Indiana 2024 Regular Session

Indiana House Bill HB1108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1108.1
	2	+	February 20, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1108
	5	+	_____
	6	+	DIGEST OF HB 1108 (Updated February 19, 2024 11:48 am - DI 140)
	7	+	Citations Affected: IC 36-7.
	8	+	Synopsis: Development restrictions on slopes. Prohibits a unit from
	9	+	preventing development exclusively on the basis of slope, if the
	10	+	predevelopment slope of the site is less than 25%, unless the site is
	11	+	within a watershed area of a reservoir that is a source of a
	12	+	municipality's drinking water.
	13	+	Effective: July 1, 2024.
	14	+	Hall, May, Heaton, Lindauer
	15	+	(SENATE SPONSORS — KOCH, DORIOT )
	16	+	January 8, 2024, read first time and referred to Committee on Natural Resources.
	17	+	January 18, 2024, amended, reported — Do Pass.
	18	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	19	+	January 23, 2024, read third time, passed. Yeas 69, nays 27.
	20	+	SENATE ACTION
	21	+	February 5, 2024, read first time and referred to Committee on Natural Resources.
	22	+	February 19, 2024, reported favorably — Do Pass.
	23	+	EH 1108—LS 6367/DI 87 February 20, 2024
1	24		Second Regular Session of the 123rd General Assembly (2024)
2	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	27		additions will appear in this style type, and deletions will appear in this style type.
5	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	29		provision adopted), the text of the new provision will appear in this style type. Also, the
7	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	31		a new provision to the Indiana Code or the Indiana Constitution.
9	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	33		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1108
12		-	AN ACT to amend the Indiana Code concerning local government.
	34	+	ENGROSSED
	35	+	HOUSE BILL No. 1108
	36	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	37	+	government.
13	38		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 36-7-2-14 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2024]: Sec. 14. (a) This section does not apply to development on
17		-	a site that is located within an area that:
18		-	(1) the department of natural resources has determined to be
19		-	the watershed area of a reservoir; and
20		-	(2) is a source of drinking water for a municipality.
21		-	(b) As used in this section, "development" means an
22		-	improvement of any kind on land, including:
23		-	(1) residential dwellings;
24		-	(2) commercial buildings;
25		-	(3) accessory structures;
26		-	(4) driveways; and
27		-	(5) utilities.
28		-	(c) A unit may not adopt or enforce an ordinance or resolution
	39	+	1 SECTION 1. IC 36-7-2-14 IS ADDED TO THE INDIANA CODE
	40	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	41	+	3 1, 2024]: Sec. 14. (a) This section does not apply to development on
	42	+	4 a site that is located within an area that:
	43	+	5 (1) the department of natural resources has determined to be
	44	+	6 the watershed area of a reservoir; and
	45	+	7 (2) is a source of drinking water for a municipality.
	46	+	8 (b) As used in this section, "development" means an
	47	+	9 improvement of any kind on land, including:
	48	+	10 (1) residential dwellings;
	49	+	11 (2) commercial buildings;
	50	+	12 (3) accessory structures;
	51	+	13 (4) driveways; and
	52	+	14 (5) utilities.
	53	+	15 (c) A unit may not adopt or enforce an ordinance or resolution
	54	+	16 that prohibits or has the effect of prohibiting development
	55	+	17 exclusively on the basis of slope, if the predevelopment slope of the
	56	+	EH 1108—LS 6367/DI 87 2
	57	+	1 site is less than twenty-five percent (25%).
	58	+	2 SECTION 2. IC 36-7-4-201.4 IS ADDED TO THE INDIANA
	59	+	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
	60	+	4 [EFFECTIVE JULY 1, 2024]: Sec. 201.4. (a) This section does not
	61	+	5 apply to development on a site that is located within an area that:
	62	+	6 (1) the department of natural resources has determined to be
	63	+	7 the watershed area of a reservoir; and
	64	+	8 (2) is a source of drinking water for a municipality.
	65	+	9 (b) As used in this section, "development" means an
	66	+	10 improvement of any kind on land, including:
	67	+	11 (1) residential dwellings;
	68	+	12 (2) commercial buildings;
	69	+	13 (3) accessory structures;
	70	+	14 (4) driveways; and
	71	+	15 (5) utilities.
	72	+	16 (c) A unit may not adopt or enforce an ordinance or resolution
	73	+	17 that prohibits or has the effect of prohibiting development
	74	+	18 exclusively on the basis of slope, if the predevelopment slope of the
	75	+	19 site is less than twenty-five percent (25%).
	76	+	EH 1108—LS 6367/DI 87 3
	77	+	COMMITTEE REPORT
	78	+	Mr. Speaker: Your Committee on Natural Resources, to which was
	79	+	referred House Bill 1108, has had the same under consideration and
	80	+	begs leave to report the same back to the House with the
	81	+	recommendation that said bill be amended as follows:
	82	+	Page 1, delete lines 15 through 17, begin a new paragraph and
	83	+	insert:
	84	+	"(c) A unit may not adopt or enforce an ordinance or resolution
29	85		that prohibits or has the effect of prohibiting development
30	86		exclusively on the basis of slope, if the predevelopment slope of the
31		-	site is less than twenty-five percent (25%).
32		-	SECTION 2. IC 36-7-4-201.4 IS ADDED TO THE INDIANA
33		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
34		-	[EFFECTIVE JULY 1, 2024]: Sec. 201.4. (a) This section does not
35		-	apply to development on a site that is located within an area that:
36		-	HEA 1108 2
37		-	(1) the department of natural resources has determined to be
38		-	the watershed area of a reservoir; and
39		-	(2) is a source of drinking water for a municipality.
40		-	(b) As used in this section, "development" means an
41		-	improvement of any kind on land, including:
42		-	(1) residential dwellings;
43		-	(2) commercial buildings;
44		-	(3) accessory structures;
45		-	(4) driveways; and
46		-	(5) utilities.
47		-	(c) A unit may not adopt or enforce an ordinance or resolution
	87	+	site is less than twenty-five percent (25%).".
	88	+	Page 2, delete lines 15 through 17, begin a new paragraph and
	89	+	insert:
	90	+	"(c) A unit may not adopt or enforce an ordinance or resolution
48	91		that prohibits or has the effect of prohibiting development
49	92		exclusively on the basis of slope, if the predevelopment slope of the
50		-	site is less than twenty-five percent (25%).
51		-	HEA 1108 Speaker of the House of Representatives
52		-	President of the Senate
53		-	President Pro Tempore
54		-	Governor of the State of Indiana
55		-	Date: Time:
56		-	HEA 1108
	93	+	site is less than twenty-five percent (25%).".
	94	+	and when so amended that said bill do pass.
	95	+	(Reference is to HB 1108 as introduced.)
	96	+	LINDAUER
	97	+	Committee Vote: yeas 7, nays 2.
	98	+	_____
	99	+	COMMITTEE REPORT
	100	+	Madam President: The Senate Committee on Natural Resources, to
	101	+	which was referred House Bill No. 1108, has had the same under
	102	+	consideration and begs leave to report the same back to the Senate with
	103	+	the recommendation that said bill DO PASS.
	104	+	(Reference is to HB 1108 as printed January 18, 2024.)
	105	+
	106	+	GLICK, Chairperson
	107	+	Committee Vote: Yeas 6, Nays 2
	108	+	EH 1108—LS 6367/DI 87