies statewide to fences where at least one parcel is agricultural land outside city limits.
Indiana enforces uniform pool barrier rules through the Indiana Residential Code R326 and 675 IAC 20 for public pools. Barriers, gates, and self-latching hardware are required statewide; local rules may supplement but not weaken these.
Indiana Code 22-11-14 preempts local fireworks regulation, allowing consumer fireworks statewide. Cities may only restrict use during certain hours and on private property. Use is permitted between 9am and 11pm daily, extending to midnight on holidays.
Indiana's open burning regulation 326 IAC 4-1 applies statewide and prohibits most outdoor burning except limited exemptions for recreational fires, agricultural burning, and clean wood waste. Local governments may impose stricter rules but cannot allow what state law prohibits.
Indiana adopts NFPA 58 Liquefied Petroleum Gas Code statewide through 675 IAC 22 under the State Fire Marshal. These rules govern propane container placement, sizing, and installation, applying uniformly across all jurisdictions with limited local variance.
Indiana's Home-Based Vendor law under IC 16-42-5.3 allows uniform statewide sale of approved non-potentially hazardous foods from home kitchens with required labeling, preempting local health-permit requirements for qualifying products.
Indiana law under IC 12-17.2-5 establishes statewide licensing for family child care homes serving more than five unrelated children, with FSSA Bureau of Child Care administering uniform health, safety, staffing, and capacity rules.
Indiana law permits property owners to collect rainwater from rooftops without a state permit, treating captured rainwater as private property. The state has no surface water rights restrictions on residential rainwater harvesting, though local building codes may regulate cistern installation.
Indiana law designates specific noxious weeds that landowners must control regardless of local ordinances. The state mandates Canada thistle, Johnson grass, and other listed species be eradicated, with county weed boards authorized to enforce statewide requirements on private property.
IC 36-1-24-10 authorizes Indiana municipalities to require short-term rental operators carry liability insurance with minimum coverage. State law sets the framework while local governments determine specific coverage amounts, typically ranging from $500,000 to $1 million per occurrence.
Under IC 36-1-24, Indiana cities may set reasonable occupancy limits for short-term rentals based on bedrooms and square footage. State law authorizes local caps but prohibits outright bans, ensuring uniform statewide framework with local flexibility on guest counts.
Indiana Code 36-1-24 prohibits local units from banning short-term rentals statewide. Cities and counties may impose reasonable regulations on permits, occupancy, noise, and safety, but cannot outright prohibit STRs in residential zones where dwellings are otherwise allowed.
Indiana imposes 7% state sales tax plus county innkeeper's tax on rentals under 30 days. Marketplace facilitators like Airbnb and Vrbo must collect and remit these taxes statewide under IC 6-2.5-2-1 and IC 6-9.
Indiana adopts the International Swimming Pool and Spa Code through 675 IAC, establishing minimum barrier requirements statewide. Local jurisdictions may exceed but cannot reduce state safety standards for residential pools.
Indiana Code 16-19-3 and 410 IAC 6-2.1 govern public swimming pools and spas, requiring permits, inspections, and operator certification statewide. Indiana Department of Health enforces uniform standards across all public facilities.
Indiana prohibits marijuana dispensaries entirely under IC 35-48-4. Because no licensed retail framework exists, cities cannot zone for or permit dispensaries. The statewide prohibition preempts any local authorization scheme.
Indiana prohibits all marijuana cultivation, possession, and use under IC 35-48-4. No medical or recreational program exists, and home cultivation is a felony statewide. Local governments cannot authorize marijuana growing.
Commercial drone operations in Indiana are governed by FAA Part 107 with state-law overlays under IC 35-33-5-9, IC 35-46-8.5, and IC 35-45-4-5. Local governments cannot regulate flight, only ground-based logistics.
Indiana regulates recreational drones through IC 35-46-8.5 (remote aerial harassment, voyeurism) and IC 35-33-5-9 (warrant requirements). Federal FAA Part 107 and recreational rules apply, while state law adds privacy and trespass protections.
Indiana law preempts cities and counties from setting a local minimum wage above the state and federal floor of $7.25, with limited exceptions for public contracts.
Indiana preempts cities and counties from requiring private employers to provide paid sick leave, vacation, or other benefits exceeding state and federal law.
Indiana preempts local predictive or fair scheduling ordinances, barring cities from requiring private employers to provide advance schedule notice or premium pay.
Indiana's 327 IAC 15-5 (Rule 5), authorized under IC 13-18-3, requires statewide erosion and sediment control plans for construction disturbing one or more acres. Local programs must enforce this minimum statewide standard.
Indiana Code 14-28-1 requires DNR Division of Water permits for any construction, fill, or excavation in a regulated floodway. The state authority preempts local approvals for floodway encroachments.
Indiana's IDEM administers statewide NPDES stormwater permitting under IC 13-18-3 and 327 IAC 15, requiring MS4 communities, industrial sites, and dischargers to obtain coverage. Local programs must implement state minimum measures.
Indiana allows permitless concealed carry by adults at least 18 who are not prohibited persons, and continues to issue optional handgun licenses for reciprocity and convenience.
Indiana law preempts local firearm regulation, barring cities and counties from passing or enforcing ordinances on firearms, ammunition, or accessories beyond state law.
Indiana permits open carry of handguns by lawful adults without a permit, subject to location-based restrictions and the state's preemption of local firearm regulation.
Indiana allows lawful adults at least 18 to carry a handgun in a vehicle without a permit, consistent with the state's permitless carry framework and firearms preemption.
Unpaid assessments become a homeowners association lien under Ind. Code § 32-28-14 once a notice of lien is recorded with the county recorder. The association may foreclose by court complaint, but not before 90 days and not later than 5 years after recording. The Act sets no late-fee or interest rate.
Indiana's HOA Act mandates transparency. Under Ind. Code § 32-25.5-3-3, the annual budget must be approved by a majority of members at a meeting, members may attend board meetings, and financial records are open to inspection. Ind. Code § 32-25.5-3-4 requires two meetings before a contract raising an assessment over $500/member. Corporate governance follows the Indiana Nonprofit Corporation Act (Ind. Code § 23-17).
Covenant and architectural enforcement in Indiana flows from the recorded declaration, not the HOA Act. The Act (Ind. Code § 32-25.5) does not script architectural review, violation notices, or cure periods. It does guarantee members access to the association's governing documents and financial records on written request under Ind. Code § 32-25.5-3-3.
Indiana has no statute granting HOAs fining power or capping fine amounts. Authority to fine must come from the recorded declaration, bylaws, or rules; if the governing documents do not authorize the violation or the amount, the fine is not permitted. The Homeowners Associations Act (Ind. Code § 32-25.5) sets no fine schedule, cap, or mandatory hearing timeline.
Indiana overrides several HOA restrictions. Ind. Code § 32-25.5-3.5 stops an HOA from blocking a solar energy system once an owner gathers consent from the lesser of 65% of owners or the declaration's amendment threshold. Indiana also protects U.S. flag display and, under Ind. Code § 32-21-13, election-period political signs. There is no Indiana clothesline or EV-charging statute.
Indiana requires state agencies, political subdivisions, and their contractors to enroll in and use the federal E-Verify program to confirm employee work eligibility.
Indiana law prohibits state and local governments from adopting sanctuary policies that limit cooperation with federal immigration enforcement, preempting any contrary local rules.
For nonpayment of rent, IC 32-31-1-6 lets a landlord terminate the lease with 'not less than ten (10) days notice,' and no eviction follows if the tenant pays in full before the period expires. Other terminations use separate notice, and IC 32-31-1-8 requires none in several situations. Only a court orders an actual eviction.
IC 32-31-8-5 requires an Indiana landlord to deliver the rental 'in a safe, clean, and habitable condition,' comply with health and housing codes, keep common areas proper, and maintain electrical, plumbing (hot and cold running water), sanitary, and HVAC systems in good working order, with heat supplied 'at all times.'
Indiana follows state landlord-tenant law under IC 32-31, which permits eviction on lease expiration or breach without requiring just cause. The state framework preempts attempts by cities to impose just-cause eviction requirements on private residential tenancies.
Under IC 32-31-5-6, an Indiana landlord must give the tenant 'reasonable written or oral notice' before entering and may enter only at reasonable times, and may not abuse entry to harass the tenant. No notice is required in an emergency, under a court order, or after the tenant abandons the unit.
Indiana's landlord-tenant statutes contain no late-fee cap, no required grace period, and no dedicated late-fee provision for residential rent. A late fee is enforceable only if the written lease provides for it. Indiana courts will not enforce a fee that operates as a punitive penalty rather than a reasonable estimate of the landlord's actual damages.
For a month-to-month or other tenancy at will, IC 32-31-1-1 requires a 'one (1) month notice in writing, delivered to the tenant' to terminate. A year-to-year tenancy needs at least three months' notice (IC 32-31-1-3). A fixed-term lease ends on its stated date with no notice required.
Indiana prohibits local rent control. Indiana Code 32-31-1-20 bars any unit of local government from regulating rental rates for privately owned real property unless authorized by an act of the General Assembly. Any ordinance that violates this section is void and unenforceable. There is no statewide rent cap, and no Indiana city has rent control.
Indiana has no rent control and no statute setting a dedicated advance-notice period or cap for a rent increase. On a fixed-term lease the rent is fixed by the lease; on a month-to-month tenancy a landlord raises rent by terminating the tenancy with the one-month notice required under IC 32-31-1-1 and offering new terms.
Indiana Code 36-1-20 restricts the scope of local rental inspection and registration programs. Cities may operate registration programs but cannot impose unreasonable fees or inspect units more than once every five years absent specific cause or tenant complaint.
Indiana sets no statutory limit on the security deposit amount. Under Indiana Code 32-31-3, a landlord must return the deposit, minus itemized lawful deductions, within 45 days after the rental agreement ends and possession is delivered. A landlord who fails to provide the required itemized notice forfeits the right to keep any of the deposit.
Indiana requires 10 years of possession to claim title by adverse possession (IC 34-11-2-11), and IC 32-21-7-1 adds that the possessor must have paid 'all taxes and special assessments' reasonably believed due during that period. A squatter who fails either requirement gains no title and is a trespasser removable through the courts.
Indiana allows counties to adopt agricultural zoning under IC 36-7-4 but limits restrictions on bona fide farming activities, especially in unincorporated areas.
Indiana's Right to Farm Act protects established agricultural operations from nuisance lawsuits brought by neighbors when surrounding land use changes from rural to non-agricultural.
Indiana preempts local governments from regulating, banning, or taxing auxiliary containers including plastic bags, prohibiting city or county ordinances on single-use bags.
Indiana law preempts local bans or fees on polystyrene foam cups, containers, and similar auxiliary items, leaving sales and use uniform across cities and counties.
Indiana preempts local restrictions on plastic straws under its auxiliary container law, allowing restaurants and retailers to provide single-use straws without municipal limits.
Indiana Code 32-21-13 provides limited statewide protection allowing solar installations on residential property, but homeowners associations retain significant authority to regulate placement and aesthetics. Indiana lacks the strong solar rights laws found in some states.
Indiana Code 8-1-40 governs distributed generation interconnection statewide. While solar permitting remains primarily local, IC 36-7-2-8 limits municipal authority to unreasonably restrict solar energy systems on residential property.
Indiana sets the minimum legal age at 21 for purchasing tobacco, vapor, and alternative nicotine products, with penalties for both retailers and underage buyers.
Indiana does not impose a statewide ban on flavored tobacco or vape products, leaving sales of menthol and flavored e-liquid permitted under federal labeling and Indiana licensing laws.
Indiana requires retailers to hold an Electronic Cigarette Retailer Certificate to sell vapor products, complying with age verification, packaging, and Tobacco 21 sales rules.