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Boone County, IN Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited act
depositing litter on another's property
First offense fine
$50
Second offense fine
$100
Third+ offense fine
$250, within 12 months
Enforcement
Health Department, Area Plan Commission
Ordinance
2004-16, passed Nov. 8, 2004

Summary

Unincorporated Boone County makes it unlawful to cast, place or deposit litter on someone else's property without the owner's or lessee's consent, under County Code § 90.04(A). The Health Department and Area Plan Commission enforce the litter chapter, and a violator faces escalating fines: $50 for a first offense, $100 for a second, and $250 for a third or later offense within 12 months.

These county ordinances apply to unincorporated areas of Boone County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person to cast, place or deposit any litter upon real property owned by another, without the consent of the owner or lessee of the real property. ... Any person found to violate § 90.04(A) of this chapter in any manner shall be subject to a fine in the following amounts: ... Fifty dollars for first violation; ... One hundred dollars for second violation; and ... Two hundred fifty dollars for third or greater violation within a 12-month time period.

Full Breakdown

Section 90.04(A) of the Litter Control chapter, adopted by Ordinance 2004-16 on November 8, 2004, states it is unlawful for any person to deposit litter upon property owned by another without the owner's or lessee's consent, and it is a sufficient allegation of a violation simply to state that the accused deposited litter on property they did not own or lease; showing the owner's or lessee's permission is an affirmative defense the accused must raise. LITTER is defined broadly in § 90.02 to include uncontainerized garbage, trash, refuse, debris, grass clippings, construction material, vehicle parts, furniture, oil and even a dead animal carcass, so the section reaches far more than household trash dumped on a neighbor's land.

Enforcement runs through the Boone County Health Department and the Area Plan Commission under § 90.03, and a cited person must appear before the county's Violations Clerk within seven days to admit or deny the charge; a denial goes to a Hearing Board that decides by a preponderance of the evidence at its next regular meeting. Fines collected flow into the county's continuing Litter Ordinance Enforcement Fund under § 90.05, which the County Auditor administers and which cannot lapse into the general fund, so the money stays earmarked for litter enforcement and cleanup.

Violations & Fines

A first violation of § 90.04(A) draws a $50 fine, a second draws $100, and a third or later violation within a 12-month period draws $250, under § 90.99(A)(1). The citing officer issues a citation giving the recipient seven days to admit the violation and pay, or deny it and request a Hearing Board hearing at the Board's next regular meeting.

Frequently Asked Questions

What counts as illegal dumping under Boone County's code?
Casting, placing or depositing any litter, defined broadly to include garbage, debris, grass clippings, construction material and even a dead animal, on property you don't own or lease without the owner's or lessee's consent, under § 90.04(A).
How much is the fine for dumping on someone else's land?
Fifty dollars for a first violation, $100 for a second, and $250 for a third or later violation within 12 months, per § 90.99(A)(1). Payment is due within seven days if you admit the citation.
Can I fight a littering citation?
Yes. Deny the citation before the Violations Clerk within seven days and the case goes to a Hearing Board, which decides by a preponderance of the evidence at its next regular meeting and can still order the fine if it finds a violation.

Sources & Official References

Other rules in Boone County

All Boone County rules

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