Indiana 2025 Regular Session

Indiana House Bill HB1628 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1628
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1; IC 14-11-1-10; IC 36-1; IC 36-7-4;
7	7	IC 36-9-28.5-6.
8	8	Synopsis: Property development matters. Defines a
9	9	"multi-jurisdictional infrastructure project" as a project that: (1)
10	10	involves the siting, construction, or deployment of facilities,
11	11	equipment, or infrastructure used in the generation, transmission,
12	12	distribution, or storage of electricity, gases or fluids, or water; and (2)
13	13	will have specified impacts on residents, businesses, or political
14	14	subdivisions in more than one county in Indiana. Provides that the state
15	15	is the sole regulator of the following with respect to a
16	16	multi-jurisdictional infrastructure project, to the extent not preempted
17	17	by federal law or otherwise under the jurisdiction of a federal agency
18	18	or authority: (1) The siting and construction of any electric generation
19	19	facility with a capacity of at least 50 megawatts that generates
20	20	electricity to be directly or indirectly used for the furnishing of public
21	21	utility service. (2) The siting, construction, and deployment of all
22	22	facilities, equipment, and infrastructure used in the transmission,
23	23	distribution, or storage of electricity, gases or fluids, or water. Provides
24	24	for the preemption of all other regulation by a political subdivision or
25	25	a local authority of the siting, construction, or deployment of any
26	26	facilities, equipment, or infrastructure with respect to a
27	27	multi-jurisdictional infrastructure project. Prohibits a political
28	28	subdivision from taking specified actions concerning the siting,
29	29	construction, or deployment of facilities, equipment, and infrastructure
30	30	in connection with a multi-jurisdictional infrastructure project.
31	31	Provides that a person that seeks to locate, construct, or deploy any
32	32	facilities, equipment, or infrastructure in connection with a
33	33	multi-jurisdictional infrastructure project is not required to obtain from
34	34	(Continued next page)
35	35	Effective: July 1, 2025.
36	36	Snow
37	37	January 21, 2025, read first time and referred to Committee on Utilities, Energy and
38	38	Telecommunications.
39	39	2025 IN 1628—LS 7758/DI 92 Digest Continued
40	40	a local authority a permit, or any other land use or zoning approval,
41	41	with respect to the siting, construction, or deployment. Requires a unit
42	42	to use data from: (1) the unit's 100 year flood map; and (2) the National
43	43	Oceanic and Atmospheric Administration Atlas 14; to calculate and
44	44	regulate storm water runoff from a developed or undeveloped plat.
45	45	Requires a plat committee to take action on a plat application,
46	46	including meeting with all necessary individuals, not later than 30 days
47	47	after receiving the application. Provides that if a plan commission or
48	48	plat committee fails to make written findings and a decision granting
49	49	or denying primary approval to a plat not later than 60 days after a
50	50	public hearing, then the plat is considered to have received primary
51	51	approval. Provides the following: (1) Requires an applicant for a permit
52	52	or approval (applicant) to be given an extension of time if the
53	53	applicant's failure to meet the application deadline was caused by
54	54	unforeseen circumstances beyond the applicant's control. (2) Provides
55	55	a deadline in an ordinance for commencing or completing a permitted
56	56	use is tolled until two years after the conclusion of any litigation
57	57	regarding the granting of the permit. (3) Establishes a timeline for
58	58	review of permit applications. (4) Establishes requirements for
59	59	development agreements. (5) With certain exceptions, requires the
60	60	ordinances, regulations, and statutes (legal restrictions) in effect at the
61	61	time a permit is entered into to continue to apply unless the
62	62	development is not completed within 10 years. (6) With certain
63	63	exceptions, requires the legal restrictions in effect at the time a
64	64	development agreement is entered into to apply for the agreement's
65	65	duration. Repeals a statute requiring the ordinances, regulations, and
66	66	statutes in effect at the time a zoning permit or approval is issued to
67	67	govern a development for at least three years. Moves parts of the
68	68	repealed statute to other locations.
69	69	2025 IN 1628—LS 7758/DI 922025 IN 1628—LS 7758/DI 92 Introduced
70	70	First Regular Session of the 124th General Assembly (2025)
71	71	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
72	72	Constitution) is being amended, the text of the existing provision will appear in this style type,
73	73	additions will appear in this style type, and deletions will appear in this style type.
74	74	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
75	75	provision adopted), the text of the new provision will appear in this style type. Also, the
76	76	word NEW will appear in that style type in the introductory clause of each SECTION that adds
77	77	a new provision to the Indiana Code or the Indiana Constitution.
78	78	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
79	79	between statutes enacted by the 2024 Regular Session of the General Assembly.
80	80	HOUSE BILL No. 1628
81	81	A BILL FOR AN ACT to amend the Indiana Code concerning local
82	82	government.
83	83	Be it enacted by the General Assembly of the State of Indiana:
84	84	1 SECTION 1. IC 8-1-1.7 IS ADDED TO THE INDIANA CODE AS
85	85	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
86	86	3 1, 2025]:
87	87	4 Chapter 1.7. State Regulation of Utility Infrastructure Siting
88	88	5 and Deployment
89	89	6 Sec. 1. The general assembly declares that it is the continuing
90	90	7 policy of the state, in cooperation with local governments and other
91	91	8 concerned public and private organizations, to use all practicable
92	92	9 means and measures, including efficient and cost effective siting
93	93	10 and permitting procedures, to create and maintain conditions
94	94	11 under which the facilities, equipment, and infrastructure required
95	95	12 to meet the growing demand for utility services necessary to:
96	96	13 (1) ensure the welfare and enhance the quality of life for
97	97	14 present and future generations of Indiana citizens; and
98	98	15 (2) attract and retain businesses and provide economic
99	99	2025 IN 1628—LS 7758/DI 92 2
100	100	1 development opportunities for communities throughout
101	101	2 Indiana;
102	102	3 are constructed and deployed.
103	103	4 Sec. 2. As used in this chapter, "commission" refers to the
104	104	5 Indiana utility regulatory commission created by IC 8-1-1-2.
105	105	6 Sec. 3. As used in this chapter, "local authority" has the
106	106	7 meaning set forth in IC 36-7-4-1706.
107	107	8 Sec. 4. As used in this chapter, "multi-jurisdictional
108	108	9 infrastructure project" means a project that:
109	109	10 (1) involves the siting, construction, or deployment of
110	110	11 facilities, equipment, or infrastructure used in the generation,
111	111	12 transmission, distribution, or storage of:
112	112	13 (A) electricity;
113	113	14 (B) gases or fluids; or
114	114	15 (C) water; and
115	115	16 (2) will:
116	116	17 (A) provide utility services to;
117	117	18 (B) employ; or
118	118	19 (C) provide economic benefits to;
119	119	20 residents, businesses, or political subdivisions in more than
120	120	21 one (1) county in Indiana, as set forth in any required
121	121	22 application or notice submitted to the state by the developer,
122	122	23 owner, or operator of the project.
123	123	24 Sec. 5. As used in this chapter, "permit" has the meaning set
124	124	25 forth in IC 36-7-4-1707.
125	125	26 Sec. 6. As used in this chapter, "political subdivision" has the
126	126	27 meaning set forth in IC 36-1-2-13.
127	127	28 Sec. 7. (a) As used in this chapter, "state" refers to any agency,
128	128	29 authority, board, bureau, commission, department, division, office,
129	129	30 or instrumentality of the executive, including the administrative,
130	130	31 branch of state government. The term includes a body corporate
131	131	32 and politic established as an instrumentality of the state.
132	132	33 (b) The term does not include a political subdivision.
133	133	34 Sec. 8. (a) The state is the sole regulator of the following with
134	134	35 respect to a multi-jurisdictional infrastructure project, to the
135	135	36 extent not preempted by federal law or otherwise under the
136	136	37 jurisdiction of a federal agency or authority:
137	137	38 (1) The siting and construction of any electric generation
138	138	39 facility with a capacity of at least fifty (50) megawatts that
139	139	40 generates electricity to be directly or indirectly used for the
140	140	41 furnishing of public utility service regardless of:
141	141	42 (A) the energy source or technology used by the facility to
142	142	2025 IN 1628—LS 7758/DI 92 3
143	143	1 generate electricity; and
144	144	2 (B) whether the commission has declined regulatory
145	145	3 jurisdiction over the facility or the owner or operator of
146	146	4 the facility.
147	147	5 (2) The siting, construction, and deployment of all facilities,
148	148	6 equipment, and infrastructure used in the transmission,
149	149	7 distribution, or storage of:
150	150	8 (A) electricity;
151	151	9 (B) gases or fluids; or
152	152	10 (C) water;
153	153	11 whether for purposes of resale to the public or delivery to a
154	154	12 wholesale customer or market.
155	155	13 (b) This chapter preempts all other regulation by a political
156	156	14 subdivision or a local authority of the siting, construction, or
157	157	15 deployment of any facilities, equipment, or infrastructure
158	158	16 described in this section with respect to a multi-jurisdictional
159	159	17 infrastructure project.
160	160	18 Sec. 9. (a) A political subdivision may not enact, issue, or
161	161	19 enforce any:
162	162	20 (1) ordinances, resolutions, regulations, orders, requests for
163	163	21 proposals, or requests for bids pertaining to the siting,
164	164	22 construction, or deployment of any facilities, equipment, or
165	165	23 infrastructure described in section 8 of this chapter; or
166	166	24 (2) practices or rules that:
167	167	25 (A) disqualify a person from doing business with the
168	168	26 political subdivision; and
169	169	27 (B) are related to the siting, construction, or deployment of
170	170	28 any facilities, equipment, or infrastructure described in
171	171	29 section 8 of this chapter;
172	172	30 in connection with a multi-jurisdictional infrastructure project.
173	173	31 (b) A person that seeks to locate, construct, or deploy within
174	174	32 Indiana any facilities, equipment, or infrastructure described in
175	175	33 section 8 of this chapter in connection with a multi-jurisdictional
176	176	34 infrastructure project is not required to obtain from a local
177	177	35 authority a permit, or any other land use or zoning approval, with
178	178	36 respect to the siting, construction, or deployment.
179	179	37 SECTION 2. IC 8-1-41-1, AS ADDED BY P.L.90-2022, SECTION
180	180	38 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
181	181	39 2025]: Sec. 1. (a) Except as provided in subsections (b) and (c), and
182	182	40 subject to IC 36-7-4-1109 (before its repeal), any applicable
183	183	41 provision set forth in IC 36-7-4-1700 through IC 36-7-4-1714, and
184	184	42 section 9 of this chapter, the standards set forth in sections 10 through
185	185	2025 IN 1628—LS 7758/DI 92 4
186	186	1 16 of this chapter, or standards less restrictive than the standards set
187	187	2 forth in sections 10 through 16 of this chapter, apply to a project owner
188	188	3 that, after June 30, 2022, files an initial application for a project to
189	189	4 install or locate one (1) or more wind power devices in a unit that
190	190	5 qualifies as a wind energy ready community under subsection (d).
191	191	6 (b) Subject to a unit's planning and zoning powers under IC 36-7,
192	192	7 this chapter does not apply to a property owner that seeks to install a
193	193	8 wind power device on the property owner's premises for the purpose of
194	194	9 generating electricity to meet or offset all or part of the need for
195	195	10 electricity on the premises, whether through distributed generation,
196	196	11 participation in a net metering program offered by an electricity
197	197	12 supplier (as defined in IC 8-1-40-4), or otherwise.
198	198	13 (c) Unless a standard set forth in sections 10 through 16 of this
199	199	14 chapter is already agreed to before July 1, 2022, by the parties
200	200	15 involved, the standard does not:
201	201	16 (1) apply to any proposal, request, or application that:
202	202	17 (A) concerns the permitting, construction, installation, siting,
203	203	18 modification, operation, or decommissioning of one (1) or
204	204	19 more wind power devices in a unit;
205	205	20 (B) is submitted by a project owner to a unit before July 1,
206	206	21 2022; and
207	207	22 (C) is pending approval or has been approved as of July 1,
208	208	23 2022;
209	209	24 as set forth in IC 36-7-4-1109 (before its repeal);
210	210	25 (2) affect the:
211	211	26 (A) permitting;
212	212	27 (B) construction;
213	213	28 (C) installation;
214	214	29 (D) siting;
215	215	30 (E) modification;
216	216	31 (F) operation; or
217	217	32 (G) decommissioning;
218	218	33 of one (1) or more wind power devices in a unit that before July
219	219	34 1, 2022, has approved such permitting, construction, installation,
220	220	35 siting, modification, operation, or decommissioning; or
221	221	36 (3) affect any:
222	222	37 (A) economic development agreement; or
223	223	38 (B) other agreement;
224	224	39 entered into before July 1, 2022, with respect to the permitting,
225	225	40 construction, installation, siting, modification, operation, or
226	226	41 decommissioning of one (1) or more wind power devices in one
227	227	42 (1) or more units.
228	228	2025 IN 1628—LS 7758/DI 92 5
229	229	1 (d) As used in this section, "wind energy ready community" means
230	230	2 a unit that has voluntarily adopted:
231	231	3 (1) the standards set forth in sections 10 through 16 of this
232	232	4 chapter; or
233	233	5 (2) standards less restrictive than the standards set forth in
234	234	6 sections 10 through 16 of this chapter.
235	235	7 SECTION 3. IC 8-1-41-10, AS ADDED BY P.L.90-2022,
236	236	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
237	237	9 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (h), and except as
238	238	10 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
239	239	11 applicable provision set forth in IC 36-7-4-1700 through
240	240	12 IC 36-7-4-1714, a project owner may not install or locate a wind power
241	241	13 device on property in a unit unless the distance, measured as a straight
242	242	14 line, from the vertical centerline of the base of the wind power device
243	243	15 to:
244	244	16 (1) the centerline of any:
245	245	17 (A) runway located on a public use airport, private use airport,
246	246	18 or municipal airport;
247	247	19 (B) public use highway, street, or road; or
248	248	20 (C) railroad easement or right-of-way; or
249	249	21 (2) the property line of any nonparticipating property;
250	250	22 is equal to a distance that is at least one and one-tenth (1.1) times the
251	251	23 wind power device's blade tip height, as measured from the ground to
252	252	24 the tip of the blade.
253	253	25 (b) Subject to subsection (h), and except as otherwise allowed by
254	254	26 IC 36-7-4-1109 (before its repeal) or any applicable provision set
255	255	27 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a project owner
256	256	28 may not install or locate a wind power device on property in a unit
257	257	29 unless the distance, measured as a straight line, from the vertical
258	258	30 centerline of the base of the wind power device to the nearest point on
259	259	31 the outer wall of a dwelling located on a nonparticipating property is
260	260	32 equal to a distance that is at least three (3) times the wind power
261	261	33 device's blade tip height, as measured from the ground to the tip of the
262	262	34 blade.
263	263	35 (c) Except as otherwise allowed by IC 36-7-4-1109 (before its
264	264	36 repeal) or any applicable provision set forth in IC 36-7-4-1700
265	265	37 through IC 36-7-4-1714, a project owner may not install or locate a
266	266	38 wind power device on property in a unit unless the distance, measured
267	267	39 as a straight line, from the vertical centerline of the base of the wind
268	268	40 power device to the nearest edge of the right-of-way for any utility
269	269	41 transmission or distribution line is equal to a distance that is at least
270	270	42 one and two-tenths (1.2) times the wind power device's blade tip
271	271	2025 IN 1628—LS 7758/DI 92 6
272	272	1 height, as measured from the ground to the tip of the blade.
273	273	2 (d) Except as otherwise allowed by IC 36-7-4-1109 (before its
274	274	3 repeal) or any applicable provision set forth in IC 36-7-4-1700
275	275	4 through IC 36-7-4-1714, a project owner may not install or locate a
276	276	5 wind power device on property in a unit unless the distance, measured
277	277	6 as a straight line, from the vertical centerline of the base of the wind
278	278	7 power device to the property line of any undeveloped land within the
279	279	8 unit that is zoned or platted for residential use is equal to a distance that
280	280	9 is at least two (2) times the wind power device's blade tip height, as
281	281	10 measured from the ground to the tip of the blade.
282	282	11 (e) Except as otherwise allowed by IC 36-7-4-1109 (before its
283	283	12 repeal) or any applicable provision set forth in IC 36-7-4-1700
284	284	13 through IC 36-7-4-1714, a project owner may not install or locate a
285	285	14 wind power device on property in a unit unless the distance, measured
286	286	15 as a straight line, from the vertical centerline of the base of the wind
287	287	16 power device to the property line of a state park is equal to a distance
288	288	17 of at least one (1) mile.
289	289	18 (f) A project owner may not install or locate a wind power device
290	290	19 within a county unless the distance, measured as a straight line, from
291	291	20 the vertical centerline of the base of the wind power device to the
292	292	21 corporate boundaries of any municipality within the county is equal to
293	293	22 a distance of at least one (1) mile. However, a municipality may waive
294	294	23 or reduce the minimum distance prescribed by this subsection with
295	295	24 respect to the installation of one (1) or more wind power devices.
296	296	25 (g) Except as otherwise allowed by IC 36-7-4-1109 (before its
297	297	26 repeal) or any applicable provision set forth in IC 36-7-4-1700
298	298	27 through IC 36-7-4-1714, a permit authority, with respect to the
299	299	28 permitting, construction, installation, or siting of any wind power
300	300	29 device within the unit, may not set a blade tip height limitation, through
301	301	30 a wind power regulation or otherwise, that is more restrictive than the
302	302	31 standards of the Federal Aviation Administration under 14 CFR Part 77
303	303	32 concerning the safe, efficient use and preservation of the navigable
304	304	33 airspace.
305	305	34 (h) The distance requirements set forth in subsections (a)(2) and (b)
306	306	35 may be waived with respect to the siting of any one (1) wind power
307	307	36 device, subject to the written consent of the owner of each affected
308	308	37 nonparticipating property.
309	309	38 SECTION 4. IC 8-1-41-11, AS ADDED BY P.L.90-2022,
310	310	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311	311	40 JULY 1, 2025]: Sec. 11. (a) Subject to subsection (c), and except as
312	312	41 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
313	313	42 applicable provision set forth in IC 36-7-4-1700 through
314	314	2025 IN 1628—LS 7758/DI 92 7
315	315	1 IC 36-7-4-1714, a project owner may not install or locate one (1) or
316	316	2 more wind power devices in a unit unless the project owner
317	317	3 demonstrates to the permit authority that with respect to each wind
318	318	4 power device that the project owner seeks to install or locate in the
319	319	5 unit:
320	320	6 (1) the project owner has used shadow flicker computer modeling
321	321	7 to estimate the amount of shadow flicker anticipated to be caused
322	322	8 by the wind power device; and
323	323	9 (2) the wind power device has been designed such that industry
324	324	10 standard computer modeling indicates that any dwelling on a
325	325	11 nonparticipating property within the unit will not experience more
326	326	12 than thirty (30) hours per year of shadow flicker under planned
327	327	13 operating conditions for the wind power device.
328	328	14 (b) After a project owner installs or locates a wind power device in
329	329	15 a unit, the project owner shall work with the owner of any affected
330	330	16 dwelling on a nonparticipating property to mitigate the effects of
331	331	17 shadow flicker to the extent reasonably practicable.
332	332	18 (c) The requirement set forth in subsection (a)(2) may be waived
333	333	19 with respect to any one (1) wind power device, subject to the written
334	334	20 consent of the owner of each affected nonparticipating property.
335	335	21 SECTION 5. IC 8-1-41-12, AS ADDED BY P.L.90-2022,
336	336	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337	337	23 JULY 1, 2025]: Sec. 12. Except as otherwise allowed by
338	338	24 IC 36-7-4-1109 (before its repeal) or any applicable provision set
339	339	25 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a wind power
340	340	26 device installed in a unit must be installed in a manner so as to
341	341	27 minimize and mitigate impacts to:
342	342	28 (1) television signals;
343	343	29 (2) microwave signals;
344	344	30 (3) agricultural global positioning systems;
345	345	31 (4) military defense radar;
346	346	32 (5) radio reception; or
347	347	33 (6) weather and doppler radar.
348	348	34 SECTION 6. IC 8-1-41-13, AS ADDED BY P.L.90-2022,
349	349	35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
350	350	36 JULY 1, 2025]: Sec. 13. (a) Subject to subsection (b), and except as
351	351	37 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
352	352	38 applicable provision set forth in IC 36-7-4-1700 through
353	353	39 IC 36-7-4-1714, a project owner may not install or locate a wind power
354	354	40 device in a unit unless the project owner demonstrates to the permit
355	355	41 authority that the wind power device will operate in a manner such that
356	356	42 the sound attributable to the wind power device will not exceed an
357	357	2025 IN 1628—LS 7758/DI 92 8
358	358	1 hourly average sound level of fifty (50) A-weighted decibels, as
359	359	2 modeled at the outer wall of an affected dwelling.
360	360	3 (b) The requirement set forth in subsection (a) may be waived with
361	361	4 respect to any one (1) wind power device, subject to the written consent
362	362	5 of the owner of each affected property.
363	363	6 SECTION 7. IC 8-1-41-14, AS ADDED BY P.L.90-2022,
364	364	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
365	365	8 JULY 1, 2025]: Sec. 14. (a) As used in this section, "wind turbine light
366	366	9 mitigation technology" means any technology used in connection with
367	367	10 a wind power device to shield, limit, or otherwise mitigate the amount,
368	368	11 intensity, character, or visibility of light emitted from the wind power
369	369	12 device.
370	370	13 (b) Except as otherwise allowed by IC 36-7-4-1109, after January 1,
371	371	14 2023 and before the repeal of IC 36-7-4-1109, by any applicable
372	372	15 provision set forth in IC 36-7-4-1700 through IC 36-7-4-1714, and
373	373	16 to the extent permissible under federal law or regulations, a wind
374	374	17 power device on property in a unit must be equipped with a wind
375	375	18 turbine light mitigation technology, unless:
376	376	19 (1) the Federal Aviation Administration denies the project owner's
377	377	20 application to use a wind turbine light mitigation technology;
378	378	21 (2) the wind turbine light mitigation technology application is
379	379	22 pending review by the appropriate federal agencies; or
380	380	23 (3) the project owner determines that the use of a wind turbine
381	381	24 light mitigation technology is not economically feasible.
382	382	25 SECTION 8. IC 8-1-41-15, AS ADDED BY P.L.90-2022,
383	383	26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
384	384	27 JULY 1, 2025]: Sec. 15. This section applies with respect to a wind
385	385	28 power device that is constructed or installed in a unit after June 30,
386	386	29 2022. Except as otherwise allowed by IC 36-7-4-1109 (before its
387	387	30 repeal) or any applicable provision set forth in IC 36-7-4-1700
388	388	31 through IC 36-7-4-1714, all damages to waterways, drainage ditches,
389	389	32 field tiles, or other drainage related infrastructure caused by the
390	390	33 construction, installation, or maintenance of a wind power device must
391	391	34 be completely repaired by the project owner or remedied with the
392	392	35 installation of new drainage infrastructure so as to not impede the
393	393	36 natural flow of water. All repairs must be completed within a
394	394	37 reasonable period of time and:
395	395	38 (1) to the satisfaction of the unit; and
396	396	39 (2) as stated in an applicable lease or another agreement with the
397	397	40 landowner;
398	398	41 subject to applicable federal, state, and local drainage laws and
399	399	42 regulations.
400	400	2025 IN 1628—LS 7758/DI 92 9
401	401	1 SECTION 9. IC 8-1-41-16, AS ADDED BY P.L.90-2022,
402	402	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
403	403	3 JULY 1, 2025]: Sec. 16. (a) Subject to subsection (b), and except as
404	404	4 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
405	405	5 applicable provision set forth in IC 36-7-4-1700 through
406	406	6 IC 36-7-4-1714, a project owner may not install or locate a wind power
407	407	7 device in a unit unless the project owner submits to the permit authority
408	408	8 a decommissioning and site restoration plan, and posts a surety bond,
409	409	9 or an equivalent means of security acceptable to the permit authority,
410	410	10 including a parent company guarantee or an irrevocable letter of credit,
411	411	11 but excluding cash, in an amount equal to the estimated cost of
412	412	12 decommissioning the wind power device, as calculated by a third party
413	413	13 licensed or registered engineer, or by another person with suitable
414	414	14 experience in the decommissioning of wind power devices, as agreed
415	415	15 upon by the project owner and the permit authority. The required bond
416	416	16 or other security shall be posted in increments such that the total
417	417	17 amount of the bond or security posted is as follows:
418	418	18 (1) An amount equal to twenty-five percent (25%) of the total
419	419	19 estimated decommissioning costs not later than the start date of
420	420	20 the wind power device's full commercial operation. For purposes
421	421	21 of this subdivision, the total estimated decommissioning costs
422	422	22 shall be reevaluated by a third party licensed or registered
423	423	23 engineer (or by another person with suitable experience in the
424	424	24 decommissioning of wind power devices, as agreed upon by the
425	425	25 project owner and the permit authority) in connection with the:
426	426	26 (A) fifth anniversary; and
427	427	27 (B) tenth anniversary;
428	428	28 of the start date of the wind power device's full commercial
429	429	29 operation, and the total amount of the bond or security posted
430	430	30 under this subdivision shall be adjusted as necessary after each
431	431	31 reevaluation.
432	432	32 (2) An amount equal to fifty percent (50%) of the total estimated
433	433	33 decommissioning costs not later than the fifteenth anniversary of
434	434	34 the start date of the wind power device's full commercial
435	435	35 operation. For purposes of this subdivision, the total estimated
436	436	36 decommissioning costs shall be reevaluated by a third party
437	437	37 licensed or registered engineer (or by another person with suitable
438	438	38 experience in the decommissioning of wind power devices, as
439	439	39 agreed upon by the project owner and the permit authority) in
440	440	40 connection with the fifteenth anniversary of the start date of the
441	441	41 wind power device's full commercial operation, and the total
442	442	42 amount of the bond or security posted under this subdivision shall
443	443	2025 IN 1628—LS 7758/DI 92 10
444	444	1 be adjusted as necessary after the reevaluation.
445	445	2 (3) An amount equal to one hundred percent (100%) of the total
446	446	3 estimated decommissioning costs not later than the twentieth
447	447	4 anniversary of the start date of the wind power device's full
448	448	5 commercial operation. For purposes of this subdivision, the total
449	449	6 estimated decommissioning costs shall be reevaluated by a third
450	450	7 party licensed or registered engineer (or by another person with
451	451	8 suitable experience in the decommissioning of wind power
452	452	9 devices, as agreed upon by the project owner and the permit
453	453	10 authority):
454	454	11 (A) in connection with the twentieth anniversary of the start
455	455	12 date of the wind power device's full commercial operation; and
456	456	13 (B) at least once every succeeding five (5) year period after the
457	457	14 twentieth anniversary of the start date of the wind power
458	458	15 device's full commercial operation;
459	459	16 and the total amount of the bond or security posted under this
460	460	17 subdivision shall be adjusted as necessary after each reevaluation.
461	461	18 (b) For purposes of this section, the estimated cost of
462	462	19 decommissioning a wind power device, as calculated by a licensed or
463	463	20 registered professional engineer (or by another person with suitable
464	464	21 experience in the decommissioning of wind power devices, as agreed
465	465	22 upon by the project owner and the permit authority), shall be net of any
466	466	23 estimated salvage value attributable to the wind power device at the
467	467	24 time of decommissioning, unless the unit and the project owner agree
468	468	25 to include any such value in the estimated cost.
469	469	26 SECTION 10. IC 8-1-42-1, AS ADDED BY P.L.90-2022,
470	470	27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471	471	28 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsections (b) and
472	472	29 (c), and subject to IC 36-7-4-1109 (before its repeal) or any
473	473	30 applicable provision set forth in IC 36-7-4-1700 through
474	474	31 IC 36-7-4-1714 and section 9 of this chapter, the standards set forth in
475	475	32 sections 10 through 20 of this chapter, or standards less restrictive than
476	476	33 the standards set forth in sections 10 through 20 of this chapter, apply
477	477	34 to a project owner that, after June 30, 2022, files an initial application
478	478	35 for a project to install or locate one (1) or more CSE systems in a unit
479	479	36 that qualifies as a solar energy ready community under subsection (d).
480	480	37 (b) Subject to a unit's planning and zoning powers under IC 36-7,
481	481	38 this chapter does not apply to a property owner who seeks to install a
482	482	39 solar energy device (as defined in IC 32-23-4-3) on the property
483	483	40 owner's premises for the purpose of generating electricity to meet or
484	484	41 offset all or part of the need for electricity on the premises, whether
485	485	42 through distributed generation, participation in a net metering program
486	486	2025 IN 1628—LS 7758/DI 92 11
487	487	1 offered by an electricity supplier (as defined in IC 8-1-40-4), or
488	488	2 otherwise.
489	489	3 (c) Unless a standard set forth in sections 10 through 20 of this
490	490	4 chapter is already agreed to before July 1, 2022, by the parties
491	491	5 involved, the standard does not:
492	492	6 (1) apply to any proposal, request, or application that:
493	493	7 (A) concerns the permitting, construction, installation, siting,
494	494	8 modification, operation, or decommissioning of one (1) or
495	495	9 more CSE systems in a unit;
496	496	10 (B) is submitted by a project owner to a unit before July 1,
497	497	11 2022; and
498	498	12 (C) is pending approval or has been approved as of July 1,
499	499	13 2022;
500	500	14 as set forth in IC 36-7-4-1109 (before its repeal) or any
501	501	15 applicable provision set forth in IC 36-7-4-1700 through
502	502	16 IC 36-7-4-1714;
503	503	17 (2) affect the:
504	504	18 (A) permitting;
505	505	19 (B) construction;
506	506	20 (C) installation;
507	507	21 (D) siting;
508	508	22 (E) modification;
509	509	23 (F) operation; or
510	510	24 (G) decommissioning;
511	511	25 of one (1) or more CSE systems in a unit that before July 1, 2022,
512	512	26 has approved such permitting, construction, installation, siting,
513	513	27 modification, operation, or decommissioning; or
514	514	28 (3) affect any:
515	515	29 (A) economic development agreement; or
516	516	30 (B) other agreement;
517	517	31 entered into before July 1, 2022, with respect to the permitting,
518	518	32 construction, installation, siting, modification, operation, or
519	519	33 decommissioning of one (1) or more CSE systems in one (1) or
520	520	34 more units.
521	521	35 (d) As used in this section, "solar energy ready community" means
522	522	36 a unit that has voluntarily adopted:
523	523	37 (1) the standards set forth in sections 10 through 20 of this
524	524	38 chapter; or
525	525	39 (2) standards less restrictive than the standards set forth in
526	526	40 sections 10 through 20 of this chapter.
527	527	41 SECTION 11. IC 8-1-42-10, AS ADDED BY P.L.90-2022,
528	528	42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
529	529	2025 IN 1628—LS 7758/DI 92 12
530	530	1 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (e), and except as
531	531	2 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
532	532	3 applicable provision set forth in IC 36-7-4-1700 through
533	533	4 IC 36-7-4-1714, a project owner may not install or locate a CSE system
534	534	5 on property in a unit unless the distance, measured as a straight line,
535	535	6 from the nearest outer edge of the CSE system's solar panels to:
536	536	7 (1) the nearest edge of the right-of-way for any:
537	537	8 (A) federal interstate highway, federal highway, state highway,
538	538	9 or county highway is at least forty (40) feet;
539	539	10 (B) collector road is at least thirty (30) feet; or
540	540	11 (C) local road is at least ten (10) feet; or
541	541	12 (2) the property line of any nonparticipating property is at least
542	542	13 fifty (50) feet.
543	543	14 (b) Subject to subsection (e), and except as otherwise allowed by
544	544	15 IC 36-7-4-1109 (before its repeal) or any applicable provision set
545	545	16 forth in IC 36-7-4-1700 through IC 39-7-4-1714, a project owner
546	546	17 may not install or locate a CSE system on property in a unit unless the
547	547	18 distance, measured as a straight line, from the nearest outer edge of the
548	548	19 CSE system's solar panels to the nearest point on the outer wall of a
549	549	20 dwelling located on a nonparticipating property is at least two hundred
550	550	21 fifty (250) feet.
551	551	22 (c) Subject to subsection (e), and except as otherwise allowed by
552	552	23 IC 36-7-4-1109 (before its repeal) or any applicable provision set
553	553	24 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
554	554	25 installs a CSE system within a distance of two hundred fifty (250) feet,
555	555	26 measured as a straight line, from the nearest outer edge of the CSE
556	556	27 system's solar panels to the nearest point on the outer wall of a dwelling
557	557	28 located on a nonparticipating property, the project owner shall install
558	558	29 a landscape buffer in the area between the nearest outer edge of the
559	559	30 CSE system's solar panels and the nonparticipating property owner's
560	560	31 property line that faces the CSE system's solar panels. The landscape
561	561	32 buffer must be:
562	562	33 (1) in a location that is not on the property of the nonparticipating
563	563	34 property owner; and
564	564	35 (2) constructed from such materials;
565	565	36 as set forth in a plan submitted to the unit during the permitting and
566	566	37 approval process for the CSE system.
567	567	38 (d) Except as otherwise allowed by IC 36-7-4-1109 (before its
568	568	39 repeal) or any applicable provision set forth in IC 36-7-4-1700
569	569	40 through IC 36-7-4-1714, a project owner may not install or locate a
570	570	41 CSE system on property in a unit unless the height of the CSE system
571	571	42 solar panels are not more than twenty-five (25) feet above ground level
572	572	2025 IN 1628—LS 7758/DI 92 13
573	573	1 when the CSE system's arrays are at full tilt. However, a permit
574	574	2 authority or a unit may not impose a clearance requirement between the
575	575	3 ground and the bottom edge of a CSE system's solar panels.
576	576	4 (e) The:
577	577	5 (1) distance requirements set forth in subsection (a)(2) and
578	578	6 subsection (b); and
579	579	7 (2) requirement for the installation of a landscape buffer set forth
580	580	8 in subsection (c);
581	581	9 may be waived with respect to the siting of any one (1) CSE system,
582	582	10 subject to the written consent of the owner of each affected
583	583	11 nonparticipating property.
584	584	12 SECTION 12. IC 8-1-42-11, AS ADDED BY P.L.90-2022,
585	585	13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
586	586	14 JULY 1, 2025]: Sec. 11. Except as otherwise allowed by
587	587	15 IC 36-7-4-1109 (before its repeal) or any applicable provision set
588	588	16 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
589	589	17 installs a CSE system in a unit, the project owner shall plant, establish,
590	590	18 and maintain for the life of the CSE system perennial vegetated ground
591	591	19 cover on the ground around and under solar panels, and in project site
592	592	20 buffer areas. The use of pollinator seed mixes in the planting of ground
593	593	21 cover required by this section is encouraged. A unit or permit authority
594	594	22 may require a project owner to prepare for a project site a vegetation
595	595	23 plan that:
596	596	24 (1) is compatible with each CSE system on the project site;
597	597	25 (2) provides for the planting of noninvasive species and the use
598	598	26 of native or naturalized species if the planting and use of
599	599	27 noninvasive and native or naturalized species are:
600	600	28 (A) appropriate to the region;
601	601	29 (B) economically feasible; and
602	602	30 (C) agreed to by the landowner;
603	603	31 in order to reduce storm water runoff and erosion at the site and
604	604	32 to provide habitat for wildlife and insects; and
605	605	33 (3) provides for site preparation and maintenance practices
606	606	34 designed to control invasive species and noxious weeds (as
607	607	35 defined in IC 15-16-7-2).
608	608	36 SECTION 13. IC 8-1-42-12, AS ADDED BY P.L.90-2022,
609	609	37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
610	610	38 JULY 1, 2025]: Sec. 12. Except as otherwise allowed by
611	611	39 IC 36-7-4-1109 (before its repeal) or any applicable provision set
612	612	40 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
613	613	41 installs a CSE system in a unit, the project owner shall completely
614	614	42 enclose the CSE system with fencing that is at least six (6) feet high.
615	615	2025 IN 1628—LS 7758/DI 92 14
616	616	1 SECTION 14. IC 8-1-42-13, AS ADDED BY P.L.90-2022,
617	617	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
618	618	3 JULY 1, 2025]: Sec. 13. Except as otherwise allowed by
619	619	4 IC 36-7-4-1109 (before its repeal) or any applicable provision set
620	620	5 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
621	621	6 installs a CSE system in a unit, all cables of up to thirty-four and
622	622	7 one-half (34.5) kilovolts that are located between inverter locations and
623	623	8 project substations shall be located and maintained underground, as
624	624	9 feasible. Other solar infrastructure, such as module-to-module
625	625	10 collection cables, transmission lines, substations, junction boxes, and
626	626	11 other typical aboveground infrastructure may be located and
627	627	12 maintained above ground. Buried cables shall be at a depth of at least
628	628	13 thirty-six (36) inches below grade or, if necessitated by onsite
629	629	14 conditions, at a greater depth. Cables and lines located outside of the
630	630	15 CSE system project site may:
631	631	16 (1) be located above ground; or
632	632	17 (2) in the case of cables or lines of up to thirty-four and one-half
633	633	18 (34.5) kilovolts, be buried underground at:
634	634	19 (A) a depth of at least forty-eight (48) inches below grade, so
635	635	20 as to not interfere with drainage tile or ditch repairs; or
636	636	21 (B) another depth, as necessitated by conditions;
637	637	22 as determined in consultation with the landowner.
638	638	23 SECTION 15. IC 8-1-42-14, AS ADDED BY P.L.90-2022,
639	639	24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
640	640	25 JULY 1, 2025]: Sec. 14. Except as otherwise allowed by
641	641	26 IC 36-7-4-1109 (before its repeal) or any applicable provision set
642	642	27 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a CSE system
643	643	28 installed by a project owner must be designed and constructed to:
644	644	29 (1) minimize glare on adjacent properties and roadways; and
645	645	30 (2) not interfere with vehicular traffic, including air traffic.
646	646	31 SECTION 16. IC 8-1-42-15, AS ADDED BY P.L.90-2022,
647	647	32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
648	648	33 JULY 1, 2025]: Sec. 15. Except as otherwise allowed by
649	649	34 IC 36-7-4-1109 (before its repeal) or any applicable provision set
650	650	35 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a CSE system
651	651	36 installed in a unit must be installed in a manner so as to minimize and
652	652	37 mitigate impacts to:
653	653	38 (1) television signals;
654	654	39 (2) microwave signals;
655	655	40 (3) agricultural global positioning systems;
656	656	41 (4) military defense radar;
657	657	42 (5) radio reception; or
658	658	2025 IN 1628—LS 7758/DI 92 15
659	659	1 (6) weather and doppler radar.
660	660	2 SECTION 17. IC 8-1-42-16, AS ADDED BY P.L.90-2022,
661	661	3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
662	662	4 JULY 1, 2025]: Sec. 16. (a) Subject to subsection (b), and except as
663	663	5 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
664	664	6 applicable provision set forth in IC 36-7-4-1700 through
665	665	7 IC 36-7-4-1714, a project owner may not install or locate a CSE system
666	666	8 in a unit unless the project owner demonstrates to the permit authority
667	667	9 that the CSE system will operate in a manner such that the sound
668	668	10 attributable to the CSE system will not exceed an hourly average sound
669	669	11 level of fifty (50) A-weighted decibels, as modeled at the outer wall of
670	670	12 a dwelling located on an adjacent nonparticipating property.
671	671	13 (b) The requirement set forth in subsection (a) may be waived with
672	672	14 respect to any one (1) CSE system, subject to the written consent of the
673	673	15 owner of each adjacent nonparticipating property.
674	674	16 SECTION 18. IC 8-1-42-17, AS ADDED BY P.L.90-2022,
675	675	17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
676	676	18 JULY 1, 2025]: Sec. 17. This section applies with respect to a CSE
677	677	19 system that is constructed or installed in a unit after June 30, 2022.
678	678	20 Except as otherwise allowed by IC 36-7-4-1109 (before its repeal) or
679	679	21 any applicable provision set forth in IC 36-7-4-1700 through
680	680	22 IC 36-7-4-1714, all damages to waterways, drainage ditches, field tiles,
681	681	23 or other drainage related infrastructure caused by the construction,
682	682	24 installation, or maintenance of a CSE system must be completely
683	683	25 repaired by the project owner or remedied with the installation of new
684	684	26 drainage infrastructure so as to not impede the natural flow of water.
685	685	27 All repairs must be completed within a reasonable period of time and:
686	686	28 (1) to the satisfaction of the unit; and
687	687	29 (2) as stated in an applicable lease or another agreement with the
688	688	30 landowner;
689	689	31 subject to applicable federal, state, and local drainage laws and
690	690	32 regulations.
691	691	33 SECTION 19. IC 8-1-42-18, AS ADDED BY P.L.90-2022,
692	692	34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
693	693	35 JULY 1, 2025]: Sec. 18. (a) Subject to subsection (b), and except as
694	694	36 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
695	695	37 applicable provision set forth in IC 36-7-4-1700 through
696	696	38 IC 36-7-4-1714, a project owner may not install or locate a CSE system
697	697	39 in a unit unless the project owner submits to the permit authority a
698	698	40 decommissioning and site restoration plan, and posts a surety bond, or
699	699	41 an equivalent means of security acceptable to the permit authority,
700	700	42 including a parent company guarantee or an irrevocable letter of credit,
701	701	2025 IN 1628—LS 7758/DI 92 16
702	702	1 but excluding cash, in an amount equal to the estimated cost of
703	703	2 decommissioning the CSE system, as calculated by a third party
704	704	3 licensed or registered engineer or by another person with suitable
705	705	4 experience in the decommissioning of CSE systems, as agreed upon by
706	706	5 the project owner and the permit authority. The required bond or other
707	707	6 security shall be posted in increments such that the total amount of the
708	708	7 bond or security posted is as follows:
709	709	8 (1) An amount equal to twenty-five percent (25%) of the total
710	710	9 estimated decommissioning costs not later than the start date of
711	711	10 the CSE system's full commercial operation.
712	712	11 (2) An amount equal to fifty percent (50%) of the total estimated
713	713	12 decommissioning costs not later than the fifth anniversary of the
714	714	13 start date of the CSE system's full commercial operation.
715	715	14 (3) An amount equal to one hundred percent (100%) of the total
716	716	15 estimated decommissioning costs not later than the tenth
717	717	16 anniversary of the start date of the CSE system's full commercial
718	718	17 operation. For purposes of this subdivision, the total estimated
719	719	18 decommissioning costs shall be reevaluated by a third party
720	720	19 licensed or registered engineer (or by another person with suitable
721	721	20 experience in the decommissioning of CSE systems, as agreed
722	722	21 upon by the project owner and the permit authority):
723	723	22 (A) in connection with the tenth anniversary of the start date
724	724	23 of the CSE system's full commercial operation; and
725	725	24 (B) at least once every succeeding five (5) year period after the
726	726	25 tenth anniversary of the start date of the CSE system's full
727	727	26 commercial operation;
728	728	27 and the total amount of the bond or security posted under this
729	729	28 subdivision shall be adjusted as necessary after each reevaluation.
730	730	29 (b) For purposes of this section, the estimated cost of
731	731	30 decommissioning a CSE system, as calculated by a licensed or
732	732	31 registered professional engineer (or by another person with suitable
733	733	32 experience in the decommissioning of CSE systems, as agreed upon by
734	734	33 the project owner and the permit authority), shall be net of any
735	735	34 estimated salvage value attributable to the CSE system at the time of
736	736	35 decommissioning, unless the unit and the project owner agree to
737	737	36 include any such value in the estimated cost.
738	738	37 (c) A project owner shall provide to the permit authority written
739	739	38 notice of the project owner's intent to decommission a CSE system not
740	740	39 later than sixty (60) days before the discontinuation of commercial
741	741	40 operation by the CSE system. Except as provided in subsection (e),
742	742	41 after the discontinuation of commercial operation by the CSE system,
743	743	42 and as part of the decommissioning process:
744	744	2025 IN 1628—LS 7758/DI 92 17
745	745	1 (1) all structures, foundations, roads, gravel areas, and cables
746	746	2 associated with the project shall be removed to a depth of at least
747	747	3 thirty-six (36) inches below grade; and
748	748	4 (2) the ground shall be restored to a condition reasonably similar
749	749	5 to its condition before the start of construction activities in
750	750	6 connection with the CSE system project.
751	751	7 (d) Except as provided in subsection (e), if the project owner fails
752	752	8 to remove all CSE system project assets not later than one (1) year after
753	753	9 the proposed date of final decommissioning, as set forth in the notice
754	754	10 to the permit authority under subsection (c), the permit authority may
755	755	11 engage qualified contractors to:
756	756	12 (1) enter the project site;
757	757	13 (2) remove the CSE system project assets;
758	758	14 (3) sell any assets removed; and
759	759	15 (4) remediate the site;
760	760	16 and may initiate proceedings to recover any costs incurred.
761	761	17 (e) Project assets may remain in place after decommissioning is
762	762	18 complete if:
763	763	19 (1) the location and condition of the assets conform with local
764	764	20 regulations at the time of decommissioning; and
765	765	21 (2) the written consent of the landowner is obtained.
766	766	22 SECTION 20. IC 14-11-1-10, AS ADDED BY P.L.191-2023,
767	767	23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
768	768	24 JULY 1, 2025]: Sec. 10. The department shall coordinate with local
769	769	25 governmental agencies (as defined in IC 36-7-4-1109(a), before its
770	770	26 repeal, or a local authority (as defined by IC 36-7-4-1706), for
771	771	27 purposes of the permit process described in IC 36-1-29-16.
772	772	28 SECTION 21. IC 36-1-27-2, AS ADDED BY P.L.3-2019,
773	773	29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
774	774	30 JULY 1, 2025]: Sec. 2. As used in this chapter, "permit" has the
775	775	31 meaning set forth in IC 36-7-4-1109(b) (before its repeal) and
776	776	32 IC 36-7-4-1707.
777	777	33 SECTION 22. IC 36-1-29-4, AS ADDED BY P.L.164-2020,
778	778	34 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
779	779	35 JULY 1, 2025]: Sec. 4. As used in this chapter, "local governmental
780	780	36 agency" has the meaning set forth in IC 36-7-4-1109(a) (before its
781	781	37 repeal). The term includes a local authority (as defined by
782	782	38 IC 36-7-4-1706).
783	783	39 SECTION 23. IC 36-1-29-7, AS ADDED BY P.L.164-2020,
784	784	40 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
785	785	41 JULY 1, 2025]: Sec. 7. As used in this chapter, "permit" has the
786	786	42 meaning set forth in IC 36-7-4-1109(b) (before its repeal) and
787	787	2025 IN 1628—LS 7758/DI 92 18
788	788	1 IC 36-7-4-1707.
789	789	2 SECTION 24. IC 36-7-4-402, AS AMENDED BY P.L.126-2011,
790	790	3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
791	791	4 JULY 1, 2025]: Sec. 402. (a) ADVISORY. Each advisory plan
792	792	5 commission shall prescribe the qualifications of, appoint, remove, and
793	793	6 fix the compensation of the employees of the commission, which
794	794	7 compensation must conform to salaries and compensations fixed before
795	795	8 that time by the fiscal body of the county or municipality, as the case
796	796	9 may be. The commission shall delegate authority to its employees to
797	797	10 perform ministerial acts in all cases except where final action of the
798	798	11 commission or a board of zoning appeals is required by law.
799	799	12 (b) AREA. Each area plan commission shall prescribe the
800	800	13 qualifications of, and with the consent of the executive director, fix the
801	801	14 compensation of the employees of the planning department, which
802	802	15 compensation must conform to salaries and compensations fixed before
803	803	16 that time by the county fiscal body. The commission shall delegate
804	804	17 authority to its employees to perform ministerial acts in all cases except
805	805	18 where final action of the commission or a board of zoning appeals is
806	806	19 required by law.
807	807	20 (c) METRO. The metropolitan development commission shall
808	808	21 delegate authority to employees of the department of metropolitan
809	809	22 development to perform ministerial acts in all cases except where final
810	810	23 action of the commission or a board of zoning appeals is required by
811	811	24 law.
812	812	25 (d) The plan commission may delegate to a hearing examiner or a
813	813	26 committee of the commission the authority to conduct any public
814	814	27 hearing required to be held by the commission or make any decision
815	815	28 required to be made by the commission, or both. However, only a plat
816	816	29 committee appointed under section 701(e) of this chapter may be
817	817	30 delegated the authority to make decisions under the 700 series of this
818	818	31 chapter. Such a hearing must be held upon the same notice and under
819	819	32 the same rules as a hearing before the entire commission, and the
820	820	33 examiner or committee shall report findings of fact and
821	821	34 recommendations for decision to the commission or make the decision
822	822	35 on behalf of the commission. A decision made under the authority of
823	823	36 this subsection may not be a basis for judicial review, but it may be
824	824	37 appealed to the plan commission. An interested person who wishes to
825	825	38 appeal a decision made under the authority of this subsection must file
826	826	39 the appeal not later than five (5) days after the date the decision is
827	827	40 made, and the plan commission shall then hold the prescribed hearing
828	828	41 and render its decision.
829	829	42 (e) METRO. The metropolitan development commission may
830	830	2025 IN 1628—LS 7758/DI 92 19
831	831	1 designate a historic preservation commission created under
832	832	2 IC 36-7-11.1-3 to conduct the public hearing required to be held by the
833	833	3 metropolitan development commission under the 600 series of this
834	834	4 chapter relative to the territory included in a historic area or historic
835	835	5 zoning district created under IC 36-7-11.1-6. The hearing must be held
836	836	6 upon the same notice and under the same rules as a hearing before the
837	837	7 metropolitan development commission. The historic preservation
838	838	8 commission shall report to the metropolitan development commission
839	839	9 the historic preservation commission's findings of fact and
840	840	10 recommendations for decision. The metropolitan development
841	841	11 commission shall by rule provide reasonable opportunity for interested
842	842	12 persons to file exceptions to the findings and recommendations. If an
843	843	13 exception is filed in accordance with the rules, the metropolitan
844	844	14 development commission shall hold the prescribed hearing. If an
845	845	15 exception is not filed, the metropolitan development commission shall
846	846	16 render a decision without further hearing. However, this subsection
847	847	17 does not eliminate the need for a historic preservation commission to
848	848	18 issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the
849	849	19 approval of a rezoning by the metropolitan development commission.
850	850	20 (f) Notwithstanding any other law, a local authority (as defined
851	851	21 in section 1706 of this chapter) must issue a permit for which
852	852	22 approval is ministerial under this section to a person not later than
853	853	23 twelve (12) business days after the person has:
854	854	24 (1) filed a complete permit application correcting any defects
855	855	25 as provided in section 1710 of this chapter; and
856	856	26 (2) met all conditions required:
857	857	27 (A) under this chapter; and
858	858	28 (B) any other statute.
859	859	29 SECTION 25. IC 36-7-4-601.5 IS ADDED TO THE INDIANA
860	860	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
861	861	31 [EFFECTIVE JULY 1, 2025]: Sec. 601.5. The following provision is
862	862	32 considered to be included in any regulation adopted under section
863	863	33 601(d)(2)(B) of this series that sets forth requirements for signs:
864	864	34 "The owner of any sign that is otherwise allowed by this
865	865	35 regulation may substitute noncommercial copy in place of any
866	866	36 other commercial or noncommercial copy. This substitution
867	867	37 of copy may be made without the issuance of any additional
868	868	38 permit by a local government agency. The purpose of this
869	869	39 provision is to prevent any inadvertent favoring of
870	870	40 commercial speech over noncommercial speech, or the
871	871	41 favoring of any particular noncommercial message over any
872	872	42 other noncommercial message. This provision prevails over
873	873	2025 IN 1628—LS 7758/DI 92 20
874	874	1 any more specific provision in this regulation to the
875	875	2 contrary.".
876	876	3 SECTION 26. IC 36-7-4-702, AS AMENDED BY P.L.126-2011,
877	877	4 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
878	878	5 JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
879	879	6 approval of a plat, the plan commission (or plat committee acting on
880	880	7 the commission's behalf) shall determine if the plat or subdivision
881	881	8 qualifies for primary approval under the standards prescribed by the
882	882	9 subdivision control ordinance.
883	883	10 (b) The subdivision control ordinance must specify the standards for
884	884	11 determining whether a plat qualifies for primary approval. The
885	885	12 ordinance must include standards for:
886	886	13 (1) minimum width, depth, and area of lots in the subdivision;
887	887	14 (2) public way widths, grades, curves, and the coordination of
888	888	15 subdivision public ways with current and planned public ways;
889	889	16 and
890	890	17 (3) the extension of water, sewer, and other municipal services.
891	891	18 The ordinance may also include standards for the allocation of areas to
892	892	19 be used as public ways, parks, schools, public and semipublic
893	893	20 buildings, homes, businesses, and utilities, and any other standards
894	894	21 related to the purposes of this chapter.
895	895	22 (c) The standards fixed in the subdivision control ordinance under
896	896	23 subsection (b) may be waived at the discretion of the plan commission
897	897	24 (or plat committee acting on the commission's behalf); however, to be
898	898	25 approved, the plat must still meet all applicable standards prescribed
899	899	26 in the zoning ordinance (other than standards modified by variance in
900	900	27 accordance with the 900 series of this chapter). As a condition of
901	901	28 granting a waiver under this subsection, the commission or committee
902	902	29 may allow or require a commitment to be made under section 1015 of
903	903	30 this chapter.
904	904	31 (d) As a condition of primary approval of a plat, the commission or
905	905	32 committee may specify:
906	906	33 (1) the manner in which public ways shall be laid out, graded, and
907	907	34 improved;
908	908	35 (2) a provision for water, sewage, and other utility services;
909	909	36 (3) a provision for lot size, number, and location;
910	910	37 (4) a provision for drainage design; and
911	911	38 (5) a provision for other services as specified in the subdivision
912	912	39 control ordinance.
913	913	40 (e) The subdivision control ordinance may not regulate
914	914	41 condominiums regulated by IC 32-25.
915	915	42 (f) A subdivision control ordinance must require a unit to use
916	916	2025 IN 1628—LS 7758/DI 92 21
917	917	1 data from the:
918	918	2 (1) unit's one hundred (100) year flood map; and
919	919	3 (2) National Oceanic and Atmospheric Administration Atlas
920	920	4 14 Precipitation-Frequency Atlas of the United States (2004);
921	921	5 to calculate and regulate storm water runoff from a developed or
922	922	6 undeveloped plat. A unit may not use data from another state.
923	923	7 SECTION 27. IC 36-7-4-703 IS AMENDED TO READ AS
924	924	8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
925	925	9 desiring the approval of a plat shall submit a written application for
926	926	10 approval in accordance with procedures prescribed by the legislative
927	927	11 body in the subdivision control ordinance.
928	928	12 (b) If a subdivision control ordinance requires a plat committee
929	929	13 to review an application, the plat committee shall take action on
930	930	14 the application not later than thirty (30) days after the day on
931	931	15 which a person submits the plat application. Before the plat
932	932	16 committee may take any action on the application, the plat
933	933	17 committee must meet with all necessary individuals, including the
934	934	18 applicant's representative, within this thirty (30) day period.
935	935	19 SECTION 28. IC 36-7-4-705 IS AMENDED TO READ AS
936	936	20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
937	937	21 application for primary approval, the plan commission staff shall
938	938	22 review the application for technical conformity with the standards fixed
939	939	23 in the subdivision control ordinance. Within fifteen (15) days after
940	940	24 submission of an application, the staff shall notify the applicant of
941	941	25 all defects in the application. Within thirty (30) days after receipt, the
942	942	26 staff shall announce the date for a hearing before the plan commission
943	943	27 or plat committee and provide for notice in accordance with section
944	944	28 706 of this chapter. The plan commission shall, by rule, prescribe
945	945	29 procedures for setting hearing dates and for the conduct of hearings. A
946	946	30 public hearing shall be scheduled not later than sixty (60) days
947	947	31 after a person files an application.
948	948	32 SECTION 29. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
949	949	33 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
950	950	34 JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
951	951	35 or plat committee determines that the application and plat comply with
952	952	36 the standards in the subdivision control ordinance, the commission or
953	953	37 committee shall make written findings and a decision granting primary
954	954	38 approval to the plat. This decision, which must also specify any
955	955	39 condition imposed or waiver granted under section 702 of this chapter,
956	956	40 must be signed by an official designated in the subdivision control
957	957	41 ordinance.
958	958	42 (b) If, after the hearing, the plan commission or plat committee
959	959	2025 IN 1628—LS 7758/DI 92 22
960	960	1 disapproves the plat, the commission or committee shall make written
961	961	2 findings that set forth its reasons and a decision denying primary
962	962	3 approval and shall provide the applicant with a copy of the written
963	963	4 findings, including the deficiencies of the application, within fifteen
964	964	5 (15) days of the plan commission or plat committee's final decision.
965	965	6 This decision must be signed by the official designated in the
966	966	7 subdivision control ordinance.
967	967	8 (c) If a plan commission or plat committee fails to make written
968	968	9 findings and a decision granting or denying primary approval to
969	969	10 a plat not later than sixty (60) days after a public hearing, then the
970	970	11 plat is considered to have received primary approval.
971	971	12 (c) (d) This section applies to any subdivision of land, whether or
972	972	13 not it is exempted from the notice and hearing requirements of this
973	973	14 series under section 701(d) of this chapter.
974	974	15 SECTION 30. IC 36-7-4-801.5 IS ADDED TO THE INDIANA
975	975	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
976	976	17 [EFFECTIVE JULY 1, 2025]: Sec. 801.5. The provisions of the 1700
977	977	18 series apply to the issuance of an improvement location permit.
978	978	19 SECTION 31. IC 36-7-4-802.5 IS ADDED TO THE INDIANA
979	979	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
980	980	21 [EFFECTIVE JULY 1, 2025]: Sec. 802.5. Notwithstanding any other
981	981	22 law, a local authority (as defined in section 1706 of this chapter)
982	982	23 must issue an improvement location permit issued under this series
983	983	24 to a person not later than twelve (12) business days after the person
984	984	25 has:
985	985	26 (1) filed a complete permit application, correcting any defects
986	986	27 as provided in section 1710 of this chapter; and
987	987	28 (2) met all conditions required:
988	988	29 (A) under this chapter; and
989	989	30 (B) any other statute.
990	990	31 SECTION 32. IC 36-7-4-1109 IS REPEALED [EFFECTIVE JULY
991	991	32 1, 2025]. Sec. 1109. (a) As used in this section, "local governmental
992	992	33 agency" includes any agency, officer, board, or commission of a local
993	993	34 unit of government that may issue:
994	994	35 (1) a permit; or
995	995	36 (2) an approval of a land use or an approval for the construction
996	996	37 of a development, a building, or another structure.
997	997	38 (b) As used in this section, "permit" means any of the following:
998	998	39 (1) An improvement location permit.
999	999	40 (2) A building permit.
1000	1000	41 (3) A certificate of occupancy.
1001	1001	42 (4) Approval of a site-specific development plan.
1002	1002	2025 IN 1628—LS 7758/DI 92 23
1003	1003	1 (5) Approval of a primary or secondary plat.
1004	1004	2 (6) Approval of a contingent use, conditional use, special
1005	1005	3 exception or special use.
1006	1006	4 (7) Approval of a planned unit development.
1007	1007	5 (c) If a person files a complete application as required by the
1008	1008	6 effective ordinances or rules of a local unit of government or a local
1009	1009	7 governmental agency for a permit with the appropriate local
1010	1010	8 governmental agency, the granting of the permit, and the granting of
1011	1011	9 any secondary, additional, or related permits or approvals required
1012	1012	10 from the same local governmental agency with respect to the general
1013	1013	11 subject matter of the application for the first permit, are governed for
1014	1014	12 at least three (3) years after the person applies for the permit by the
1015	1015	13 statutes, ordinances, rules, development standards, and regulations in
1016	1016	14 effect and applicable to the property when the application is filed, even
1017	1017	15 if before the issuance of the permit or while the permit approval
1018	1018	16 process is pending, or before the issuance of any secondary, additional,
1019	1019	17 or related permits or approvals or while the secondary, additional, or
1020	1020	18 related permit or approval process is pending, the statutes, ordinances,
1021	1021	19 rules, development standards, or regulations governing the granting of
1022	1022	20 the permit or approval are changed by the general assembly or the
1023	1023	21 applicable local legislative body or regulatory body, regardless of
1024	1024	22 whether such changes in the statutes, ordinances, rules, development
1025	1025	23 standards, or regulations are part of a zoning ordinance, a subdivision
1026	1026	24 control ordinance, or a statute, ordinance, or regulation that is based on
1027	1027	25 the general police powers of the local unit of government. However,
1028	1028	26 this subsection does not apply if the development or other activity to
1029	1029	27 which the permit relates is not completed within ten (10) years after the
1030	1030	28 development or activity is commenced.
1031	1031	29 (d) Subsection (e) applies if:
1032	1032	30 (1) either:
1033	1033	31 (A) a local governmental agency issues to a person a permit or
1034	1034	32 grants a person approval for the construction of a
1035	1035	33 development, a building, or another structure; or
1036	1036	34 (B) a permit or approval is not required from the local
1037	1037	35 governmental agency for the construction of the development,
1038	1038	36 building, or structure;
1039	1039	37 (2) before beginning the construction of the development,
1040	1040	38 building, or structure, the person must obtain a permit or approval
1041	1041	39 for the construction of the development, building, or structure
1042	1042	40 from a state governmental agency; and
1043	1043	41 (3) the person has applied for the permit or requested the approval
1044	1044	42 for the construction of the development, building, or structure
1045	1045	2025 IN 1628—LS 7758/DI 92 24
1046	1046	1 from the state governmental agency within ninety (90) days of
1047	1047	2 issuance of the permit by the local governmental agency.
1048	1048	3 (e) Subject to subsection (f), if the conditions of subsection (d) are
1049	1049	4 satisfied:
1050	1050	5 (1) a permit or approval issued or granted to a person by the local
1051	1051	6 governmental agency for the construction of the development,
1052	1052	7 building, or structure; or
1053	1053	8 (2) the person's right to construct the development, building, or
1054	1054	9 structure without a permit or approval from the local
1055	1055	10 governmental agency;
1056	1056	11 is governed for at least three (3) years after the person applies for the
1057	1057	12 permit by the statutes, ordinances, rules, development standards,
1058	1058	13 regulations, and approvals in effect and applicable to the property when
1059	1059	14 the person applies for the permit or requests approval from the state
1060	1060	15 governmental agency for the construction of the development, building,
1061	1061	16 or structure, even if before the commencement of the construction or
1062	1062	17 while the permit application or approval request is pending with the
1063	1063	18 state governmental agency the statutes governing the granting of the
1064	1064	19 permit or approval from the local governmental agency are changed by
1065	1065	20 the general assembly or the ordinances, rules, development standards,
1066	1066	21 or regulations of the local unit of government or the local governmental
1067	1067	22 agency are changed by the applicable local legislative body or
1068	1068	23 regulatory body, regardless of whether such changes in the statutes,
1069	1069	24 ordinances, rules, development standards, or regulations are part of a
1070	1070	25 zoning ordinance, a subdivision control ordinance, or a statute,
1071	1071	26 ordinance, or regulation that is based on the general police powers of
1072	1072	27 the local unit of government. However, this subsection does not apply
1073	1073	28 if the development or other activity to which the permit or approval
1074	1074	29 request relates is not completed within ten (10) years after the
1075	1075	30 development or activity is commenced.
1076	1076	31 (f) Subsection (d) does not apply to property when it is
1077	1077	32 demonstrated by the local or state governmental agency that the
1078	1078	33 construction of the development, building, or structure would cause
1079	1079	34 imminent peril to life or property.
1080	1080	35 (g) This section does not apply to building codes under IC 22-13.
1081	1081	36 (h) The following provision is considered to be included in any
1082	1082	37 regulation adopted under section 601(d)(2)(B) of this chapter that sets
1083	1083	38 forth requirements for signs:
1084	1084	39 "The owner of any sign that is otherwise allowed by this
1085	1085	40 regulation may substitute noncommercial copy in place of any
1086	1086	41 other commercial or noncommercial copy. This substitution of
1087	1087	42 copy may be made without the issuance of any additional permit
1088	1088	2025 IN 1628—LS 7758/DI 92 25
1089	1089	1 by a local government agency. The purpose of this provision is to
1090	1090	2 prevent any inadvertent favoring of commercial speech over
1091	1091	3 noncommercial speech, or the favoring of any particular
1092	1092	4 noncommercial message over any other noncommercial message.
1093	1093	5 This provision prevails over any more specific provision in this
1094	1094	6 regulation to the contrary.".
1095	1095	7 (i) Notwithstanding any other law, a local governmental agency
1096	1096	8 must, not later than twelve (12) business days after a person has filed
1097	1097	9 a complete application for a permit for which approval is ministerial
1098	1098	10 under IC 36-7-4-402 or an improvement location permit issued under
1099	1099	11 the 800 series of this chapter and meets all conditions required under
1100	1100	12 this chapter and any other statute, issue the permit to the person.
1101	1101	13 SECTION 33. IC 36-7-4-1700 IS ADDED TO THE INDIANA
1102	1102	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
1103	1103	15 [EFFECTIVE JULY 1, 2025]: Sec. 1700. This series (sections 1700
1104	1104	16 through 1714 of this chapter) may be cited as follows: 1700
1105	1105	17 SERIES-DEVELOPER'S RIGHTS.
1106	1106	18 SECTION 34. IC 36-7-4-1701 IS ADDED TO THE INDIANA
1107	1107	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1108	1108	20 [EFFECTIVE JULY 1, 2025]: Sec. 1701. As used in this series,
1109	1109	21 "actual construction" means that:
1110	1110	22 (1) construction materials are being permanently placed; and
1111	1111	23 (2) construction work is proceeding without undue delay.
1112	1112	24 SECTION 35. IC 36-7-4-1702 IS ADDED TO THE INDIANA
1113	1113	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
1114	1114	26 [EFFECTIVE JULY 1, 2025]: Sec. 1702. As used in this series,
1115	1115	27 "applicant" means any person applying to a local authority for a
1116	1116	28 permit or approval.
1117	1117	29 SECTION 36. IC 36-7-4-1703 IS ADDED TO THE INDIANA
1118	1118	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
1119	1119	31 [EFFECTIVE JULY 1, 2025]: Sec. 1703. As used in this series,
1120	1120	32 "development agreement" means a contract entered into between
1121	1121	33 a person and a local authority regarding development of the
1122	1122	34 property that is executed after June 30, 2025.
1123	1123	35 SECTION 37. IC 36-7-4-1704 IS ADDED TO THE INDIANA
1124	1124	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
1125	1125	37 [EFFECTIVE JULY 1, 2025]: Sec. 1704. As used in this series,
1126	1126	38 "extraordinary event" means a circumstance that is:
1127	1127	39 (1) unforeseen; and
1128	1128	40 (2) not within the reasonable control of a party, including the
1129	1129	41 following:
1130	1130	42 (A) Fire, flood, tornado, or other natural disasters or acts
1131	1131	2025 IN 1628—LS 7758/DI 92 26
1132	1132	1 of God.
1133	1133	2 (B) War, civil strife, a terrorist attack, or other similar acts
1134	1134	3 of violence.
1135	1135	4 (C) Unavailability of materials, equipment, services, or
1136	1136	5 labor, including unavailability due to ongoing global
1137	1137	6 supply chain shortages.
1138	1138	7 (D) Utility or energy shortages or acts or omissions of
1139	1139	8 public utility providers.
1140	1140	9 (E) Unexpected or extensive delays in procuring required
1141	1141	10 permits, zoning, or other approvals necessary to perform
1142	1142	11 a party's obligations.
1143	1143	12 (F) Any delay resulting from a pandemic, epidemic, or
1144	1144	13 other public health emergency or related restrictions.
1145	1145	14 (G) Litigation initiated by a third party against the
1146	1146	15 development.
1147	1147	16 (H) Other unforeseen events over which a party has no
1148	1148	17 control.
1149	1149	18 The term does not include a party's failure to anticipate normal
1150	1150	19 and customary delays due to weather.
1151	1151	20 SECTION 38. IC 36-7-4-1705 IS ADDED TO THE INDIANA
1152	1152	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
1153	1153	22 [EFFECTIVE JULY 1, 2025]: Sec. 1705. As used in this series, "legal
1154	1154	23 restrictions" means statutes, ordinances, rules, development
1155	1155	24 standards, policies, and regulations. However, the term does not
1156	1156	25 include building codes under IC 22-13.
1157	1157	26 SECTION 39. IC 36-7-4-1706 IS ADDED TO THE INDIANA
1158	1158	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
1159	1159	28 [EFFECTIVE JULY 1, 2025]: Sec. 1706. As used in this series, "local
1160	1160	29 authority" includes any agency, officer, board, or commission of a
1161	1161	30 unit that issues:
1162	1162	31 (1) a permit; or
1163	1163	32 (2) an approval:
1164	1164	33 (A) of a land use; or
1165	1165	34 (B) for the construction of a development, a building, or
1166	1166	35 another structure.
1167	1167	36 SECTION 40. IC 36-7-4-1707 IS ADDED TO THE INDIANA
1168	1168	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
1169	1169	38 [EFFECTIVE JULY 1, 2025]: Sec. 1707. As used in this series,
1170	1170	39 "permit" means any of the following:
1171	1171	40 (1) An improvement location permit.
1172	1172	41 (2) A building permit.
1173	1173	42 (3) A certificate of occupancy.
1174	1174	2025 IN 1628—LS 7758/DI 92 27
1175	1175	1 (4) Approval of a site-specific development plan.
1176	1176	2 (5) Approval of a primary or secondary plat.
1177	1177	3 (6) Approval of a variance, contingent use, conditional use,
1178	1178	4 special exception or special use.
1179	1179	5 (7) Approval of planned unit development.
1180	1180	6 SECTION 41. IC 36-7-4-1708 IS ADDED TO THE INDIANA
1181	1181	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
1182	1182	8 [EFFECTIVE JULY 1, 2025]: Sec. 1708. (a) This section applies if a
1183	1183	9 local authority requires an applicant to meet certain requirements
1184	1184	10 within a specific time period to:
1185	1185	11 (1) obtain a permit; or
1186	1186	12 (2) maintain a permit.
1187	1187	13 (b) If an applicant shows that an extraordinary event prevented
1188	1188	14 the applicant from meeting the deadline, the local authority shall
1189	1189	15 grant the applicant an extension of time to meet the requirements.
1190	1190	16 At a minimum, the deadline must be extended by the length of the
1191	1191	17 delay that:
1192	1192	18 (1) was caused by the extraordinary event; and
1193	1193	19 (2) prevented the applicant from meeting the deadline.
1194	1194	20 SECTION 42. IC 36-7-4-1709 IS ADDED TO THE INDIANA
1195	1195	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
1196	1196	22 [EFFECTIVE JULY 1, 2025]: Sec. 1709. (a) This section applies if:
1197	1197	23 (1) an ordinance establishes a time period for an applicant to
1198	1198	24 obtain a permit or commence or complete a permitted use;
1199	1199	25 and
1200	1200	26 (2) the local authority's decision to grant the applicant the
1201	1201	27 permit is appealed by a party.
1202	1202	28 (b) A time period in a zoning ordinance for:
1203	1203	29 (1) commencing a permitted use is tolled to allow the
1204	1204	30 permitted use to be commenced:
1205	1205	31 (A) upon the start of actual construction of the use as
1206	1206	32 approved; and
1207	1207	33 (B) not later than two (2) years after the date of the final
1208	1208	34 disposition of all appeals of the permitting authority's
1209	1209	35 decision; and
1210	1210	36 (2) completing a permitted use may not begin to run until
1211	1211	37 actual construction has started.
1212	1212	38 Any zoning ordinance to the contrary is invalid or unenforceable.
1213	1213	39 (c) Upon approval of a permit, the approved permitted use
1214	1214	40 constitutes a lawful use:
1215	1215	41 (1) while an appeal of the local authority's decision approving
1216	1216	42 the permit is pending; and
1217	1217	2025 IN 1628—LS 7758/DI 92 28
1218	1218	1 (2) that may not be affected by any subsequently adopted
1219	1219	2 zoning provisions.
1220	1220	3 If approval of the permit is upheld on final appeal, the permitted
1221	1221	4 use shall be allowed to be commenced within the extended two (2)
1222	1222	5 year period set forth in subsection (b).
1223	1223	6 SECTION 43. IC 36-7-4-1710 IS ADDED TO THE INDIANA
1224	1224	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
1225	1225	8 [EFFECTIVE JULY 1, 2025]: Sec. 1710. (a) This section does not
1226	1226	9 apply to the issuance of a design release or a plan review under
1227	1227	10 IC 22-15.
1228	1228	11 (b) A local authority shall review a permit application for
1229	1229	12 completeness. If a local authority determines that an application is
1230	1230	13 incomplete, the local authority must notify the applicant not later
1231	1231	14 than thirty (30) days after receipt of the application:
1232	1232	15 (1) in writing; and
1233	1233	16 (2) of all defects in the application.
1234	1234	17 If a local authority fails to notify an applicant as required under
1235	1235	18 this subsection, the local authority shall consider the permit
1236	1236	19 application to be complete.
1237	1237	20 (c) An applicant that receives a timely written notice that an
1238	1238	21 application is incomplete under subsection (b) may:
1239	1239	22 (1) cure the defects in the application; and
1240	1240	23 (2) resubmit the corrected application to the local authority;
1241	1241	24 not later than thirty (30) days after receiving the notice. If an
1242	1242	25 applicant is unable to cure the defects within the thirty (30) day
1243	1243	26 period, the applicant shall notify the local authority of the
1244	1244	27 additional time the applicant requires to cure the defects.
1245	1245	28 (d) Subject to subsection (e), not more than ninety (90) days
1246	1246	29 after making an initial determination of completeness under
1247	1247	30 subsection (b), a local authority shall:
1248	1248	31 (1) review the application to determine if it complies with all
1249	1249	32 applicable provisions; and
1250	1250	33 (2) notify the applicant in writing whether the application is
1251	1251	34 approved or denied.
1252	1252	35 The local authority shall provide the authority's written
1253	1253	36 determination and findings of fact to the applicant.
1254	1254	37 (e) If an applicant requested additional time under subsection
1255	1255	38 (c) to cure defects in the application, the ninety (90) day period set
1256	1256	39 forth in subsection (d) is extended for a corresponding amount of
1257	1257	40 time.
1258	1258	41 SECTION 44. IC 36-7-4-1711 IS ADDED TO THE INDIANA
1259	1259	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
1260	1260	2025 IN 1628—LS 7758/DI 92 29
1261	1261	1 [EFFECTIVE JULY 1, 2025]: Sec. 1711. (a) A development
1262	1262	2 agreement entered into by a local authority must set forth the legal
1263	1263	3 restrictions, including development standards and any other
1264	1264	4 provisions, that:
1265	1265	5 (1) apply to; and
1266	1266	6 (2) govern;
1267	1267	7 the use and development of the real property for the duration
1268	1268	8 specified in the development agreement.
1269	1269	9 (b) For purposes of this section, "development standards"
1270	1270	10 includes the following:
1271	1271	11 (1) Project elements including any of the following:
1272	1272	12 (A) Permitted uses.
1273	1273	13 (B) Residential densities.
1274	1274	14 (C) Nonresidential densities and intensities.
1275	1275	15 (D) Building sizes.
1276	1276	16 (2) Impact fees, inspection fees, or dedications.
1277	1277	17 (3) Mitigation measures, development conditions, and other
1278	1278	18 requirements.
1279	1279	19 (4) Design standards including:
1280	1280	20 (A) maximum heights for buildings and structures;
1281	1281	21 (B) setbacks;
1282	1282	22 (C) drainage;
1283	1283	23 (D) landscaping; and
1284	1284	24 (E) any other development features.
1285	1285	25 (5) Affordable housing.
1286	1286	26 (6) Parks and open space preservation.
1287	1287	27 (7) Phasing.
1288	1288	28 (8) Review procedures and standards for implementing
1289	1289	29 decisions.
1290	1290	30 (9) Any other development requirement or procedure.
1291	1291	31 (c) A development agreement must:
1292	1292	32 (1) reserve authority for the local authority to impose new or
1293	1293	33 different legal restrictions to the extent required by a serious
1294	1294	34 threat to public health and safety; and
1295	1295	35 (2) be consistent with applicable legal restrictions adopted by
1296	1296	36 the local authority.
1297	1297	37 SECTION 45. IC 36-7-4-1712 IS ADDED TO THE INDIANA
1298	1298	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
1299	1299	39 [EFFECTIVE JULY 1, 2025]: Sec. 1712. (a) Except as provided in
1300	1300	40 subsection (b), a local authority's legal restrictions governing the
1301	1301	41 development of the real property at the time the development
1302	1302	42 agreement is executed shall continue to govern the development of
1303	1303	2025 IN 1628—LS 7758/DI 92 30
1304	1304	1 the real property for the duration of the development agreement.
1305	1305	2 (b) A local authority may apply legal restrictions adopted after
1306	1306	3 the execution of a development agreement to a development only
1307	1307	4 if the local authority has held a public hearing and determined
1308	1308	5 that:
1309	1309	6 (1) the legal restrictions:
1310	1310	7 (A) are not in conflict with the legal restrictions governing
1311	1311	8 the development agreement;
1312	1312	9 (B) do not prevent development of the land uses,
1313	1313	10 intensities, or densities in the development agreement;
1314	1314	11 (C) are essential to the public health, safety, or welfare;
1315	1315	12 (D) expressly state that they apply to a development that is
1316	1316	13 subject to a development agreement; or
1317	1317	14 (E) are specifically anticipated and provided for in the
1318	1318	15 development agreement;
1319	1319	16 (2) the local authority demonstrates that substantial changes
1320	1320	17 have occurred in pertinent conditions existing at the time of
1321	1321	18 approval of the development agreement; or
1322	1322	19 (3) The development agreement is based on substantially
1323	1323	20 inaccurate information supplied by the developer.
1324	1324	21 (c) This section does not abrogate any rights that may vest
1325	1325	22 under common law.
1326	1326	23 SECTION 46. IC 36-7-4-1713 IS ADDED TO THE INDIANA
1327	1327	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
1328	1328	25 [EFFECTIVE JULY 1, 2025]: Sec. 1713. (a) This section does not
1329	1329	26 apply to the following:
1330	1330	27 (1) A development that is subject to a development agreement.
1331	1331	28 (2) A permit or approval related to development or other
1332	1332	29 activity that is not completed within ten (10) years after the
1333	1333	30 development or activity is commenced.
1334	1334	31 (b) If a person files a complete application as required by the
1335	1335	32 legal restrictions of a local authority for a permit with the
1336	1336	33 appropriate local authority, the granting of:
1337	1337	34 (1) the permit; and
1338	1338	35 (2) any secondary, additional, or related permits or approvals
1339	1339	36 required from the same local authority with respect to the
1340	1340	37 general subject matter of the application for the first permit;
1341	1341	38 are governed for at least three (3) years after the date the person
1342	1342	39 files a complete application by the legal restrictions in effect and
1343	1343	40 applicable to the property when the completed application is filed.
1344	1344	41 (c) This section applies to a permit or approval even if:
1345	1345	42 (1) before the issuance of the permit;
1346	1346	2025 IN 1628—LS 7758/DI 92 31
1347	1347	1 (2) while the permit approval process is pending;
1348	1348	2 (3) before the issuance of any secondary, additional, or related
1349	1349	3 permits or approvals; or
1350	1350	4 (4) while the secondary, additional, or related permit or
1351	1351	5 approval process is pending;
1352	1352	6 the legal restrictions governing the granting of the permit or
1353	1353	7 approval are changed by the general assembly or the applicable
1354	1354	8 local legislative body or regulatory body, regardless of whether the
1355	1355	9 changes in the legal restrictions are part of a zoning ordinance, a
1356	1356	10 subdivision control ordinance, or are based on the general police
1357	1357	11 powers of the local unit of government.
1358	1358	12 SECTION 47. IC 36-7-4-1714 IS ADDED TO THE INDIANA
1359	1359	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
1360	1360	14 [EFFECTIVE JULY 1, 2025]: Sec. 1714. (a) This section does not
1361	1361	15 apply if:
1362	1362	16 (1) the local or state governmental agency shows that the
1363	1363	17 construction of the development, building, or structure would
1364	1364	18 cause imminent peril to life or property; or
1365	1365	19 (2) the development or other activity to which the permit or
1366	1366	20 approval request relates is not completed within ten (10) years
1367	1367	21 after the development or activity is commenced.
1368	1368	22 (b) This section applies if:
1369	1369	23 (1) either:
1370	1370	24 (A) a local authority issues to a person a permit or grants
1371	1371	25 a person approval for the construction of a development,
1372	1372	26 a building, or another structure; or
1373	1373	27 (B) a permit or approval is not required from the local
1374	1374	28 authority for the construction of the development,
1375	1375	29 building, or structure;
1376	1376	30 (2) before beginning the construction of the development,
1377	1377	31 building, or structure, the person must obtain:
1378	1378	32 (A) a permit; or
1379	1379	33 (B) approval;
1380	1380	34 for the construction of the development, building, or structure
1381	1381	35 from a state governmental agency; and
1382	1382	36 (3) the person has:
1383	1383	37 (A) applied for the permit; or
1384	1384	38 (B) requested the approval;
1385	1385	39 for the construction of the development, building, or structure
1386	1386	40 from the state governmental agency not later than ninety (90)
1387	1387	41 days after issuance of the permit by the local authority.
1388	1388	42 (c) If the conditions of subsection (b) are satisfied:
1389	1389	2025 IN 1628—LS 7758/DI 92 32
1390	1390	1 (1) a permit or approval issued or granted to a person by the
1391	1391	2 local authority for the construction of the development,
1392	1392	3 building, or structure; or
1393	1393	4 (2) the person's right to construct the development, building,
1394	1394	5 or structure without a permit or approval from the local
1395	1395	6 authority;
1396	1396	7 is governed for at least three (3) years after the person applies for
1397	1397	8 the permit by the legal restrictions in effect and applicable to the
1398	1398	9 property when the person applies for the permit or requests
1399	1399	10 approval from the state governmental agency for the construction
1400	1400	11 of the development, building, or structure.
1401	1401	12 (d) This section applies even if:
1402	1402	13 (1) before the commencement of the construction; or
1403	1403	14 (2) while the permit application or approval request is
1404	1404	15 pending with the state governmental agency;
1405	1405	16 the statutes governing the granting of the permit or approval from
1406	1406	17 the local authority are changed by the general assembly or the
1407	1407	18 provisions of the local authority are changed by the applicable
1408	1408	19 local legislative body or regulatory body, regardless of whether the
1409	1409	20 changes in the provisions are part of a zoning ordinance, a
1410	1410	21 subdivision control ordinance, or a statute, ordinance, or
1411	1411	22 regulation that is based on the general police powers of the local
1412	1412	23 unit of government.
1413	1413	24 SECTION 48. IC 36-9-28.5-6 IS ADDED TO THE INDIANA
1414	1414	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
1415	1415	26 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) A policy adopted by a
1416	1416	27 legislative body of a unit under this chapter must comply with
1417	1417	28 IC 36-7-4-702(f).
1418	1418	2025 IN 1628—LS 7758/DI 92