Indiana 2025 Regular Session

Indiana House Bill HB1460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1460.1
	2	+	March 11, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1460
	5	+	_____
	6	+	DIGEST OF HB 1460 (Updated March 6, 2025 1:14 pm - DI 87)
	7	+	Citations Affected: IC 36-7; IC 36-9.
	8	+	Synopsis: Drainage systems. Requires a unit to use data from the most
	9	+	recent: (1) Federal Emergency Management Agency (FEMA) Flood
	10	+	Insurance Rate Maps; and (2) National Oceanic and Atmospheric
	11	+	Administration Atlas; to calculate and regulate storm water runoff from
	12	+	a developed or undeveloped plat. Authorizes a unit to use data from the
	13	+	neighboring state in closest proximity to the developed or undeveloped
	14	+	plat under consideration. Requires a plan commission or plat
	15	+	committee to take action on a plat application, including meeting with
	16	+	any stakeholders with a financial interest in the application, not later
	17	+	than 30 days after receiving the application. Provides that if a plan
	18	+	commission or plat committee fails to make written findings and a
	19	+	decision granting or denying primary approval to a plat not later than
	20	+	60 days after a public hearing, then the plat is considered to have
	21	+	received primary approval.
	22	+	Effective: July 1, 2025.
	23	+	Pressel, Soliday
	24	+	(SENATE SPONSORS — NIEMEYER, DERNUL C, DORIOT)
	25	+	January 21, 2025, read first time and referred to Committee on Utilities, Energy and
	26	+	Telecommunications.
	27	+	January 29, 2025, amended, reported — Do Pass.
	28	+	February 3, 2025, read second time, amended, ordered engrossed.
	29	+	February 4, 2025, engrossed.
	30	+	February 6, 2025, read third time, passed. Yeas 64, nays 23.
	31	+	SENATE ACTION
	32	+	February 19, 2025, read first time and referred to Committee on Local Government.
	33	+	March 10, 2025, amended, reported favorably — Do Pass.
	34	+	EH 1460—LS 7647/DI 150 March 11, 2025
1	35		First Regular Session of the 124th General Assembly (2025)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1460
12		-	AN ACT to amend the Indiana Code concerning local government.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1460
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	48	+	government.
13	49		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 36-7-4-702, AS AMENDED BY P.L.126-2011,
15		-	SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
17		-	approval of a plat, the plan commission (or plat committee acting on
18		-	the commission's behalf) shall determine if the plat or subdivision
19		-	qualifies for primary approval under the standards prescribed by the
20		-	subdivision control ordinance.
21		-	(b) The subdivision control ordinance must specify the standards for
22		-	determining whether a plat qualifies for primary approval. The
23		-	ordinance must include standards for:
24		-	(1) minimum width, depth, and area of lots in the subdivision;
25		-	(2) public way widths, grades, curves, and the coordination of
26		-	subdivision public ways with current and planned public ways;
27		-	and
28		-	(3) the extension of water, sewer, and other municipal services.
29		-	The ordinance may also include standards for the allocation of areas to
30		-	be used as public ways, parks, schools, public and semipublic
31		-	buildings, homes, businesses, and utilities, and any other standards
32		-	related to the purposes of this chapter.
33		-	(c) The standards fixed in the subdivision control ordinance under
34		-	subsection (b) may be waived at the discretion of the plan commission
35		-	(or plat committee acting on the commission's behalf); however, to be
36		-	HEA 1460 — Concur 2
37		-	approved, the plat must still meet all applicable standards prescribed
38		-	in the zoning ordinance (other than standards modified by variance in
39		-	accordance with the 900 series of this chapter). As a condition of
40		-	granting a waiver under this subsection, the commission or committee
41		-	may allow or require a commitment to be made under section 1015 of
42		-	this chapter.
43		-	(d) As a condition of primary approval of a plat, the commission or
44		-	committee may specify:
45		-	(1) the manner in which public ways shall be laid out, graded, and
46		-	improved;
47		-	(2) a provision for water, sewage, and other utility services;
48		-	(3) a provision for lot size, number, and location;
49		-	(4) a provision for drainage design; and
50		-	(5) a provision for other services as specified in the subdivision
51		-	control ordinance.
52		-	(e) The subdivision control ordinance may not regulate
53		-	condominiums regulated by IC 32-25.
54		-	(f) A subdivision control ordinance must require a unit to use
55		-	data from the most recent:
56		-	(1) Federal Emergency Management Agency (FEMA) Flood
57		-	Insurance Rate Maps; and
58		-	(2) National Oceanic and Atmospheric Administration Atlas
59		-	Precipitation-Frequency Atlas of the United States;
60		-	to calculate and regulate storm water runoff from a developed or
61		-	undeveloped plat. A unit must use data regarding a location that is
	50	+	1 SECTION 1. IC 36-7-4-702, AS AMENDED BY P.L.126-2011,
	51	+	2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	52	+	3 JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
	53	+	4 approval of a plat, the plan commission (or plat committee acting on
	54	+	5 the commission's behalf) shall determine if the plat or subdivision
	55	+	6 qualifies for primary approval under the standards prescribed by the
	56	+	7 subdivision control ordinance.
	57	+	8 (b) The subdivision control ordinance must specify the standards for
	58	+	9 determining whether a plat qualifies for primary approval. The
	59	+	10 ordinance must include standards for:
	60	+	11 (1) minimum width, depth, and area of lots in the subdivision;
	61	+	12 (2) public way widths, grades, curves, and the coordination of
	62	+	13 subdivision public ways with current and planned public ways;
	63	+	14 and
	64	+	15 (3) the extension of water, sewer, and other municipal services.
	65	+	16 The ordinance may also include standards for the allocation of areas to
	66	+	17 be used as public ways, parks, schools, public and semipublic
	67	+	EH 1460—LS 7647/DI 150 2
	68	+	1 buildings, homes, businesses, and utilities, and any other standards
	69	+	2 related to the purposes of this chapter.
	70	+	3 (c) The standards fixed in the subdivision control ordinance under
	71	+	4 subsection (b) may be waived at the discretion of the plan commission
	72	+	5 (or plat committee acting on the commission's behalf); however, to be
	73	+	6 approved, the plat must still meet all applicable standards prescribed
	74	+	7 in the zoning ordinance (other than standards modified by variance in
	75	+	8 accordance with the 900 series of this chapter). As a condition of
	76	+	9 granting a waiver under this subsection, the commission or committee
	77	+	10 may allow or require a commitment to be made under section 1015 of
	78	+	11 this chapter.
	79	+	12 (d) As a condition of primary approval of a plat, the commission or
	80	+	13 committee may specify:
	81	+	14 (1) the manner in which public ways shall be laid out, graded, and
	82	+	15 improved;
	83	+	16 (2) a provision for water, sewage, and other utility services;
	84	+	17 (3) a provision for lot size, number, and location;
	85	+	18 (4) a provision for drainage design; and
	86	+	19 (5) a provision for other services as specified in the subdivision
	87	+	20 control ordinance.
	88	+	21 (e) The subdivision control ordinance may not regulate
	89	+	22 condominiums regulated by IC 32-25.
	90	+	23 (f) A subdivision control ordinance must require a unit to use
	91	+	24 data from the most recent:
	92	+	25 (1) Federal Emergency Management Agency (FEMA) Flood
	93	+	26 Insurance Rate Maps; and
	94	+	27 (2) National Oceanic and Atmospheric Administration Atlas
	95	+	28 Precipitation-Frequency Atlas of the United States;
	96	+	29 to calculate and regulate storm water runoff from a developed or
	97	+	30 undeveloped plat. A unit must use data regarding a location that is
	98	+	31 in the closest proximity to the developed or undeveloped plat under
	99	+	32 consideration. If a unit must use data regarding a location within
	100	+	33 a neighboring state due to the lack of available data regarding a
	101	+	34 nearby location, then the unit must use data regarding a location
	102	+	35 within the state that is in closest proximity to the developed or
	103	+	36 undeveloped plat under consideration.
	104	+	37 SECTION 2. IC 36-7-4-703 IS AMENDED TO READ AS
	105	+	38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
	106	+	39 desiring the approval of a plat shall submit a written application for
	107	+	40 approval in accordance with procedures prescribed by the legislative
	108	+	41 body in the subdivision control ordinance.
	109	+	42 (b) If a subdivision control ordinance requires a plan
	110	+	EH 1460—LS 7647/DI 150 3
	111	+	1 commission or plat committee to review an application, the plan
	112	+	2 commission or plat committee shall take action on the application
	113	+	3 not later than thirty (30) days after the day on which a person
	114	+	4 submits the plat application. Before the plan commission or plat
	115	+	5 committee may take any action on the application, the plan
	116	+	6 commission or plat committee must meet with any stakeholders
	117	+	7 with a financial interest in the application, including the applicant's
	118	+	8 representative, within this thirty (30) day period.
	119	+	9 SECTION 3. IC 36-7-4-705 IS AMENDED TO READ AS
	120	+	10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
	121	+	11 application for primary approval, the plan commission staff shall
	122	+	12 review the application for technical conformity with the standards fixed
	123	+	13 in the subdivision control ordinance. Within fifteen (15) days after
	124	+	14 submission of an application, the staff shall notify the applicant of
	125	+	15 any deficiencies in the application. Within thirty (30) days after
	126	+	16 receipt, the staff shall announce the date for a hearing before the plan
	127	+	17 commission or plat committee and provide for notice in accordance
	128	+	18 with section 706 of this chapter. The plan commission shall, by rule,
	129	+	19 prescribe procedures for setting hearing dates and for the conduct of
	130	+	20 hearings. A public hearing shall be scheduled not later than sixty
	131	+	21 (60) days after a person files an application.
	132	+	22 SECTION 4. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
	133	+	23 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	134	+	24 JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
	135	+	25 or plat committee determines that the application and plat comply with
	136	+	26 the standards in the subdivision control ordinance, the commission or
	137	+	27 committee shall make written findings and a decision granting primary
	138	+	28 approval to the plat. This decision, which must also specify any
	139	+	29 condition imposed or waiver granted under section 702 of this chapter,
	140	+	30 must be signed by an official designated in the subdivision control
	141	+	31 ordinance.
	142	+	32 (b) If, after the hearing, the plan commission or plat committee
	143	+	33 disapproves the plat, the commission or committee shall make written
	144	+	34 findings that set forth its reasons and a decision denying primary
	145	+	35 approval and shall provide the applicant with a copy of the written
	146	+	36 findings, including the deficiencies of the application, within fifteen
	147	+	37 (15) days of the plan commission or plat committee's final decision.
	148	+	38 This decision must be signed by the official designated in the
	149	+	39 subdivision control ordinance.
	150	+	40 (c) If a plan commission or plat committee fails to make written
	151	+	41 findings and a decision granting or denying primary approval to
	152	+	42 a plat not later than sixty (60) days after a public hearing, then the
	153	+	EH 1460—LS 7647/DI 150 4
	154	+	1 plat is considered to have received primary approval.
	155	+	2 (c) (d) This section applies to any subdivision of land, whether or
	156	+	3 not it is exempted from the notice and hearing requirements of this
	157	+	4 series under section 701(d) of this chapter.
	158	+	5 SECTION 5. IC 36-9-28.5-6 IS ADDED TO THE INDIANA CODE
	159	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	160	+	7 1, 2025]: Sec. 6. A policy adopted by a legislative body of a unit
	161	+	8 under this chapter must comply with IC 36-7-4-702(f).
	162	+	EH 1460—LS 7647/DI 150 5
	163	+	COMMITTEE REPORT
	164	+	Mr. Speaker: Your Committee on Utilities, Energy and
	165	+	Telecommunications, to which was referred House Bill 1460, has had
	166	+	the same under consideration and begs leave to report the same back
	167	+	to the House with the recommendation that said bill be amended as
	168	+	follows:
	169	+	Page 2, line 26, after "(2)" insert "most recent".
	170	+	Page 2, line 27, delete "14".
	171	+	Page 2, line 27, delete "States (2004);" and insert "States;".
	172	+	Page 2, line 29, delete "A unit may not use data from another state.".
	173	+	Page 2, line 35, after "requires a" insert "plan commission or".
	174	+	Page 2, line 36, after "the" insert "plan commission or".
	175	+	Page 2, line 38, after "Before the" insert "plan commission or".
	176	+	Page 2, line 39, after "application, the" insert "plan commission
	177	+	or".
	178	+	Page 2, line 40, delete "all necessary individuals," and insert "any
	179	+	stakeholders with a financial interest in the application,".
	180	+	Page 3, line 6, delete "all defects" and insert "any deficiencies".
	181	+	Page 3, line 31, delete "on" and insert "or".
	182	+	and when so amended that said bill do pass.
	183	+	(Reference is to HB 1460 as introduced.)
	184	+	SOLIDAY
	185	+	Committee Vote: yeas 10, nays 3.
	186	+	_____
	187	+	HOUSE MOTION
	188	+	Mr. Speaker: I move that House Bill 1460 be amended to read as
	189	+	follows:
	190	+	Page 2, line 24, delete "the:" and insert "the most recent:".
	191	+	Page 2, line 25, delete "unit's one hundred (100) year flood map;"
	192	+	and insert "Federal Emergency Management Agency (FEMA) Flood
	193	+	Insurance Rate Maps;".
	194	+	Page 2, line 26, delete "most recent".
	195	+	Page 2, line 30, after "plat." insert "A unit may use data from
	196	+	another state that is in proximity to the developed or undeveloped
	197	+	plat under consideration, as appropriate under the
	198	+	circumstances.".
	199	+	EH 1460—LS 7647/DI 150 6
	200	+	Page 4, line 1, delete "(a)".
	201	+	(Reference is to HB 1460 as printed January 29, 2025.)
	202	+	PRESSEL
	203	+	_____
	204	+	COMMITTEE REPORT
	205	+	Mr. President: The Senate Committee on Local Government, to
	206	+	which was referred House Bill No. 1460, has had the same under
	207	+	consideration and begs leave to report the same back to the Senate with
	208	+	the recommendation that said bill be AMENDED as follows:
	209	+	Page 2, line 30, delete "A unit may use data from another state that
	210	+	is in" and insert "A unit must use data regarding a location that is
62	211		in the closest proximity to the developed or undeveloped plat under
63	212		consideration. If a unit must use data regarding a location within
64	213		a neighboring state due to the lack of available data regarding a
65	214		nearby location, then the unit must use data regarding a location
66	215		within the state that is in closest proximity to the developed or
67		-	undeveloped plat under consideration.
68		-	SECTION 2. IC 36-7-4-703 IS AMENDED TO READ AS
69		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
70		-	desiring the approval of a plat shall submit a written application for
71		-	approval in accordance with procedures prescribed by the legislative
72		-	body in the subdivision control ordinance.
73		-	(b) If a subdivision control ordinance requires a plan
74		-	commission or plat committee to review an application, the plan
75		-	commission or plat committee shall take action on the application
76		-	not later than thirty (30) days after the day on which a person
77		-	submits the plat application. Before the plan commission or plat
78		-	committee may take any action on the application, the plan
79		-	HEA 1460 — Concur 3
80		-	commission or plat committee must meet with any stakeholders
81		-	with a financial interest in the application, including the applicant's
82		-	representative, within this thirty (30) day period.
83		-	SECTION 3. IC 36-7-4-705 IS AMENDED TO READ AS
84		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
85		-	application for primary approval, the plan commission staff shall
86		-	review the application for technical conformity with the standards fixed
87		-	in the subdivision control ordinance. Within fifteen (15) days after
88		-	submission of an application, the staff shall notify the applicant of
89		-	any deficiencies in the application. Within thirty (30) days after
90		-	receipt, the staff shall announce the date for a hearing before the plan
91		-	commission or plat committee and provide for notice in accordance
92		-	with section 706 of this chapter. The plan commission shall, by rule,
93		-	prescribe procedures for setting hearing dates and for the conduct of
94		-	hearings. A public hearing shall be scheduled not later than sixty
95		-	(60) days after a person files an application.
96		-	SECTION 4. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
97		-	SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98		-	JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
99		-	or plat committee determines that the application and plat comply with
100		-	the standards in the subdivision control ordinance, the commission or
101		-	committee shall make written findings and a decision granting primary
102		-	approval to the plat. This decision, which must also specify any
103		-	condition imposed or waiver granted under section 702 of this chapter,
104		-	must be signed by an official designated in the subdivision control
105		-	ordinance.
106		-	(b) If, after the hearing, the plan commission or plat committee
107		-	disapproves the plat, the commission or committee shall make written
108		-	findings that set forth its reasons and a decision denying primary
109		-	approval and shall provide the applicant with a copy of the written
110		-	findings, including the deficiencies of the application, within fifteen
111		-	(15) days of the plan commission or plat committee's final decision.
112		-	This decision must be signed by the official designated in the
113		-	subdivision control ordinance.
114		-	(c) If a plan commission or plat committee fails to make written
115		-	findings and a decision granting or denying primary approval to
116		-	a plat not later than sixty (60) days after a public hearing, then the
117		-	plat is considered to have received primary approval.
118		-	(c) (d) This section applies to any subdivision of land, whether or
119		-	not it is exempted from the notice and hearing requirements of this
120		-	series under section 701(d) of this chapter.
121		-	SECTION 5. IC 36-9-28.5-6 IS ADDED TO THE INDIANA CODE
122		-	HEA 1460 — Concur 4
123		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
124		-	1, 2025]: Sec. 6. A policy adopted by a legislative body of a unit
125		-	under this chapter must comply with IC 36-7-4-702(f).
126		-	HEA 1460 — Concur Speaker of the House of Representatives
127		-	President of the Senate
128		-	President Pro Tempore
129		-	Governor of the State of Indiana
130		-	Date: Time:
131		-	HEA 1460 — Concur
	216	+	undeveloped plat under consideration.".
	217	+	Page 2, delete lines 31 through 32.
	218	+	and when so amended that said bill do pass.
	219	+	(Reference is to HB 1460 as reprinted February 4, 2025.)
	220	+	NIEMEYER
	221	+	Committee Vote: Yeas 8, Nays 0.
	222	+	EH 1460—LS 7647/DI 150