*EH1460.1*
March 11, 2025
ENGROSSED
HOUSE BILL No. 1460
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DIGEST OF HB 1460 (Updated March 6, 2025 1:14 pm - DI 87)
Citations Affected: IC 36-7; IC 36-9.
Synopsis: Drainage systems. Requires a unit to use data from the most
recent: (1) Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps; and (2) National Oceanic and Atmospheric
Administration Atlas; to calculate and regulate storm water runoff from
a developed or undeveloped plat. Authorizes a unit to use data from the
neighboring state in closest proximity to the developed or undeveloped
plat under consideration. 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
(SENATE SPONSORS — NIEMEYER, DERNUL C, DORIOT)
January 21, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
January 29, 2025, amended, reported — Do Pass.
February 3, 2025, read second time, amended, ordered engrossed.
February 4, 2025, engrossed.
February 6, 2025, read third time, passed. Yeas 64, nays 23.
SENATE ACTION
February 19, 2025, read first time and referred to Committee on Local Government.
March 10, 2025, amended, reported favorably — Do Pass.
EH 1460—LS 7647/DI 150 March 11, 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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
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
EH 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 most recent:
25 (1) Federal Emergency Management Agency (FEMA) Flood
26 Insurance Rate Maps; and
27 (2) National Oceanic and Atmospheric Administration Atlas
28 Precipitation-Frequency Atlas of the United States;
29 to calculate and regulate storm water runoff from a developed or
30 undeveloped plat. A unit must use data regarding a location that is
31 in the closest proximity to the developed or undeveloped plat under
32 consideration. If a unit must use data regarding a location within
33 a neighboring state due to the lack of available data regarding a
34 nearby location, then the unit must use data regarding a location
35 within the state that is in closest proximity to the developed or
36 undeveloped plat under consideration.
37 SECTION 2. IC 36-7-4-703 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
39 desiring the approval of a plat shall submit a written application for
40 approval in accordance with procedures prescribed by the legislative
41 body in the subdivision control ordinance.
42 (b) If a subdivision control ordinance requires a plan
EH 1460—LS 7647/DI 150 3
1 commission or plat committee to review an application, the plan
2 commission or plat committee shall take action on the application
3 not later than thirty (30) days after the day on which a person
4 submits the plat application. Before the plan commission or plat
5 committee may take any action on the application, the plan
6 commission or plat committee must meet with any stakeholders
7 with a financial interest in the application, including the applicant's
8 representative, within this thirty (30) day period.
9 SECTION 3. IC 36-7-4-705 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
11 application for primary approval, the plan commission staff shall
12 review the application for technical conformity with the standards fixed
13 in the subdivision control ordinance. Within fifteen (15) days after
14 submission of an application, the staff shall notify the applicant of
15 any deficiencies in the application. Within thirty (30) days after
16 receipt, the staff shall announce the date for a hearing before the plan
17 commission or plat committee and provide for notice in accordance
18 with section 706 of this chapter. The plan commission shall, by rule,
19 prescribe procedures for setting hearing dates and for the conduct of
20 hearings. A public hearing shall be scheduled not later than sixty
21 (60) days after a person files an application.
22 SECTION 4. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
25 or plat committee determines that the application and plat comply with
26 the standards in the subdivision control ordinance, the commission or
27 committee shall make written findings and a decision granting primary
28 approval to the plat. This decision, which must also specify any
29 condition imposed or waiver granted under section 702 of this chapter,
30 must be signed by an official designated in the subdivision control
31 ordinance.
32 (b) If, after the hearing, the plan commission or plat committee
33 disapproves the plat, the commission or committee shall make written
34 findings that set forth its reasons and a decision denying primary
35 approval and shall provide the applicant with a copy of the written
36 findings, including the deficiencies of the application, within fifteen
37 (15) days of the plan commission or plat committee's final decision.
38 This decision must be signed by the official designated in the
39 subdivision control ordinance.
40 (c) If a plan commission or plat committee fails to make written
41 findings and a decision granting or denying primary approval to
42 a plat not later than sixty (60) days after a public hearing, then the
EH 1460—LS 7647/DI 150 4
1 plat is considered to have received primary approval.
2 (c) (d) This section applies to any subdivision of land, whether or
3 not it is exempted from the notice and hearing requirements of this
4 series under section 701(d) of this chapter.
5 SECTION 5. IC 36-9-28.5-6 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 6. A policy adopted by a legislative body of a unit
8 under this chapter must comply with IC 36-7-4-702(f).
EH 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.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1460 be amended to read as
follows:
Page 2, line 24, delete "the:" and insert "the most recent:".
Page 2, line 25, delete "unit's one hundred (100) year flood map;"
and insert "Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps;".
Page 2, line 26, delete "most recent".
Page 2, line 30, after "plat." insert "A unit may use data from
another state that is in proximity to the developed or undeveloped
plat under consideration, as appropriate under the
circumstances.".
EH 1460—LS 7647/DI 150 6
Page 4, line 1, delete "(a)".
(Reference is to HB 1460 as printed January 29, 2025.)
PRESSEL
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COMMITTEE REPORT
Mr. President: The Senate Committee on Local Government, to
which was referred House Bill No. 1460, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 2, line 30, delete "A unit may use data from another state that
is in" and insert "A unit must use data regarding a location that is
in the closest proximity to the developed or undeveloped plat under
consideration. If a unit must use data regarding a location within
a neighboring state due to the lack of available data regarding a
nearby location, then the unit must use data regarding a location
within the state that is in closest proximity to the developed or
undeveloped plat under consideration.".
Page 2, delete lines 31 through 32.
and when so amended that said bill do pass.
(Reference is to HB 1460 as reprinted February 4, 2025.)
NIEMEYER
Committee Vote: Yeas 8, Nays 0.
EH 1460—LS 7647/DI 150