Area Plan Commission tightens enforcement reach in Unified Zoning Ordinance amendment after debate

The Vigo County Area Plan Commission voted to amend Section 6 of the Unified Zoning Ordinance (General Ordinance No. 1, 2025) to remove language that limited the director or a designee from entering private property without the owner’s consent when investigating zoning complaints. Commissioners debated privacy, process and safeguards before adoption.

Staff explained the current language prevents field staff from leaving the public right‑of‑way to investigate complaints that cannot be observed from the road or public access. The proposed amendment does not eliminate the need for a warrant where required; staff said the amendment “does not change the need for a warrant to infrastructures not open to the public and does not grant special deputy status or convey any rights outside of those already outlined in the UCO.”

During discussion, commissioners, legal counsel and code enforcement staff described safeguards staff would follow: investigations are complaint‑driven (not proactive sweeps); staff will wear marked Vigo County identification and operate marked county vehicles with amber/white visibility lights; staff will not enter closed structures without a warrant or sheriff’s assistance; and code enforcement involvement is a separate statutory process. Legal counsel raised no objection in the recorded discussion.

Some commissioners and members of the public expressed concern the change could be misused when complaints originate from neighbor disputes. Staff said most complaints are neighbor‑generated but emphasized the office’s goal is to investigate complaints reasonably and seek voluntary resolution before enforcement actions that require certified mailings, citations and potential court steps.

The motion to approve passed by majority; the record shows two commissioners opposed. The amendment takes effect under the county’s ordinance adoption procedures. Staff will continue to coordinate with the sheriff’s office and building inspection when law‑enforcement or safety issues arise.

Clarifying details: the amendment references Indiana Code 36‑7‑4‑401 in the staff presentation as authority for adopting rules governing public meetings and enforcement procedures; staff repeatedly emphasized that closed‑structure entry still requires a warrant or sheriff assistance.