Elkhart County, IN Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Banned conduct
- Dumping trash on public property/waterways
- Vehicle load rule
- Loose loads must be covered/tarped
- First-offense fine
- Up to $250
- Repeat-offense fine
- Up to $500
- Continuing violation
- Each day counts separately
- Enforcing agency
- County Sheriff's Department
Summary
Dumping trash, garbage or waste on public property, streets, waterways or parks in unincorporated Elkhart County is banned under § 97.01, with a separate rule requiring loads that could spill be covered and secured. Fines run $250 to $500.
§ 97.01 ANTI-LITTERING. No person shall dispose, release or permit the escape of trash, rubbish, garbage or waste materials from his or her person or property to or upon any public property, highway, street, right-of-way, body of water or park in the county except to authorized public or private receptacles, or in accordance with regulations and requirements set forth by the county.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-23: Supplement contains: Current through local legislation passed on or before July 31, 2025; and State Legislation current through 2025 Indiana Legislative Service, Pamphlet #3).
Full Breakdown
01 bans disposing, releasing or permitting the escape of trash, rubbish, garbage or waste materials from a person or property onto public property, highways, streets, rights-of-way, bodies of water or parks in the county, except into authorized receptacles or under county-set disposal requirements. 02 addresses the vehicle side of illegal dumping: no one may drive, move or operate a vehicle in the county unless it is loaded so nothing can drop, shift, leak, blow or otherwise escape; vehicles hauling garbage, recyclables, trash, rubbish, waste or derelict property must be fully covered with a close-fitting tarpaulin or other cover.
Anyone controlling a vehicle from which material falls, blows, leaks or shifts can be cited and fined, and the code specifically states it is no defense that the person did not intend or was unaware of the spill. C. 34-28-5. Chapter 97 was adopted by Ordinance CO-2019-21 and amended by Ordinance CO-2019-23, both in June 2019. Because this chapter governs the unincorporated county only, dumping within Goshen, Elkhart or another incorporated municipality falls under that city's own litter or nuisance ordinance instead.
Violations & Fines
First violation of § 97.01 or § 97.02: civil fine up to $250. Each subsequent violation: civil fine up to $500. Each day a violation continues counts as a separate offense under § 97.03, and citations are issued by the County Sheriff's Department or other police agency.
Frequently Asked Questions
Is dumping trash on a roadside illegal in Elkhart County?
Do I have to cover a truck bed full of trash or recyclables?
What's the fine for illegal dumping in Elkhart County?
Is it a defense that I didn't know trash fell from my vehicle?
Sources & Official References
Other rules in Elkhart County
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