Indiana House Bill HB1628 Latest Draft

                             
Introduced Version
HOUSE BILL No. 1628
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 8-1; IC 14-11-1-10; IC 36-1;  IC 36-7-4;
IC 36-9-28.5-6.
Synopsis:  Property development matters. Defines a
"multi-jurisdictional infrastructure project" as a project that: (1)
involves the siting, construction, or deployment of facilities,
equipment, or infrastructure used in the generation, transmission,
distribution, or storage of electricity, gases or fluids, or water; and (2)
will have specified impacts on residents, businesses, or political
subdivisions in more than one county in Indiana. Provides that the state
is the sole regulator of the following with respect to a
multi-jurisdictional infrastructure project, to the extent not preempted
by federal law or otherwise under the jurisdiction of a federal agency
or authority: (1) The siting and construction of any electric generation
facility with a capacity of at least 50 megawatts that generates
electricity to be directly or indirectly used for the furnishing of public
utility service. (2) The siting, construction, and deployment of all
facilities, equipment, and infrastructure used in the transmission,
distribution, or storage of electricity, gases or fluids, or water. Provides
for the preemption of all other regulation by a political subdivision or
a local authority of the siting, construction, or deployment of any
facilities, equipment, or infrastructure with respect to a
multi-jurisdictional infrastructure project. Prohibits a political
subdivision from taking specified actions concerning the siting,
construction, or deployment of facilities, equipment, and infrastructure
in connection with a multi-jurisdictional infrastructure project.
Provides that a person that seeks to locate, construct, or deploy any
facilities, equipment, or infrastructure in connection with a
multi-jurisdictional infrastructure project is not required to obtain from
(Continued next page)
Effective:  July 1, 2025.
Snow
January 21, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2025	IN 1628—LS 7758/DI 92 Digest Continued
a local authority a permit, or any other land use or zoning approval,
with respect to the siting, construction, or deployment. Requires a unit
to use data from: (1) the unit's 100 year flood map; and (2) the National
Oceanic and Atmospheric Administration Atlas 14; to calculate and
regulate storm water runoff from a developed or undeveloped plat.
Requires a plat committee to take action on a plat application,
including meeting with all necessary individuals, not later than 30 days
after receiving the application. Provides that if a plan commission or
plat committee fails to make written findings and a decision granting
or denying primary approval to a plat not later than 60 days after a
public hearing, then the plat is considered to have received primary
approval. Provides the following: (1) Requires an applicant for a permit
or approval (applicant) to be given an extension of time if the
applicant's failure to meet the application deadline was caused by
unforeseen circumstances beyond the applicant's control. (2) Provides
a deadline in an ordinance for commencing or completing a permitted
use is tolled until two years after the conclusion of any litigation
regarding the granting of the permit. (3) Establishes a timeline for
review of permit applications. (4) Establishes requirements for
development agreements. (5) With certain exceptions, requires the
ordinances, regulations, and statutes (legal restrictions) in effect at the
time a permit is entered into to continue to apply unless the
development is not completed within 10 years. (6) With certain
exceptions, requires the legal restrictions in effect at the time a
development agreement is entered into to apply for the agreement's
duration. Repeals a statute requiring the ordinances, regulations, and
statutes in effect at the time a zoning permit or approval is issued to
govern a development for at least three years. Moves parts of the
repealed statute to other locations. 
2025	IN 1628—LS 7758/DI 922025	IN 1628—LS 7758/DI 92 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1628
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-1.7 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 1.7. State Regulation of Utility Infrastructure Siting
5 and Deployment
6 Sec. 1. The general assembly declares that it is the continuing
7 policy of the state, in cooperation with local governments and other
8 concerned public and private organizations, to use all practicable
9 means and measures, including efficient and cost effective siting
10 and permitting procedures, to create and maintain conditions
11 under which the facilities, equipment, and infrastructure required
12 to meet the growing demand for utility services necessary to:
13 (1) ensure the welfare and enhance the quality of life for
14 present and future generations of Indiana citizens; and
15 (2) attract and retain businesses and provide economic
2025	IN 1628—LS 7758/DI 92 2
1 development opportunities for communities throughout
2 Indiana;
3 are constructed and deployed.
4 Sec. 2. As used in this chapter, "commission" refers to the
5 Indiana utility regulatory commission created by IC 8-1-1-2.
6 Sec. 3. As used in this chapter, "local authority" has the
7 meaning set forth in IC 36-7-4-1706.
8 Sec. 4. As used in this chapter, "multi-jurisdictional
9 infrastructure project" means a project that:
10 (1) involves the siting, construction, or deployment of
11 facilities, equipment, or infrastructure used in the generation,
12 transmission, distribution, or storage of:
13 (A) electricity;
14 (B) gases or fluids; or
15 (C) water; and
16 (2) will:
17 (A) provide utility services to;
18 (B) employ; or
19 (C) provide economic benefits to;
20 residents, businesses, or political subdivisions in more than
21 one (1) county in Indiana, as set forth in any required
22 application or notice submitted to the state by the developer,
23 owner, or operator of the project.
24 Sec. 5. As used in this chapter, "permit" has the meaning set
25 forth in IC 36-7-4-1707.
26 Sec. 6. As used in this chapter, "political subdivision" has the
27 meaning set forth in IC 36-1-2-13.
28 Sec. 7. (a) As used in this chapter, "state" refers to any agency,
29 authority, board, bureau, commission, department, division, office,
30 or instrumentality of the executive, including the administrative,
31 branch of state government. The term includes a body corporate
32 and politic established as an instrumentality of the state.
33 (b) The term does not include a political subdivision.
34 Sec. 8. (a) The state is the sole regulator of the following with
35 respect to a multi-jurisdictional infrastructure project, to the
36 extent not preempted by federal law or otherwise under the
37 jurisdiction of a federal agency or authority:
38 (1) The siting and construction of any electric generation
39 facility with a capacity of at least fifty (50) megawatts that
40 generates electricity to be directly or indirectly used for the
41 furnishing of public utility service regardless of:
42 (A) the energy source or technology used by the facility to
2025	IN 1628—LS 7758/DI 92 3
1 generate electricity; and
2 (B) whether the commission has declined regulatory
3 jurisdiction over the facility or the owner or operator of
4 the facility.
5 (2) The siting, construction, and deployment of all facilities,
6 equipment, and infrastructure used in the transmission,
7 distribution, or storage of:
8 (A) electricity;
9 (B) gases or fluids; or
10 (C) water;
11 whether for purposes of resale to the public or delivery to a
12 wholesale customer or market.
13 (b) This chapter preempts all other regulation by a political
14 subdivision or a local authority of the siting, construction, or
15 deployment of any facilities, equipment, or infrastructure
16 described in this section with respect to a multi-jurisdictional
17 infrastructure project.
18 Sec. 9. (a) A political subdivision may not enact, issue, or
19 enforce any:
20 (1) ordinances, resolutions, regulations, orders, requests for
21 proposals, or requests for bids pertaining to the siting,
22 construction, or deployment of any facilities, equipment, or
23 infrastructure described in section 8 of this chapter; or
24 (2) practices or rules that:
25 (A) disqualify a person from doing business with the
26 political subdivision; and
27 (B) are related to the siting, construction, or deployment of
28 any facilities, equipment, or infrastructure described in
29 section 8 of this chapter;
30 in connection with a multi-jurisdictional infrastructure project.
31 (b) A person that seeks to locate, construct, or deploy within
32 Indiana any facilities, equipment, or infrastructure described in
33 section 8 of this chapter in connection with a multi-jurisdictional
34 infrastructure project is not required to obtain from a local
35 authority a permit, or any other land use or zoning approval, with
36 respect to the siting, construction, or deployment.
37 SECTION 2. IC 8-1-41-1, AS ADDED BY P.L.90-2022, SECTION
38 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
39 2025]: Sec. 1. (a) Except as provided in subsections (b) and (c), and
40 subject to IC 36-7-4-1109 (before its repeal), any applicable
41 provision set forth in IC 36-7-4-1700 through IC 36-7-4-1714, and
42 section 9 of this chapter, the standards set forth in sections 10 through
2025	IN 1628—LS 7758/DI 92 4
1 16 of this chapter, or standards less restrictive than the standards set
2 forth in sections 10 through 16 of this chapter, apply to a project owner
3 that, after June 30, 2022, files an initial application for a project to
4 install or locate one (1) or more wind power devices in a unit that
5 qualifies as a wind energy ready community under subsection (d).
6 (b) Subject to a unit's planning and zoning powers under IC 36-7,
7 this chapter does not apply to a property owner that seeks to install a
8 wind power device on the property owner's premises for the purpose of
9 generating electricity to meet or offset all or part of the need for
10 electricity on the premises, whether through distributed generation,
11 participation in a net metering program offered by an electricity
12 supplier (as defined in IC 8-1-40-4), or otherwise.
13 (c) Unless a standard set forth in sections 10 through 16 of this
14 chapter is already agreed to before July 1, 2022, by the parties
15 involved, the standard does not:
16 (1) apply to any proposal, request, or application that:
17 (A) concerns the permitting, construction, installation, siting,
18 modification, operation, or decommissioning of one (1) or
19 more wind power devices in a unit;
20 (B) is submitted by a project owner to a unit before July 1,
21 2022; and
22 (C) is pending approval or has been approved as of July 1,
23 2022;
24 as set forth in IC 36-7-4-1109 (before its repeal);
25 (2) affect the:
26 (A) permitting;
27 (B) construction;
28 (C) installation;
29 (D) siting;
30 (E) modification;
31 (F) operation; or
32 (G) decommissioning;
33 of one (1) or more wind power devices in a unit that before July
34 1, 2022, has approved such permitting, construction, installation,
35 siting, modification, operation, or decommissioning; or
36 (3) affect any:
37 (A) economic development agreement; or
38 (B) other agreement;
39 entered into before July 1, 2022, with respect to the permitting,
40 construction, installation, siting, modification, operation, or
41 decommissioning of one (1) or more wind power devices in one
42 (1) or more units.
2025	IN 1628—LS 7758/DI 92 5
1 (d) As used in this section, "wind energy ready community" means
2 a unit that has voluntarily adopted:
3 (1) the standards set forth in sections 10 through 16 of this
4 chapter; or
5 (2) standards less restrictive than the standards set forth in
6 sections 10 through 16 of this chapter.
7 SECTION 3. IC 8-1-41-10, AS ADDED BY P.L.90-2022,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (h), and except as
10 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
11 applicable provision set forth in IC 36-7-4-1700 through
12 IC 36-7-4-1714, a project owner may not install or locate a wind power
13 device on property in a unit unless the distance, measured as a straight
14 line, from the vertical centerline of the base of the wind power device
15 to:
16 (1) the centerline of any:
17 (A) runway located on a public use airport, private use airport,
18 or municipal airport;
19 (B) public use highway, street, or road; or
20 (C) railroad easement or right-of-way; or
21 (2) the property line of any nonparticipating property;
22 is equal to a distance that is at least one and one-tenth (1.1) times the
23 wind power device's blade tip height, as measured from the ground to
24 the tip of the blade.
25 (b) Subject to subsection (h), and except as otherwise allowed by
26 IC 36-7-4-1109 (before its repeal) or any applicable provision set
27 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a project owner
28 may not install or locate a wind power device on property in a unit
29 unless the distance, measured as a straight line, from the vertical
30 centerline of the base of the wind power device to the nearest point on
31 the outer wall of a dwelling located on a nonparticipating property is
32 equal to a distance that is at least three (3) times the wind power
33 device's blade tip height, as measured from the ground to the tip of the
34 blade.
35 (c) Except as otherwise allowed by IC 36-7-4-1109 (before its
36 repeal) or any applicable provision set forth in IC 36-7-4-1700
37 through IC 36-7-4-1714, a project owner may not install or locate a
38 wind power device on property in a unit unless the distance, measured
39 as a straight line, from the vertical centerline of the base of the wind
40 power device to the nearest edge of the right-of-way for any utility
41 transmission or distribution line is equal to a distance that is at least
42 one and two-tenths (1.2) times the wind power device's blade tip
2025	IN 1628—LS 7758/DI 92 6
1 height, as measured from the ground to the tip of the blade.
2 (d) Except as otherwise allowed by IC 36-7-4-1109 (before its
3 repeal) or any applicable provision set forth in IC 36-7-4-1700
4 through IC 36-7-4-1714, a project owner may not install or locate a
5 wind power device on property in a unit unless the distance, measured
6 as a straight line, from the vertical centerline of the base of the wind
7 power device to the property line of any undeveloped land within the
8 unit that is zoned or platted for residential use is equal to a distance that
9 is at least two (2) times the wind power device's blade tip height, as
10 measured from the ground to the tip of the blade.
11 (e) Except as otherwise allowed by IC 36-7-4-1109 (before its
12 repeal) or any applicable provision set forth in IC 36-7-4-1700
13 through IC 36-7-4-1714, a project owner may not install or locate a
14 wind power device on property in a unit unless the distance, measured
15 as a straight line, from the vertical centerline of the base of the wind
16 power device to the property line of a state park is equal to a distance
17 of at least one (1) mile.
18 (f) A project owner may not install or locate a wind power device
19 within a county unless the distance, measured as a straight line, from
20 the vertical centerline of the base of the wind power device to the
21 corporate boundaries of any municipality within the county is equal to
22 a distance of at least one (1) mile. However, a municipality may waive
23 or reduce the minimum distance prescribed by this subsection with
24 respect to the installation of one (1) or more wind power devices.
25 (g) Except as otherwise allowed by IC 36-7-4-1109 (before its
26 repeal) or any applicable provision set forth in IC 36-7-4-1700
27 through IC 36-7-4-1714, a permit authority, with respect to the
28 permitting, construction, installation, or siting of any wind power
29 device within the unit, may not set a blade tip height limitation, through
30 a wind power regulation or otherwise, that is more restrictive than the
31 standards of the Federal Aviation Administration under 14 CFR Part 77
32 concerning the safe, efficient use and preservation of the navigable
33 airspace.
34 (h) The distance requirements set forth in subsections (a)(2) and (b)
35 may be waived with respect to the siting of any one (1) wind power
36 device, subject to the written consent of the owner of each affected
37 nonparticipating property.
38 SECTION 4. IC 8-1-41-11, AS ADDED BY P.L.90-2022,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 11. (a) Subject to subsection (c), and except as
41 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
42 applicable provision set forth in IC 36-7-4-1700 through
2025	IN 1628—LS 7758/DI 92 7
1 IC 36-7-4-1714, a project owner may not install or locate one (1) or
2 more wind power devices in a unit unless the project owner
3 demonstrates to the permit authority that with respect to each wind
4 power device that the project owner seeks to install or locate in the
5 unit:
6 (1) the project owner has used shadow flicker computer modeling
7 to estimate the amount of shadow flicker anticipated to be caused
8 by the wind power device; and
9 (2) the wind power device has been designed such that industry
10 standard computer modeling indicates that any dwelling on a
11 nonparticipating property within the unit will not experience more
12 than thirty (30) hours per year of shadow flicker under planned
13 operating conditions for the wind power device.
14 (b) After a project owner installs or locates a wind power device in
15 a unit, the project owner shall work with the owner of any affected
16 dwelling on a nonparticipating property to mitigate the effects of
17 shadow flicker to the extent reasonably practicable.
18 (c) The requirement set forth in subsection (a)(2) may be waived
19 with respect to any one (1) wind power device, subject to the written
20 consent of the owner of each affected nonparticipating property.
21 SECTION 5. IC 8-1-41-12, AS ADDED BY P.L.90-2022,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 12. Except as otherwise allowed by
24 IC 36-7-4-1109 (before its repeal) or any applicable provision set
25 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a wind power
26 device installed in a unit must be installed in a manner so as to
27 minimize and mitigate impacts to:
28 (1) television signals;
29 (2) microwave signals;
30 (3) agricultural global positioning systems;
31 (4) military defense radar;
32 (5) radio reception; or
33 (6) weather and doppler radar.
34 SECTION 6. IC 8-1-41-13, AS ADDED BY P.L.90-2022,
35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 13. (a) Subject to subsection (b), and except as
37 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
38 applicable provision set forth in IC 36-7-4-1700 through
39 IC 36-7-4-1714, a project owner may not install or locate a wind power
40 device in a unit unless the project owner demonstrates to the permit
41 authority that the wind power device will operate in a manner such that
42 the sound attributable to the wind power device will not exceed an
2025	IN 1628—LS 7758/DI 92 8
1 hourly average sound level of fifty (50) A-weighted decibels, as
2 modeled at the outer wall of an affected dwelling.
3 (b) The requirement set forth in subsection (a) may be waived with
4 respect to any one (1) wind power device, subject to the written consent
5 of the owner of each affected property.
6 SECTION 7. IC 8-1-41-14, AS ADDED BY P.L.90-2022,
7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 14. (a) As used in this section, "wind turbine light
9 mitigation technology" means any technology used in connection with
10 a wind power device to shield, limit, or otherwise mitigate the amount,
11 intensity, character, or visibility of light emitted from the wind power
12 device.
13 (b) Except as otherwise allowed by IC 36-7-4-1109, after January 1,
14 2023 and before the repeal of IC 36-7-4-1109, by any applicable
15 provision set forth in IC 36-7-4-1700 through IC 36-7-4-1714, and
16 to the extent permissible under federal law or regulations, a wind
17 power device on property in a unit must be equipped with a wind
18 turbine light mitigation technology, unless:
19 (1) the Federal Aviation Administration denies the project owner's
20 application to use a wind turbine light mitigation technology;
21 (2) the wind turbine light mitigation technology application is
22 pending review by the appropriate federal agencies; or
23 (3) the project owner determines that the use of a wind turbine
24 light mitigation technology is not economically feasible.
25 SECTION 8. IC 8-1-41-15, AS ADDED BY P.L.90-2022,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 15. This section applies with respect to a wind
28 power device that is constructed or installed in a unit after June 30,
29 2022. Except as otherwise allowed by IC 36-7-4-1109 (before its
30 repeal) or any applicable provision set forth in IC 36-7-4-1700
31 through IC 36-7-4-1714, all damages to waterways, drainage ditches,
32 field tiles, or other drainage related infrastructure caused by the
33 construction, installation, or maintenance of a wind power device must
34 be completely repaired by the project owner or remedied with the
35 installation of new drainage infrastructure so as to not impede the
36 natural flow of water. All repairs must be completed within a
37 reasonable period of time and:
38 (1) to the satisfaction of the unit; and
39 (2) as stated in an applicable lease or another agreement with the
40 landowner;
41 subject to applicable federal, state, and local drainage laws and
42 regulations.
2025	IN 1628—LS 7758/DI 92 9
1 SECTION 9. IC 8-1-41-16, AS ADDED BY P.L.90-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 16. (a) Subject to subsection (b), and except as
4 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
5 applicable provision set forth in IC 36-7-4-1700 through
6 IC 36-7-4-1714, a project owner may not install or locate a wind power
7 device in a unit unless the project owner submits to the permit authority
8 a decommissioning and site restoration plan, and posts a surety bond,
9 or an equivalent means of security acceptable to the permit authority,
10 including a parent company guarantee or an irrevocable letter of credit,
11 but excluding cash, in an amount equal to the estimated cost of
12 decommissioning the wind power device, as calculated by a third party
13 licensed or registered engineer, or by another person with suitable
14 experience in the decommissioning of wind power devices, as agreed
15 upon by the project owner and the permit authority. The required bond
16 or other security shall be posted in increments such that the total
17 amount of the bond or security posted is as follows:
18 (1) An amount equal to twenty-five percent (25%) of the total
19 estimated decommissioning costs not later than the start date of
20 the wind power device's full commercial operation. For purposes
21 of this subdivision, the total estimated decommissioning costs
22 shall be reevaluated by a third party licensed or registered
23 engineer (or by another person with suitable experience in the
24 decommissioning of wind power devices, as agreed upon by the
25 project owner and the permit authority) in connection with the:
26 (A) fifth anniversary; and
27 (B) tenth anniversary;
28 of the start date of the wind power device's full commercial
29 operation, and the total amount of the bond or security posted
30 under this subdivision shall be adjusted as necessary after each
31 reevaluation.
32 (2) An amount equal to fifty percent (50%) of the total estimated
33 decommissioning costs not later than the fifteenth anniversary of
34 the start date of the wind power device's full commercial
35 operation. For purposes of this subdivision, the total estimated
36 decommissioning costs shall be reevaluated by a third party
37 licensed or registered engineer (or by another person with suitable
38 experience in the decommissioning of wind power devices, as
39 agreed upon by the project owner and the permit authority) in
40 connection with the fifteenth anniversary of the start date of the
41 wind power device's full commercial operation, and the total
42 amount of the bond or security posted under this subdivision shall
2025	IN 1628—LS 7758/DI 92 10
1 be adjusted as necessary after the reevaluation.
2 (3) An amount equal to one hundred percent (100%) of the total
3 estimated decommissioning costs not later than the twentieth
4 anniversary of the start date of the wind power device's full
5 commercial operation. For purposes of this subdivision, the total
6 estimated decommissioning costs shall be reevaluated by a third
7 party licensed or registered engineer (or by another person with
8 suitable experience in the decommissioning of wind power
9 devices, as agreed upon by the project owner and the permit
10 authority):
11 (A) in connection with the twentieth anniversary of the start
12 date of the wind power device's full commercial operation; and
13 (B) at least once every succeeding five (5) year period after the
14 twentieth anniversary of the start date of the wind power
15 device's full commercial operation;
16 and the total amount of the bond or security posted under this
17 subdivision shall be adjusted as necessary after each reevaluation.
18 (b) For purposes of this section, the estimated cost of
19 decommissioning a wind power device, as calculated by a licensed or
20 registered professional engineer (or by another person with suitable
21 experience in the decommissioning of wind power devices, as agreed
22 upon by the project owner and the permit authority), shall be net of any
23 estimated salvage value attributable to the wind power device at the
24 time of decommissioning, unless the unit and the project owner agree
25 to include any such value in the estimated cost.
26 SECTION 10. IC 8-1-42-1, AS ADDED BY P.L.90-2022,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsections (b) and
29 (c), and subject to IC 36-7-4-1109 (before its repeal) or any
30 applicable provision set forth in IC 36-7-4-1700 through
31 IC 36-7-4-1714 and section 9 of this chapter, the standards set forth in
32 sections 10 through 20 of this chapter, or standards less restrictive than
33 the standards set forth in sections 10 through 20 of this chapter, apply
34 to a project owner that, after June 30, 2022, files an initial application
35 for a project to install or locate one (1) or more CSE systems in a unit
36 that qualifies as a solar energy ready community under subsection (d).
37 (b) Subject to a unit's planning and zoning powers under IC 36-7,
38 this chapter does not apply to a property owner who seeks to install a
39 solar energy device (as defined in IC 32-23-4-3) on the property
40 owner's premises for the purpose of generating electricity to meet or
41 offset all or part of the need for electricity on the premises, whether
42 through distributed generation, participation in a net metering program
2025	IN 1628—LS 7758/DI 92 11
1 offered by an electricity supplier (as defined in IC 8-1-40-4), or
2 otherwise.
3 (c) Unless a standard set forth in sections 10 through 20 of this
4 chapter is already agreed to before July 1, 2022, by the parties
5 involved, the standard does not:
6 (1) apply to any proposal, request, or application that:
7 (A) concerns the permitting, construction, installation, siting,
8 modification, operation, or decommissioning of one (1) or
9 more CSE systems in a unit;
10 (B) is submitted by a project owner to a unit before July 1,
11 2022; and
12 (C) is pending approval or has been approved as of July 1,
13 2022;
14 as set forth in IC 36-7-4-1109 (before its repeal) or any
15 applicable provision set forth in IC 36-7-4-1700 through
16 IC 36-7-4-1714;
17 (2) affect the:
18 (A) permitting;
19 (B) construction;
20 (C) installation;
21 (D) siting;
22 (E) modification;
23 (F) operation; or
24 (G) decommissioning;
25 of one (1) or more CSE systems in a unit that before July 1, 2022,
26 has approved such permitting, construction, installation, siting,
27 modification, operation, or decommissioning; or
28 (3) affect any:
29 (A) economic development agreement; or
30 (B) other agreement;
31 entered into before July 1, 2022, with respect to the permitting,
32 construction, installation, siting, modification, operation, or
33 decommissioning of one (1) or more CSE systems in one (1) or
34 more units.
35 (d) As used in this section, "solar energy ready community" means
36 a unit that has voluntarily adopted:
37 (1) the standards set forth in sections 10 through 20 of this
38 chapter; or
39 (2) standards less restrictive than the standards set forth in
40 sections 10 through 20 of this chapter.
41 SECTION 11. IC 8-1-42-10, AS ADDED BY P.L.90-2022,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025	IN 1628—LS 7758/DI 92 12
1 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (e), and except as
2 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
3 applicable provision set forth in IC 36-7-4-1700 through
4 IC 36-7-4-1714, a project owner may not install or locate a CSE system
5 on property in a unit unless the distance, measured as a straight line,
6 from the nearest outer edge of the CSE system's solar panels to:
7 (1) the nearest edge of the right-of-way for any:
8 (A) federal interstate highway, federal highway, state highway,
9 or county highway is at least forty (40) feet;
10 (B) collector road is at least thirty (30) feet; or
11 (C) local road is at least ten (10) feet; or
12 (2) the property line of any nonparticipating property is at least
13 fifty (50) feet.
14 (b) Subject to subsection (e), and except as otherwise allowed by
15 IC 36-7-4-1109 (before its repeal) or any applicable provision set
16 forth in IC 36-7-4-1700 through IC 39-7-4-1714, a project owner
17 may not install or locate a CSE system on property in a unit unless the
18 distance, measured as a straight line, from the nearest outer edge of the
19 CSE system's solar panels to the nearest point on the outer wall of a
20 dwelling located on a nonparticipating property is at least two hundred
21 fifty (250) feet.
22 (c) Subject to subsection (e), and except as otherwise allowed by
23 IC 36-7-4-1109 (before its repeal) or any applicable provision set
24 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
25 installs a CSE system within a distance of two hundred fifty (250) feet,
26 measured as a straight line, from the nearest outer edge of the CSE
27 system's solar panels to the nearest point on the outer wall of a dwelling
28 located on a nonparticipating property, the project owner shall install
29 a landscape buffer in the area between the nearest outer edge of the
30 CSE system's solar panels and the nonparticipating property owner's
31 property line that faces the CSE system's solar panels. The landscape
32 buffer must be:
33 (1) in a location that is not on the property of the nonparticipating
34 property owner; and
35 (2) constructed from such materials;
36 as set forth in a plan submitted to the unit during the permitting and
37 approval process for the CSE system.
38 (d) Except as otherwise allowed by IC 36-7-4-1109 (before its
39 repeal) or any applicable provision set forth in IC 36-7-4-1700
40 through IC 36-7-4-1714, a project owner may not install or locate a
41 CSE system on property in a unit unless the height of the CSE system
42 solar panels are not more than twenty-five (25) feet above ground level
2025	IN 1628—LS 7758/DI 92 13
1 when the CSE system's arrays are at full tilt. However, a permit
2 authority or a unit may not impose a clearance requirement between the
3 ground and the bottom edge of a CSE system's solar panels.
4 (e) The:
5 (1) distance requirements set forth in subsection (a)(2) and
6 subsection (b); and
7 (2) requirement for the installation of a landscape buffer set forth
8 in subsection (c);
9 may be waived with respect to the siting of any one (1) CSE system,
10 subject to the written consent of the owner of each affected
11 nonparticipating property.
12 SECTION 12. IC 8-1-42-11, AS ADDED BY P.L.90-2022,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 11. Except as otherwise allowed by
15 IC 36-7-4-1109 (before its repeal) or any applicable provision set
16 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
17 installs a CSE system in a unit, the project owner shall plant, establish,
18 and maintain for the life of the CSE system perennial vegetated ground
19 cover on the ground around and under solar panels, and in project site
20 buffer areas. The use of pollinator seed mixes in the planting of ground
21 cover required by this section is encouraged. A unit or permit authority
22 may require a project owner to prepare for a project site a vegetation
23 plan that:
24 (1) is compatible with each CSE system on the project site;
25 (2) provides for the planting of noninvasive species and the use
26 of native or naturalized species if the planting and use of
27 noninvasive and native or naturalized species are:
28 (A) appropriate to the region;
29 (B) economically feasible; and
30 (C) agreed to by the landowner;
31 in order to reduce storm water runoff and erosion at the site and
32 to provide habitat for wildlife and insects; and
33 (3) provides for site preparation and maintenance practices
34 designed to control invasive species and noxious weeds (as
35 defined in IC 15-16-7-2).
36 SECTION 13. IC 8-1-42-12, AS ADDED BY P.L.90-2022,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 12. Except as otherwise allowed by
39 IC 36-7-4-1109 (before its repeal) or any applicable provision set
40 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
41 installs a CSE system in a unit, the project owner shall completely
42 enclose the CSE system with fencing that is at least six (6) feet high.
2025	IN 1628—LS 7758/DI 92 14
1 SECTION 14. IC 8-1-42-13, AS ADDED BY P.L.90-2022,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 13. Except as otherwise allowed by
4 IC 36-7-4-1109 (before its repeal) or any applicable provision set
5 forth in IC 36-7-4-1700 through IC 36-7-4-1714, if a project owner
6 installs a CSE system in a unit, all cables of up to thirty-four and
7 one-half (34.5) kilovolts that are located between inverter locations and
8 project substations shall be located and maintained underground, as
9 feasible. Other solar infrastructure, such as module-to-module
10 collection cables, transmission lines, substations, junction boxes, and
11 other typical aboveground infrastructure may be located and
12 maintained above ground. Buried cables shall be at a depth of at least
13 thirty-six (36) inches below grade or, if necessitated by onsite
14 conditions, at a greater depth. Cables and lines located outside of the
15 CSE system project site may:
16 (1) be located above ground; or
17 (2) in the case of cables or lines of up to thirty-four and one-half
18 (34.5) kilovolts, be buried underground at:
19 (A) a depth of at least forty-eight (48) inches below grade, so
20 as to not interfere with drainage tile or ditch repairs; or
21 (B) another depth, as necessitated by conditions;
22 as determined in consultation with the landowner.
23 SECTION 15. IC 8-1-42-14, AS ADDED BY P.L.90-2022,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 14. Except as otherwise allowed by
26 IC 36-7-4-1109 (before its repeal) or any applicable provision set
27 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a CSE system
28 installed by a project owner must be designed and constructed to:
29 (1) minimize glare on adjacent properties and roadways; and
30 (2) not interfere with vehicular traffic, including air traffic.
31 SECTION 16. IC 8-1-42-15, AS ADDED BY P.L.90-2022,
32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 15. Except as otherwise allowed by
34 IC 36-7-4-1109 (before its repeal) or any applicable provision set
35 forth in IC 36-7-4-1700 through IC 36-7-4-1714, a CSE system
36 installed in a unit must be installed in a manner so as to minimize and
37 mitigate impacts to:
38 (1) television signals;
39 (2) microwave signals;
40 (3) agricultural global positioning systems;
41 (4) military defense radar;
42 (5) radio reception; or
2025	IN 1628—LS 7758/DI 92 15
1 (6) weather and doppler radar.
2 SECTION 17. IC 8-1-42-16, AS ADDED BY P.L.90-2022,
3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 16. (a) Subject to subsection (b), and except as
5 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
6 applicable provision set forth in IC 36-7-4-1700 through
7 IC 36-7-4-1714, a project owner may not install or locate a CSE system
8 in a unit unless the project owner demonstrates to the permit authority
9 that the CSE system will operate in a manner such that the sound
10 attributable to the CSE system will not exceed an hourly average sound
11 level of fifty (50) A-weighted decibels, as modeled at the outer wall of
12 a dwelling located on an adjacent nonparticipating property.
13 (b) The requirement set forth in subsection (a) may be waived with
14 respect to any one (1) CSE system, subject to the written consent of the
15 owner of each adjacent nonparticipating property.
16 SECTION 18. IC 8-1-42-17, AS ADDED BY P.L.90-2022,
17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 17. This section applies with respect to a CSE
19 system that is constructed or installed in a unit after June 30, 2022.
20 Except as otherwise allowed by IC 36-7-4-1109 (before its repeal) or
21 any applicable provision set forth in IC 36-7-4-1700 through
22 IC 36-7-4-1714, all damages to waterways, drainage ditches, field tiles,
23 or other drainage related infrastructure caused by the construction,
24 installation, or maintenance of a CSE system must be completely
25 repaired by the project owner or remedied with the installation of new
26 drainage infrastructure so as to not impede the natural flow of water.
27 All repairs must be completed within a reasonable period of time and:
28 (1) to the satisfaction of the unit; and
29 (2) as stated in an applicable lease or another agreement with the
30 landowner;
31 subject to applicable federal, state, and local drainage laws and
32 regulations.
33 SECTION 19. IC 8-1-42-18, AS ADDED BY P.L.90-2022,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 18. (a) Subject to subsection (b), and except as
36 otherwise allowed by IC 36-7-4-1109 (before its repeal) or any
37 applicable provision set forth in IC 36-7-4-1700 through
38 IC 36-7-4-1714, a project owner may not install or locate a CSE system
39 in a unit unless the project owner submits to the permit authority a
40 decommissioning and site restoration plan, and posts a surety bond, or
41 an equivalent means of security acceptable to the permit authority,
42 including a parent company guarantee or an irrevocable letter of credit,
2025	IN 1628—LS 7758/DI 92 16
1 but excluding cash, in an amount equal to the estimated cost of
2 decommissioning the CSE system, as calculated by a third party
3 licensed or registered engineer or by another person with suitable
4 experience in the decommissioning of CSE systems, as agreed upon by
5 the project owner and the permit authority. The required bond or other
6 security shall be posted in increments such that the total amount of the
7 bond or security posted is as follows:
8 (1) An amount equal to twenty-five percent (25%) of the total
9 estimated decommissioning costs not later than the start date of
10 the CSE system's full commercial operation.
11 (2) An amount equal to fifty percent (50%) of the total estimated
12 decommissioning costs not later than the fifth anniversary of the
13 start date of the CSE system's full commercial operation.
14 (3) An amount equal to one hundred percent (100%) of the total
15 estimated decommissioning costs not later than the tenth
16 anniversary of the start date of the CSE system's full commercial
17 operation. For purposes of this subdivision, the total estimated
18 decommissioning costs shall be reevaluated by a third party
19 licensed or registered engineer (or by another person with suitable
20 experience in the decommissioning of CSE systems, as agreed
21 upon by the project owner and the permit authority):
22 (A) in connection with the tenth anniversary of the start date
23 of the CSE system's full commercial operation; and
24 (B) at least once every succeeding five (5) year period after the
25 tenth anniversary of the start date of the CSE system's full
26 commercial operation;
27 and the total amount of the bond or security posted under this
28 subdivision shall be adjusted as necessary after each reevaluation.
29 (b) For purposes of this section, the estimated cost of
30 decommissioning a CSE system, as calculated by a licensed or
31 registered professional engineer (or by another person with suitable
32 experience in the decommissioning of CSE systems, as agreed upon by
33 the project owner and the permit authority), shall be net of any
34 estimated salvage value attributable to the CSE system at the time of
35 decommissioning, unless the unit and the project owner agree to
36 include any such value in the estimated cost.
37 (c) A project owner shall provide to the permit authority written
38 notice of the project owner's intent to decommission a CSE system not
39 later than sixty (60) days before the discontinuation of commercial
40 operation by the CSE system. Except as provided in subsection (e),
41 after the discontinuation of commercial operation by the CSE system,
42 and as part of the decommissioning process:
2025	IN 1628—LS 7758/DI 92 17
1 (1) all structures, foundations, roads, gravel areas, and cables
2 associated with the project shall be removed to a depth of at least
3 thirty-six (36) inches below grade; and
4 (2) the ground shall be restored to a condition reasonably similar
5 to its condition before the start of construction activities in
6 connection with the CSE system project.
7 (d) Except as provided in subsection (e), if the project owner fails
8 to remove all CSE system project assets not later than one (1) year after
9 the proposed date of final decommissioning, as set forth in the notice
10 to the permit authority under subsection (c), the permit authority may
11 engage qualified contractors to:
12 (1) enter the project site;
13 (2) remove the CSE system project assets;
14 (3) sell any assets removed; and
15 (4) remediate the site;
16 and may initiate proceedings to recover any costs incurred.
17 (e) Project assets may remain in place after decommissioning is
18 complete if:
19 (1) the location and condition of the assets conform with local
20 regulations at the time of decommissioning; and
21 (2) the written consent of the landowner is obtained.
22 SECTION 20. IC 14-11-1-10, AS ADDED BY P.L.191-2023,
23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 10. The department shall coordinate with local
25 governmental agencies (as defined in IC 36-7-4-1109(a), before its
26 repeal, or a local authority (as defined by IC 36-7-4-1706), for
27 purposes of the permit process described in IC 36-1-29-16.
28 SECTION 21. IC 36-1-27-2, AS ADDED BY P.L.3-2019,
29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 2. As used in this chapter, "permit" has the
31 meaning set forth in IC 36-7-4-1109(b) (before its repeal) and
32 IC 36-7-4-1707.
33 SECTION 22. IC 36-1-29-4, AS ADDED BY P.L.164-2020,
34 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 4. As used in this chapter, "local governmental
36 agency" has the meaning set forth in IC 36-7-4-1109(a) (before its
37 repeal). The term includes a local authority (as defined by
38 IC 36-7-4-1706).
39 SECTION 23. IC 36-1-29-7, AS ADDED BY P.L.164-2020,
40 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 7. As used in this chapter, "permit" has the
42 meaning set forth in IC 36-7-4-1109(b) (before its repeal) and
2025	IN 1628—LS 7758/DI 92 18
1 IC 36-7-4-1707.
2 SECTION 24. IC 36-7-4-402, AS AMENDED BY P.L.126-2011,
3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 402. (a) ADVISORY. Each advisory plan
5 commission shall prescribe the qualifications of, appoint, remove, and
6 fix the compensation of the employees of the commission, which
7 compensation must conform to salaries and compensations fixed before
8 that time by the fiscal body of the county or municipality, as the case
9 may be. The commission shall delegate authority to its employees to
10 perform ministerial acts in all cases except where final action of the
11 commission or a board of zoning appeals is required by law.
12 (b) AREA. Each area plan commission shall prescribe the
13 qualifications of, and with the consent of the executive director, fix the
14 compensation of the employees of the planning department, which
15 compensation must conform to salaries and compensations fixed before
16 that time by the county fiscal body. The commission shall delegate
17 authority to its employees to perform ministerial acts in all cases except
18 where final action of the commission or a board of zoning appeals is
19 required by law.
20 (c) METRO. The metropolitan development commission shall
21 delegate authority to employees of the department of metropolitan
22 development to perform ministerial acts in all cases except where final
23 action of the commission or a board of zoning appeals is required by
24 law.
25 (d) The plan commission may delegate to a hearing examiner or a
26 committee of the commission the authority to conduct any public
27 hearing required to be held by the commission or make any decision
28 required to be made by the commission, or both. However, only a plat
29 committee appointed under section 701(e) of this chapter may be
30 delegated the authority to make decisions under the 700 series of this
31 chapter. Such a hearing must be held upon the same notice and under
32 the same rules as a hearing before the entire commission, and the
33 examiner or committee shall report findings of fact and
34 recommendations for decision to the commission or make the decision
35 on behalf of the commission. A decision made under the authority of
36 this subsection may not be a basis for judicial review, but it may be
37 appealed to the plan commission. An interested person who wishes to
38 appeal a decision made under the authority of this subsection must file
39 the appeal not later than five (5) days after the date the decision is
40 made, and the plan commission shall then hold the prescribed hearing
41 and render its decision.
42 (e) METRO. The metropolitan development commission may
2025	IN 1628—LS 7758/DI 92 19
1 designate a historic preservation commission created under
2 IC 36-7-11.1-3 to conduct the public hearing required to be held by the
3 metropolitan development commission under the 600 series of this
4 chapter relative to the territory included in a historic area or historic
5 zoning district created under IC 36-7-11.1-6. The hearing must be held
6 upon the same notice and under the same rules as a hearing before the
7 metropolitan development commission. The historic preservation
8 commission shall report to the metropolitan development commission
9 the historic preservation commission's findings of fact and
10 recommendations for decision. The metropolitan development
11 commission shall by rule provide reasonable opportunity for interested
12 persons to file exceptions to the findings and recommendations. If an
13 exception is filed in accordance with the rules, the metropolitan
14 development commission shall hold the prescribed hearing. If an
15 exception is not filed, the metropolitan development commission shall
16 render a decision without further hearing. However, this subsection
17 does not eliminate the need for a historic preservation commission to
18 issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the
19 approval of a rezoning by the metropolitan development commission.
20 (f) Notwithstanding any other law, a local authority (as defined
21 in section 1706 of this chapter) must issue a permit for which
22 approval is ministerial under this section to a person not later than
23 twelve (12) business days after the person has:
24 (1) filed a complete permit application correcting any defects
25 as provided in section 1710 of this chapter; and
26 (2) met all conditions required:
27 (A) under this chapter; and
28 (B) any other statute.
29 SECTION 25. IC 36-7-4-601.5 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 601.5. The following provision is
32 considered to be included in any regulation adopted under section
33 601(d)(2)(B) of this series that sets forth requirements for signs:
34 "The owner of any sign that is otherwise allowed by this
35 regulation may substitute noncommercial copy in place of any
36 other commercial or noncommercial copy. This substitution
37 of copy may be made without the issuance of any additional
38 permit by a local government agency. The purpose of this
39 provision is to prevent any inadvertent favoring of
40 commercial speech over noncommercial speech, or the
41 favoring of any particular noncommercial message over any
42 other noncommercial message. This provision prevails over
2025	IN 1628—LS 7758/DI 92 20
1 any more specific provision in this regulation to the
2 contrary.".
3 SECTION 26. IC 36-7-4-702, AS AMENDED BY P.L.126-2011,
4 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 702. (a) In determining whether to grant primary
6 approval of a plat, the plan commission (or plat committee acting on
7 the commission's behalf) shall determine if the plat or subdivision
8 qualifies for primary approval under the standards prescribed by the
9 subdivision control ordinance.
10 (b) The subdivision control ordinance must specify the standards for
11 determining whether a plat qualifies for primary approval. The
12 ordinance must include standards for:
13 (1) minimum width, depth, and area of lots in the subdivision;
14 (2) public way widths, grades, curves, and the coordination of
15 subdivision public ways with current and planned public ways;
16 and
17 (3) the extension of water, sewer, and other municipal services.
18 The ordinance may also include standards for the allocation of areas to
19 be used as public ways, parks, schools, public and semipublic
20 buildings, homes, businesses, and utilities, and any other standards
21 related to the purposes of this chapter.
22 (c) The standards fixed in the subdivision control ordinance under
23 subsection (b) may be waived at the discretion of the plan commission
24 (or plat committee acting on the commission's behalf); however, to be
25 approved, the plat must still meet all applicable standards prescribed
26 in the zoning ordinance (other than standards modified by variance in
27 accordance with the 900 series of this chapter). As a condition of
28 granting a waiver under this subsection, the commission or committee
29 may allow or require a commitment to be made under section 1015 of
30 this chapter.
31 (d) As a condition of primary approval of a plat, the commission or
32 committee may specify:
33 (1) the manner in which public ways shall be laid out, graded, and
34 improved;
35 (2) a provision for water, sewage, and other utility services;
36 (3) a provision for lot size, number, and location;
37 (4) a provision for drainage design; and
38 (5) a provision for other services as specified in the subdivision
39 control ordinance.
40 (e) The subdivision control ordinance may not regulate
41 condominiums regulated by IC 32-25.
42 (f) A subdivision control ordinance must require a unit to use
2025	IN 1628—LS 7758/DI 92 21
1 data from the:
2 (1) unit's one hundred (100) year flood map; and
3 (2) National Oceanic and Atmospheric Administration Atlas
4 14 Precipitation-Frequency Atlas of the United States (2004);
5 to calculate and regulate storm water runoff from a developed or
6 undeveloped plat. A unit may not use data from another state.
7 SECTION 27. IC 36-7-4-703 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 703. (a) A person
9 desiring the approval of a plat shall submit a written application for
10 approval in accordance with procedures prescribed by the legislative
11 body in the subdivision control ordinance.
12 (b) If a subdivision control ordinance requires a plat committee
13 to review an application, the plat committee shall take action on
14 the application not later than thirty (30) days after the day on
15 which a person submits the plat application. Before the plat
16 committee may take any action on the application, the plat
17 committee must meet with all necessary individuals, including the
18 applicant's representative, within this thirty (30) day period.
19 SECTION 28. IC 36-7-4-705 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 705. Upon receipt of an
21 application for primary approval, the plan commission staff shall
22 review the application for technical conformity with the standards fixed
23 in the subdivision control ordinance. Within fifteen (15) days after
24 submission of an application, the staff shall notify the applicant of
25 all defects in the application. Within thirty (30) days after receipt, the
26 staff shall announce the date for a hearing before the plan commission
27 or plat committee and provide for notice in accordance with section
28 706 of this chapter. The plan commission shall, by rule, prescribe
29 procedures for setting hearing dates and for the conduct of hearings. A
30 public hearing shall be scheduled not later than sixty (60) days
31 after a person files an application.
32 SECTION 29. IC 36-7-4-707, AS AMENDED BY P.L.126-2011,
33 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 707. (a) If, after the hearing, the plan commission
35 or plat committee determines that the application and plat comply with
36 the standards in the subdivision control ordinance, the commission or
37 committee shall make written findings and a decision granting primary
38 approval to the plat. This decision, which must also specify any
39 condition imposed or waiver granted under section 702 of this chapter,
40 must be signed by an official designated in the subdivision control
41 ordinance.
42 (b) If, after the hearing, the plan commission or plat committee
2025	IN 1628—LS 7758/DI 92 22
1 disapproves the plat, the commission or committee shall make written
2 findings that set forth its reasons and a decision denying primary
3 approval and shall provide the applicant with a copy of the written
4 findings, including the deficiencies of the application, within fifteen
5 (15) days of the plan commission or plat committee's final decision.
6 This decision must be signed by the official designated in the
7 subdivision control ordinance.
8 (c) If a plan commission or plat committee fails to make written
9 findings and a decision granting or denying primary approval to
10 a plat not later than sixty (60) days after a public hearing, then the
11 plat is considered to have received primary approval.
12 (c) (d) This section applies to any subdivision of land, whether or
13 not it is exempted from the notice and hearing requirements of this
14 series under section 701(d) of this chapter.
15 SECTION 30. IC 36-7-4-801.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 801.5. The provisions of the 1700
18 series apply to the issuance of an improvement location permit.
19 SECTION 31. IC 36-7-4-802.5 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 802.5. Notwithstanding any other
22 law, a local authority (as defined in section 1706 of this chapter)
23 must issue an improvement location permit issued under this series
24 to a person not later than twelve (12) business days after the person
25 has:
26 (1) filed a complete permit application, correcting any defects
27 as provided in section 1710 of this chapter; and
28 (2) met all conditions required:
29 (A) under this chapter; and
30 (B) any other statute.
31 SECTION 32. IC 36-7-4-1109 IS REPEALED [EFFECTIVE JULY
32 1, 2025]. Sec. 1109. (a) As used in this section, "local governmental
33 agency" includes any agency, officer, board, or commission of a local
34 unit of government that may issue:
35 (1) a permit; or
36 (2) an approval of a land use or an approval for the construction
37 of a development, a building, or another structure.
38 (b) As used in this section, "permit" means any of the following:
39 (1) An improvement location permit.
40 (2) A building permit.
41 (3) A certificate of occupancy.
42 (4) Approval of a site-specific development plan.
2025	IN 1628—LS 7758/DI 92 23
1 (5) Approval of a primary or secondary plat.
2 (6) Approval of a contingent use, conditional use, special
3 exception or special use.
4 (7) Approval of a planned unit development.
5 (c) If a person files a complete application as required by the
6 effective ordinances or rules of a local unit of government or a local
7 governmental agency for a permit with the appropriate local
8 governmental agency, the granting of the permit, and the granting of
9 any secondary, additional, or related permits or approvals required
10 from the same local governmental agency with respect to the general
11 subject matter of the application for the first permit, are governed for
12 at least three (3) years after the person applies for the permit by the
13 statutes, ordinances, rules, development standards, and regulations in
14 effect and applicable to the property when the application is filed, even
15 if before the issuance of the permit or while the permit approval
16 process is pending, or before the issuance of any secondary, additional,
17 or related permits or approvals or while the secondary, additional, or
18 related permit or approval process is pending, the statutes, ordinances,
19 rules, development standards, or regulations governing the granting of
20 the permit or approval are changed by the general assembly or the
21 applicable local legislative body or regulatory body, regardless of
22 whether such changes in the statutes, ordinances, rules, development
23 standards, or regulations are part of a zoning ordinance, a subdivision
24 control ordinance, or a statute, ordinance, or regulation that is based on
25 the general police powers of the local unit of government. However,
26 this subsection does not apply if the development or other activity to
27 which the permit relates is not completed within ten (10) years after the
28 development or activity is commenced.
29 (d) Subsection (e) applies if:
30 (1) either:
31 (A) a local governmental agency issues to a person a permit or
32 grants a person approval for the construction of a
33 development, a building, or another structure; or
34 (B) a permit or approval is not required from the local
35 governmental agency for the construction of the development,
36 building, or structure;
37 (2) before beginning the construction of the development,
38 building, or structure, the person must obtain a permit or approval
39 for the construction of the development, building, or structure
40 from a state governmental agency; and
41 (3) the person has applied for the permit or requested the approval
42 for the construction of the development, building, or structure
2025	IN 1628—LS 7758/DI 92 24
1 from the state governmental agency within ninety (90) days of
2 issuance of the permit by the local governmental agency.
3 (e) Subject to subsection (f), if the conditions of subsection (d) are
4 satisfied:
5 (1) a permit or approval issued or granted to a person by the local
6 governmental agency for the construction of the development,
7 building, or structure; or
8 (2) the person's right to construct the development, building, or
9 structure without a permit or approval from the local
10 governmental agency;
11 is governed for at least three (3) years after the person applies for the
12 permit by the statutes, ordinances, rules, development standards,
13 regulations, and approvals in effect and applicable to the property when
14 the person applies for the permit or requests approval from the state
15 governmental agency for the construction of the development, building,
16 or structure, even if before the commencement of the construction or
17 while the permit application or approval request is pending with the
18 state governmental agency the statutes governing the granting of the
19 permit or approval from the local governmental agency are changed by
20 the general assembly or the ordinances, rules, development standards,
21 or regulations of the local unit of government or the local governmental
22 agency are changed by the applicable local legislative body or
23 regulatory body, regardless of whether such changes in the statutes,
24 ordinances, rules, development standards, or regulations are part of a
25 zoning ordinance, a subdivision control ordinance, or a statute,
26 ordinance, or regulation that is based on the general police powers of
27 the local unit of government. However, this subsection does not apply
28 if the development or other activity to which the permit or approval
29 request relates is not completed within ten (10) years after the
30 development or activity is commenced.
31 (f) Subsection (d) does not apply to property when it is
32 demonstrated by the local or state governmental agency that the
33 construction of the development, building, or structure would cause
34 imminent peril to life or property.
35 (g) This section does not apply to building codes under IC 22-13.
36 (h) The following provision is considered to be included in any
37 regulation adopted under section 601(d)(2)(B) of this chapter that sets
38 forth requirements for signs:
39 "The owner of any sign that is otherwise allowed by this
40 regulation may substitute noncommercial copy in place of any
41 other commercial or noncommercial copy. This substitution of
42 copy may be made without the issuance of any additional permit
2025	IN 1628—LS 7758/DI 92 25
1 by a local government agency. The purpose of this provision is to
2 prevent any inadvertent favoring of commercial speech over
3 noncommercial speech, or the favoring of any particular
4 noncommercial message over any other noncommercial message.
5 This provision prevails over any more specific provision in this
6 regulation to the contrary.".
7 (i) Notwithstanding any other law, a local governmental agency
8 must, not later than twelve (12) business days after a person has filed
9 a complete application for a permit for which approval is ministerial
10 under IC 36-7-4-402 or an improvement location permit issued under
11 the 800 series of this chapter and meets all conditions required under
12 this chapter and any other statute, issue the permit to the person.
13 SECTION 33. IC 36-7-4-1700 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 1700. This series (sections 1700
16 through 1714 of this chapter) may be cited as follows: 1700
17 SERIES-DEVELOPER'S RIGHTS.
18 SECTION 34. IC 36-7-4-1701 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2025]: Sec. 1701. As used in this series,
21 "actual construction" means that:
22 (1) construction materials are being permanently placed; and
23 (2) construction work is proceeding without undue delay.
24 SECTION 35. IC 36-7-4-1702 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 1702. As used in this series,
27 "applicant" means any person applying to a local authority for a
28 permit or approval.
29 SECTION 36. IC 36-7-4-1703 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 1703. As used in this series,
32 "development agreement" means a contract entered into between
33 a person and a local authority regarding development of the
34 property that is executed after June 30, 2025.
35 SECTION 37. IC 36-7-4-1704 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 1704. As used in this series,
38 "extraordinary event" means a circumstance that is:
39 (1) unforeseen; and
40 (2) not within the reasonable control of a party, including the
41 following:
42 (A) Fire, flood, tornado, or other natural disasters or acts
2025	IN 1628—LS 7758/DI 92 26
1 of God.
2 (B) War, civil strife, a terrorist attack, or other similar acts
3 of violence.
4 (C) Unavailability of materials, equipment, services, or
5 labor, including unavailability due to ongoing global
6 supply chain shortages.
7 (D) Utility or energy shortages or acts or omissions of
8 public utility providers.
9 (E) Unexpected or extensive delays in procuring required
10 permits, zoning, or other approvals necessary to perform
11 a party's obligations.
12 (F) Any delay resulting from a pandemic, epidemic, or
13 other public health emergency or related restrictions.
14 (G) Litigation initiated by a third party against the
15 development.
16 (H) Other unforeseen events over which a party has no
17 control.
18 The term does not include a party's failure to anticipate normal
19 and customary delays due to weather.
20 SECTION 38. IC 36-7-4-1705 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 1705. As used in this series, "legal
23 restrictions" means statutes, ordinances, rules, development
24 standards, policies, and regulations. However, the term does not
25 include building codes under IC 22-13.
26 SECTION 39. IC 36-7-4-1706 IS ADDED TO THE INDIANA
27 CODE AS A NEW SECTION TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 1706. As used in this series, "local
29 authority" includes any agency, officer, board, or commission of a
30 unit that issues:
31 (1) a permit; or
32 (2) an approval:
33 (A) of a land use; or
34 (B) for the construction of a development, a building, or
35 another structure.
36 SECTION 40. IC 36-7-4-1707 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 1707. As used in this series,
39 "permit" means any of the following:
40 (1) An improvement location permit.
41 (2) A building permit.
42 (3) A certificate of occupancy.
2025	IN 1628—LS 7758/DI 92 27
1 (4) Approval of a site-specific development plan.
2 (5) Approval of a primary or secondary plat.
3 (6) Approval of a variance, contingent use, conditional use,
4 special exception or special use.
5 (7) Approval of planned unit development.
6 SECTION 41. IC 36-7-4-1708 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 1708. (a) This section applies if a
9 local authority requires an applicant to meet certain requirements
10 within a specific time period to:
11 (1) obtain a permit; or
12 (2) maintain a permit.
13 (b) If an applicant shows that an extraordinary event prevented
14 the applicant from meeting the deadline, the local authority shall
15 grant the applicant an extension of time to meet the requirements.
16 At a minimum, the deadline must be extended by the length of the
17 delay that:
18 (1) was caused by the extraordinary event; and
19 (2) prevented the applicant from meeting the deadline.
20 SECTION 42. IC 36-7-4-1709 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 1709. (a) This section applies if:
23 (1) an ordinance establishes a time period for an applicant to
24 obtain a permit or commence or complete a permitted use;
25 and
26 (2) the local authority's decision to grant the applicant the
27 permit is appealed by a party.
28 (b) A time period in a zoning ordinance for:
29 (1) commencing a permitted use is tolled to allow the
30 permitted use to be commenced:
31 (A) upon the start of actual construction of the use as
32 approved; and
33 (B) not later than two (2) years after the date of the final
34 disposition of all appeals of the permitting authority's
35 decision; and
36 (2) completing a permitted use may not begin to run until
37 actual construction has started.
38 Any zoning ordinance to the contrary is invalid or unenforceable.
39 (c) Upon approval of a permit, the approved permitted use
40 constitutes a lawful use:
41 (1) while an appeal of the local authority's decision approving
42 the permit is pending; and
2025	IN 1628—LS 7758/DI 92 28
1 (2) that may not be affected by any subsequently adopted
2 zoning provisions.
3 If approval of the permit is upheld on final appeal, the permitted
4 use shall be allowed to be commenced within the extended two (2)
5 year period set forth in subsection (b).
6 SECTION 43. IC 36-7-4-1710 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 1710. (a) This section does not
9 apply to the issuance of a design release or a plan review under
10 IC 22-15.
11 (b) A local authority shall review a permit application for
12 completeness. If a local authority determines that an application is
13 incomplete, the local authority must notify the applicant not later
14 than thirty (30) days after receipt of the application:
15 (1) in writing; and
16 (2) of all defects in the application.
17 If a local authority fails to notify an applicant as required under
18 this subsection, the local authority shall consider the permit
19 application to be complete.
20 (c) An applicant that receives a timely written notice that an
21 application is incomplete under subsection (b) may:
22 (1) cure the defects in the application; and
23 (2) resubmit the corrected application to the local authority;
24 not later than thirty (30) days after receiving the notice. If an
25 applicant is unable to cure the defects within the thirty (30) day
26 period, the applicant shall notify the local authority of the
27 additional time the applicant requires to cure the defects.
28 (d) Subject to subsection (e), not more than ninety (90) days
29 after making an initial determination of completeness under
30 subsection (b), a local authority shall:
31 (1) review the application to determine if it complies with all
32 applicable provisions; and
33 (2) notify the applicant in writing whether the application is
34 approved or denied.
35 The local authority shall provide the authority's written
36 determination and findings of fact to the applicant.
37 (e) If an applicant requested additional time under subsection
38 (c) to cure defects in the application, the ninety (90) day period set
39 forth in subsection (d) is extended for a corresponding amount of
40 time.
41 SECTION 44. IC 36-7-4-1711 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
2025	IN 1628—LS 7758/DI 92 29
1 [EFFECTIVE JULY 1, 2025]: Sec. 1711. (a) A development
2 agreement entered into by a local authority must set forth the legal
3 restrictions, including development standards and any other
4 provisions, that:
5 (1) apply to; and
6 (2) govern;
7 the use and development of the real property for the duration
8 specified in the development agreement.
9 (b) For purposes of this section, "development standards"
10 includes the following:
11 (1) Project elements including any of the following:
12 (A) Permitted uses.
13 (B) Residential densities.
14 (C) Nonresidential densities and intensities.
15 (D) Building sizes.
16 (2) Impact fees, inspection fees, or dedications.
17 (3) Mitigation measures, development conditions, and other
18 requirements.
19 (4) Design standards including:
20 (A) maximum heights for buildings and structures;
21 (B) setbacks;
22 (C) drainage;
23 (D) landscaping; and
24 (E) any other development features.
25 (5) Affordable housing.
26 (6) Parks and open space preservation.
27 (7) Phasing.
28 (8) Review procedures and standards for implementing
29 decisions.
30 (9) Any other development requirement or procedure.
31 (c) A development agreement must:
32 (1) reserve authority for the local authority to impose new or
33 different legal restrictions to the extent required by a serious
34 threat to public health and safety; and
35 (2) be consistent with applicable legal restrictions adopted by
36 the local authority.
37 SECTION 45. IC 36-7-4-1712 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 1712. (a) Except as provided in
40 subsection (b), a local authority's legal restrictions governing the
41 development of the real property at the time the development
42 agreement is executed shall continue to govern the development of
2025	IN 1628—LS 7758/DI 92 30
1 the real property for the duration of the development agreement.
2 (b) A local authority may apply legal restrictions adopted after
3 the execution of a development agreement to a development only
4 if the local authority has held a public hearing and determined
5 that:
6 (1) the legal restrictions:
7 (A) are not in conflict with the legal restrictions governing
8 the development agreement;
9 (B) do not prevent development of the land uses,
10 intensities, or densities in the development agreement;
11 (C) are essential to the public health, safety, or welfare;
12 (D) expressly state that they apply to a development that is
13 subject to a development agreement; or
14 (E) are specifically anticipated and provided for in the
15 development agreement;
16 (2) the local authority demonstrates that substantial changes
17 have occurred in pertinent conditions existing at the time of
18 approval of the development agreement; or
19 (3) The development agreement is based on substantially
20 inaccurate information supplied by the developer.
21 (c) This section does not abrogate any rights that may vest
22 under common law.
23 SECTION 46. IC 36-7-4-1713 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 1713. (a) This section does not
26 apply to the following:
27 (1) A development that is subject to a development agreement.
28 (2) A permit or approval related to development or other
29 activity that is not completed within ten (10) years after the
30 development or activity is commenced.
31 (b) If a person files a complete application as required by the
32 legal restrictions of a local authority for a permit with the
33 appropriate local authority, the granting of:
34 (1) the permit; and
35 (2) any secondary, additional, or related permits or approvals
36 required from the same local authority with respect to the
37 general subject matter of the application for the first permit;
38 are governed for at least three (3) years after the date the person
39 files a complete application by the legal restrictions in effect and
40 applicable to the property when the completed application is filed.
41 (c) This section applies to a permit or approval even if:
42 (1) before the issuance of the permit;
2025	IN 1628—LS 7758/DI 92 31
1 (2) while the permit approval process is pending;
2 (3) before the issuance of any secondary, additional, or related
3 permits or approvals; or
4 (4) while the secondary, additional, or related permit or
5 approval process is pending;
6 the legal restrictions governing the granting of the permit or
7 approval are changed by the general assembly or the applicable
8 local legislative body or regulatory body, regardless of whether the
9 changes in the legal restrictions are part of a zoning ordinance, a
10 subdivision control ordinance, or are based on the general police
11 powers of the local unit of government.
12 SECTION 47. IC 36-7-4-1714 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 1714. (a) This section does not
15 apply if:
16 (1) the local or state governmental agency shows that the
17 construction of the development, building, or structure would
18 cause imminent peril to life or property; or
19 (2) the development or other activity to which the permit or
20 approval request relates is not completed within ten (10) years
21 after the development or activity is commenced.
22 (b) This section applies if:
23 (1) either:
24 (A) a local authority issues to a person a permit or grants
25 a person approval for the construction of a development,
26 a building, or another structure; or
27 (B) a permit or approval is not required from the local
28 authority for the construction of the development,
29 building, or structure;
30 (2) before beginning the construction of the development,
31 building, or structure, the person must obtain:
32 (A) a permit; or
33 (B) approval;
34 for the construction of the development, building, or structure
35 from a state governmental agency; and
36 (3) the person has:
37 (A) applied for the permit; or
38 (B) requested the approval;
39 for the construction of the development, building, or structure
40 from the state governmental agency not later than ninety (90)
41 days after issuance of the permit by the local authority.
42 (c) If the conditions of subsection (b) are satisfied:
2025	IN 1628—LS 7758/DI 92 32
1 (1) a permit or approval issued or granted to a person by the
2 local authority for the construction of the development,
3 building, or structure; or
4 (2) the person's right to construct the development, building,
5 or structure without a permit or approval from the local
6 authority;
7 is governed for at least three (3) years after the person applies for
8 the permit by the legal restrictions in effect and applicable to the
9 property when the person applies for the permit or requests
10 approval from the state governmental agency for the construction
11 of the development, building, or structure.
12 (d) This section applies even if:
13 (1) before the commencement of the construction; or
14 (2) while the permit application or approval request is
15 pending with the state governmental agency;
16 the statutes governing the granting of the permit or approval from
17 the local authority are changed by the general assembly or the
18 provisions of the local authority are changed by the applicable
19 local legislative body or regulatory body, regardless of whether the
20 changes in the provisions are part of a zoning ordinance, a
21 subdivision control ordinance, or a statute, ordinance, or
22 regulation that is based on the general police powers of the local
23 unit of government.
24 SECTION 48. IC 36-9-28.5-6 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) A policy adopted by a
27 legislative body of a unit under this chapter must comply with
28 IC 36-7-4-702(f).
2025	IN 1628—LS 7758/DI 92