*HB1460.1*
January 29, 2025
HOUSE BILL No. 1460
_____
DIGEST OF HB 1460 (Updated January 28, 2025 4:01 pm - DI 101)
Citations Affected: IC 36-7; IC 36-9.
Synopsis: Drainage systems. Requires a unit to use data from the: (1)
unit's 100 year flood map; and (2) the most recent National Oceanic
and Atmospheric Administration Atlas to calculate and regulate storm
water runoff from a developed or undeveloped plat. Requires a plan
commission or plat committee to take action on a plat application,
including meeting with any stakeholders with a financial interest in the
application, not later than 30 days after receiving the application.
Provides that if a plan commission or plat committee fails to make
written findings and a decision granting or denying primary approval
to a plat not later than 60 days after a public hearing, then the plat is
considered to have received primary approval.
Effective: July 1, 2025.
Pressel, Soliday
January 21, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
January 29, 2025, amended, reported — Do Pass.
HB 1460—LS 7647/DI 150 January 29, 2025
First Regular Session of the 124th General Assembly (2025)
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.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1460
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 36-7-4-702, AS AMENDED BY P.L.126-2011,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
4 approval of a plat, the plan commission (or plat committee acting on
5 the commission's behalf) shall determine if the plat or subdivision
6 qualifies for primary approval under the standards prescribed by the
7 subdivision control ordinance.
8 (b) The subdivision control ordinance must specify the standards for
9 determining whether a plat qualifies for primary approval. The
10 ordinance must include standards for:
11 (1) minimum width, depth, and area of lots in the subdivision;
12 (2) public way widths, grades, curves, and the coordination of
13 subdivision public ways with current and planned public ways;
14 and
15 (3) the extension of water, sewer, and other municipal services.
16 The ordinance may also include standards for the allocation of areas to
17 be used as public ways, parks, schools, public and semipublic
HB 1460—LS 7647/DI 150 2
1 buildings, homes, businesses, and utilities, and any other standards
2 related to the purposes of this chapter.
3 (c) The standards fixed in the subdivision control ordinance under
4 subsection (b) may be waived at the discretion of the plan commission
5 (or plat committee acting on the commission's behalf); however, to be
6 approved, the plat must still meet all applicable standards prescribed
7 in the zoning ordinance (other than standards modified by variance in
8 accordance with the 900 series of this chapter). As a condition of
9 granting a waiver under this subsection, the commission or committee
10 may allow or require a commitment to be made under section 1015 of
11 this chapter.
12 (d) As a condition of primary approval of a plat, the commission or
13 committee may specify:
14 (1) the manner in which public ways shall be laid out, graded, and
15 improved;
16 (2) a provision for water, sewage, and other utility services;
17 (3) a provision for lot size, number, and location;
18 (4) a provision for drainage design; and
19 (5) a provision for other services as specified in the subdivision
20 control ordinance.
21 (e) The subdivision control ordinance may not regulate
22 condominiums regulated by IC 32-25.
23 (f) A subdivision control ordinance must require a unit to use
24 data from the:
25 (1) unit's one hundred (100) year flood map; and
26 (2) most recent National Oceanic and Atmospheric
27 Administration Atlas Precipitation-Frequency Atlas of the
28 United States;
29 to calculate and regulate storm water runoff from a developed or
30 undeveloped plat.
31 SECTION 2. IC 36-7-4-703 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
33 desiring the approval of a plat shall submit a written application for
34 approval in accordance with procedures prescribed by the legislative
35 body in the subdivision control ordinance.
36 (b) If a subdivision control ordinance requires a plan
37 commission or plat committee to review an application, the plan
38 commission or plat committee shall take action on the application
39 not later than thirty (30) days after the day on which a person
40 submits the plat application. Before the plan commission or plat
41 committee may take any action on the application, the plan
42 commission or plat committee must meet with any stakeholders
HB 1460—LS 7647/DI 150 3
1 with a financial interest in the application, including the applicant's
2 representative, within this thirty (30) day period.
3 SECTION 3. IC 36-7-4-705 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
5 application for primary approval, the plan commission staff shall
6 review the application for technical conformity with the standards fixed
7 in the subdivision control ordinance. Within fifteen (15) days after
8 submission of an application, the staff shall notify the applicant of
9 any deficiencies in the application. Within thirty (30) days after
10 receipt, the staff shall announce the date for a hearing before the plan
11 commission or plat committee and provide for notice in accordance
12 with section 706 of this chapter. The plan commission shall, by rule,
13 prescribe procedures for setting hearing dates and for the conduct of
14 hearings. A public hearing shall be scheduled not later than sixty
15 (60) days after a person files an application.
16 SECTION 4. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
17 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
19 or plat committee determines that the application and plat comply with
20 the standards in the subdivision control ordinance, the commission or
21 committee shall make written findings and a decision granting primary
22 approval to the plat. This decision, which must also specify any
23 condition imposed or waiver granted under section 702 of this chapter,
24 must be signed by an official designated in the subdivision control
25 ordinance.
26 (b) If, after the hearing, the plan commission or plat committee
27 disapproves the plat, the commission or committee shall make written
28 findings that set forth its reasons and a decision denying primary
29 approval and shall provide the applicant with a copy of the written
30 findings, including the deficiencies of the application, within fifteen
31 (15) days of the plan commission or plat committee's final decision.
32 This decision must be signed by the official designated in the
33 subdivision control ordinance.
34 (c) If a plan commission or plat committee fails to make written
35 findings and a decision granting or denying primary approval to
36 a plat not later than sixty (60) days after a public hearing, then the
37 plat is considered to have received primary approval.
38 (c) (d) This section applies to any subdivision of land, whether or
39 not it is exempted from the notice and hearing requirements of this
40 series under section 701(d) of this chapter.
41 SECTION 5. IC 36-9-28.5-6 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
HB 1460—LS 7647/DI 150 4
1 1, 2025]: Sec. 6. (a) A policy adopted by a legislative body of a unit
2 under this chapter must comply with IC 36-7-4-702(f).
HB 1460—LS 7647/DI 150 5
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred House Bill 1460, 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 2, line 26, after "(2)" insert "most recent".
Page 2, line 27, delete "14".
Page 2, line 27, delete "States (2004);" and insert "States;".
Page 2, line 29, delete "A unit may not use data from another state.".
Page 2, line 35, after "requires a" insert "plan commission or".
Page 2, line 36, after "the" insert "plan commission or".
Page 2, line 38, after "Before the" insert "plan commission or".
Page 2, line 39, after "application, the" insert "plan commission
or".
Page 2, line 40, delete "all necessary individuals," and insert "any
stakeholders with a financial interest in the application,".
Page 3, line 6, delete "all defects" and insert "any deficiencies".
Page 3, line 31, delete "on" and insert "or".
and when so amended that said bill do pass.
(Reference is to HB 1460 as introduced.)
SOLIDAY
Committee Vote: yeas 10, nays 3.
HB 1460—LS 7647/DI 150