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,
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1460
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 36-7-4-702, AS AMENDED BY P.L.126-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
approval of a plat, the plan commission (or plat committee acting on
the commission's behalf) shall determine if the plat or subdivision
qualifies for primary approval under the standards prescribed by the
subdivision control ordinance.
(b) The subdivision control ordinance must specify the standards for
determining whether a plat qualifies for primary approval. The
ordinance must include standards for:
(1) minimum width, depth, and area of lots in the subdivision;
(2) public way widths, grades, curves, and the coordination of
subdivision public ways with current and planned public ways;
and
(3) the extension of water, sewer, and other municipal services.
The ordinance may also include standards for the allocation of areas to
be used as public ways, parks, schools, public and semipublic
buildings, homes, businesses, and utilities, and any other standards
related to the purposes of this chapter.
(c) The standards fixed in the subdivision control ordinance under
subsection (b) may be waived at the discretion of the plan commission
(or plat committee acting on the commission's behalf); however, to be
HEA 1460 — Concur 2
approved, the plat must still meet all applicable standards prescribed
in the zoning ordinance (other than standards modified by variance in
accordance with the 900 series of this chapter). As a condition of
granting a waiver under this subsection, the commission or committee
may allow or require a commitment to be made under section 1015 of
this chapter.
(d) As a condition of primary approval of a plat, the commission or
committee may specify:
(1) the manner in which public ways shall be laid out, graded, and
improved;
(2) a provision for water, sewage, and other utility services;
(3) a provision for lot size, number, and location;
(4) a provision for drainage design; and
(5) a provision for other services as specified in the subdivision
control ordinance.
(e) The subdivision control ordinance may not regulate
condominiums regulated by IC 32-25.
(f) A subdivision control ordinance must require 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
Precipitation-Frequency Atlas of the United States;
to calculate and regulate storm water runoff from a developed or
undeveloped plat. 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.
SECTION 2. IC 36-7-4-703 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
desiring the approval of a plat shall submit a written application for
approval in accordance with procedures prescribed by the legislative
body in the subdivision control ordinance.
(b) If a subdivision control ordinance requires a plan
commission or plat committee to review an application, the plan
commission or plat committee shall take action on the application
not later than thirty (30) days after the day on which a person
submits the plat application. Before the plan commission or plat
committee may take any action on the application, the plan
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commission or plat committee must meet with any stakeholders
with a financial interest in the application, including the applicant's
representative, within this thirty (30) day period.
SECTION 3. IC 36-7-4-705 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
application for primary approval, the plan commission staff shall
review the application for technical conformity with the standards fixed
in the subdivision control ordinance. Within fifteen (15) days after
submission of an application, the staff shall notify the applicant of
any deficiencies in the application. Within thirty (30) days after
receipt, the staff shall announce the date for a hearing before the plan
commission or plat committee and provide for notice in accordance
with section 706 of this chapter. The plan commission shall, by rule,
prescribe procedures for setting hearing dates and for the conduct of
hearings. A public hearing shall be scheduled not later than sixty
(60) days after a person files an application.
SECTION 4. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
or plat committee determines that the application and plat comply with
the standards in the subdivision control ordinance, the commission or
committee shall make written findings and a decision granting primary
approval to the plat. This decision, which must also specify any
condition imposed or waiver granted under section 702 of this chapter,
must be signed by an official designated in the subdivision control
ordinance.
(b) If, after the hearing, the plan commission or plat committee
disapproves the plat, the commission or committee shall make written
findings that set forth its reasons and a decision denying primary
approval and shall provide the applicant with a copy of the written
findings, including the deficiencies of the application, within fifteen
(15) days of the plan commission or plat committee's final decision.
This decision must be signed by the official designated in the
subdivision control ordinance.
(c) 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 sixty (60) days after a public hearing, then the
plat is considered to have received primary approval.
(c) (d) This section applies to any subdivision of land, whether or
not it is exempted from the notice and hearing requirements of this
series under section 701(d) of this chapter.
SECTION 5. IC 36-9-28.5-6 IS ADDED TO THE INDIANA CODE
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AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6. A policy adopted by a legislative body of a unit
under this chapter must comply with IC 36-7-4-702(f).
HEA 1460 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1460 — Concur