*EH1108.1*
February 20, 2024
ENGROSSED
HOUSE BILL No. 1108
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DIGEST OF HB 1108 (Updated February 19, 2024 11:48 am - DI 140)
Citations Affected: IC 36-7.
Synopsis: Development restrictions on slopes. Prohibits a unit from
preventing development exclusively on the basis of slope, if the
predevelopment slope of the site is less than 25%, unless the site is
within a watershed area of a reservoir that is a source of a
municipality's drinking water.
Effective: July 1, 2024.
Hall, May, Heaton, Lindauer
(SENATE SPONSORS — KOCH, DORIOT )
January 8, 2024, read first time and referred to Committee on Natural Resources.
January 18, 2024, amended, reported — Do Pass.
January 22, 2024, read second time, ordered engrossed. Engrossed.
January 23, 2024, read third time, passed. Yeas 69, nays 27.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Natural Resources.
February 19, 2024, reported favorably — Do Pass.
EH 1108—LS 6367/DI 87 February 20, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1108
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-7-2-14 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 14. (a) This section does not apply to development on
4 a site that is located within an area that:
5 (1) the department of natural resources has determined to be
6 the watershed area of a reservoir; and
7 (2) is a source of drinking water for a municipality.
8 (b) As used in this section, "development" means an
9 improvement of any kind on land, including:
10 (1) residential dwellings;
11 (2) commercial buildings;
12 (3) accessory structures;
13 (4) driveways; and
14 (5) utilities.
15 (c) A unit may not adopt or enforce an ordinance or resolution
16 that prohibits or has the effect of prohibiting development
17 exclusively on the basis of slope, if the predevelopment slope of the
EH 1108—LS 6367/DI 87 2
1 site is less than twenty-five percent (25%).
2 SECTION 2. IC 36-7-4-201.4 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 201.4. (a) This section does not
5 apply to development on a site that is located within an area that:
6 (1) the department of natural resources has determined to be
7 the watershed area of a reservoir; and
8 (2) is a source of drinking water for a municipality.
9 (b) As used in this section, "development" means an
10 improvement of any kind on land, including:
11 (1) residential dwellings;
12 (2) commercial buildings;
13 (3) accessory structures;
14 (4) driveways; and
15 (5) utilities.
16 (c) A unit may not adopt or enforce an ordinance or resolution
17 that prohibits or has the effect of prohibiting development
18 exclusively on the basis of slope, if the predevelopment slope of the
19 site is less than twenty-five percent (25%).
EH 1108—LS 6367/DI 87 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Natural Resources, to which was
referred House Bill 1108, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 15 through 17, begin a new paragraph and
insert:
"(c) A unit may not adopt or enforce an ordinance or resolution
that prohibits or has the effect of prohibiting development
exclusively on the basis of slope, if the predevelopment slope of the
site is less than twenty-five percent (25%).".
Page 2, delete lines 15 through 17, begin a new paragraph and
insert:
"(c) A unit may not adopt or enforce an ordinance or resolution
that prohibits or has the effect of prohibiting development
exclusively on the basis of slope, if the predevelopment slope of the
site is less than twenty-five percent (25%).".
and when so amended that said bill do pass.
(Reference is to HB 1108 as introduced.)
LINDAUER
Committee Vote: yeas 7, nays 2.
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COMMITTEE REPORT
Madam President: The Senate Committee on Natural Resources, to
which was referred House Bill No. 1108, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to HB 1108 as printed January 18, 2024.)
GLICK, Chairperson
Committee Vote: Yeas 6, Nays 2
EH 1108—LS 6367/DI 87