Indiana 2025 Regular Session

Indiana Senate Bill SB0425 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ES0425.2
2		-	Reprinted
3		-	April 15, 2025
	1	+	ES0425.1
	2	+	April 8, 2025
4	3		ENGROSSED
5	4		SENATE BILL No. 425
6	5		_____
7		-	DIGEST OF SB 425 (Updated April 14, 2025 4:24 pm - DI 87)
	6	+	DIGEST OF SB 425 (Updated April 8, 2025 2:43 pm - DI 101)
8	7		Citations Affected: IC 8-1; IC 14-11; IC 36-1; IC 36-7.
9	8		Synopsis: Energy production zones. Provides that a project owner is
10	9		not required to apply for or receive a zoning permit (permit), or any
11	10		other land use or zoning approval, from a local authority for the
12	11		construction of a facility, other than a wind power device or
13	12		commercial solar energy system, for the generation of electricity
14	13		(electric generation facility) if: (1) the Indiana utility regulatory
15	14		commission (commission): (A) grants the project owner a certificate of
16	15		public convenience and necessity for the construction; or (B) declines
17	16		jurisdiction over the construction; (2) the electric generation facility
	17	+	will be located on a premise of land on which there was located as of
	18	+	January 1, 2025: (A) an existing electric generation facility with a
	19	+	generating capacity of at least 80 megawatts, regardless of whether the
	20	+	electric generation facility is operational; or (B) a former surface or
	21	+	underground mine; and (3) the project owner complies with specified
	22	+	notice and hearing requirements. Requires an applicant for a permit
	23	+	from a local authority to be given an extension of time if the applicant's
	24	+	failure to meet the application deadline was caused by unforeseen
	25	+	circumstances beyond the applicant's control. Provides that a deadline
18	26		(Continued next page)
19	27		Effective: July 1, 2025.
20	28		Koch, Donato, Schmitt
21	29		(HOUSE SPONSOR — SOLIDAY)
22	30		January 13, 2025, read first time and referred to Committee on Utilities.
23	31		February 13, 2025, amended, reported favorably — Do Pass.
24	32		February 17, 2025, read second time, ordered engrossed. Engrossed.
25	33		February 20, 2025, read third time, passed. Yeas 37, nays 12.
26	34		HOUSE ACTION
27	35		March 3, 2025, read first time and referred to Committee on Utilities, Energy and
28	36		Telecommunications.
29	37		April 8, 2025, amended, reported — Do Pass.
30		-	April 14, 2025, read second time, amended, ordered engrossed.
31	38		ES 425—LS 7492/DI 119 Digest Continued
32		-	will be located on a premise of land on which there was located as of
33		-	January 1, 2025: (A) an existing electric generation facility with a
34		-	generating capacity of at least 80 megawatts, regardless of whether the
35		-	electric generation facility is operational; or (B) a former surface or
36		-	underground mine; and (3) the project owner complies with specified
37		-	notice and hearing requirements. Requires an applicant for a permit
38		-	from a local authority to be given an extension of time if the applicant's
39		-	failure to meet the application deadline was caused by unforeseen
40		-	circumstances beyond the applicant's control. Provides that a deadline
41	39		in an ordinance for commencing or completing a permitted use is tolled
42	40		until two years after the conclusion of any litigation or regulatory
43	41		proceeding regarding the granting of the permit. Sets deadlines for
44	42		review of permit applications. Establishes requirements for
45	43		development agreements. Provides that certain legal restrictions in
46	44		effect at the time a permit is issued continue to apply unless the
47	45		development is not completed within 10 years. Specifies that certain
48	46		legal restrictions in effect at the time a development agreement is
49	47		entered into apply for the period specified in the development
50	48		agreement. Provides that the statute governing the approval of permits
51	49		concerning zoning does not authorize the impairment of any vested
52	50		right or abrogate any rights vested under common law. Specifies when
53	51		land use rights are considered vested. Imposes other requirements upon
54	52		the permit approval process. Authorizes a political subdivision or a
55	53		local authority to prohibit, for a period of not more than one year, the
56	54		siting, construction, installation, permitting, or deployment of a project
57	55		(other than a project undertaken by specified entities) that involves the
58	56		siting, construction, or deployment of facilities, equipment, or
59	57		infrastructure used in the generation of electricity. Provides that a
60	58		prohibition may not be extended or renewed for any length of time,
61		-	regardless of when the prohibition first takes effect. Provides that after
62		-	an advisory plan commission certifies a proposal to adopt, amend, or
63		-	partially repeal the text of a zoning ordinance, the legislative body must
64		-	take final action to adopt, amend, or reject the proposal. (Current law
65		-	provides that after the legislative body acts on the proposal, the
66		-	proposal returns to the plan commission for further proceedings.)
67		-	ES 425—LS 7492/DI 119ES 425—LS 7492/DI 119 Reprinted
68		-	April 15, 2025
	59	+	regardless of when the prohibition first takes effect.
	60	+	ES 425—LS 7492/DI 119ES 425—LS 7492/DI 119 April 8, 2025
69	61		First Regular Session of the 124th General Assembly (2025)
70	62		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
71	63		Constitution) is being amended, the text of the existing provision will appear in this style type,
72	64		additions will appear in this style type, and deletions will appear in this style type.
73	65		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
74	66		provision adopted), the text of the new provision will appear in this style type. Also, the
75	67		word NEW will appear in that style type in the introductory clause of each SECTION that adds
76	68		a new provision to the Indiana Code or the Indiana Constitution.
77	69		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
78	70		between statutes enacted by the 2024 Regular Session of the General Assembly.
79	71		ENGROSSED
80	72		SENATE BILL No. 425
81	73		A BILL FOR AN ACT to amend the Indiana Code concerning land
82	74		use planning and development.
83	75		Be it enacted by the General Assembly of the State of Indiana:
84	76		1 SECTION 1. IC 8-1-8.2 IS ADDED TO THE INDIANA CODE AS
85	77		2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
86	78		3 1, 2025]:
87	79		4 Chapter 8.2. Energy Production Zones
88	80		5 Sec. 1. (a) As used in this chapter, "electric generation facility"
89	81		6 means:
90	82		7 (1) a facility; or
91	83		8 (2) infrastructure associated with a facility;
92	84		9 for the generation of electricity.
93	85		10 (b) The term does not include the following:
94	86		11 (1) A wind power device (as defined in IC 8-1-41-7).
95	87		12 (2) A commercial solar energy system (as defined in
96	88		13 IC 8-1-42-2).
97	89		14 Sec. 2. (a) As used in this chapter, "energy production zone"
98	90		15 means a premise of land on which any of the following was located
99	91		16 as of January 1, 2025:
100	92		17 (1) An electric generation facility with a generating capacity
101	93		ES 425—LS 7492/DI 119 2
102	94		1 of at least eighty (80) megawatts, regardless of whether the
103	95		2 electric generation facility is operational.
104	96		3 (2) A surface or underground mine at which mining
105	97		4 operations are no longer occurring.
106	98		5 (b) The term does not include a premise of land on which either
107	99		6 of the following was located as of January 1, 2025:
108	100		7 (1) One (1) or more wind power devices (as defined in
109	101		8 IC 8-1-41-7) that are integrated into an electric generation
110	102		9 facility.
111	103		10 (2) One (1) or more commercial solar energy systems (as
112	104		11 defined in IC 8-1-42-2).
113	105		12 Sec. 3. As used in this chapter, "local authority" has the
114	106		13 meaning set forth in IC 36-7-4-1109.
115	107		14 Sec. 4. As used in this chapter, "permit" has the meaning set
116	108		15 forth in IC 36-7-4-1109.
117	109		16 Sec. 5. As used in this chapter, "premise of land" means
118	110		17 property comprising a tract of land on which a project owner
119	111		18 proposes to construct an electric generation facility, including land
120	112		19 within the perimeter of the tract of land that was not owned by the
121	113		20 project owner as of January 1, 2025.
122	114		21 Sec. 6. As used in this chapter, "project owner" means a person
123	115		22 that proposes to construct an electric generation facility.
124	116		23 Sec. 7. As used in this chapter, "retail electric service":
125	117		24 (1) means electric service furnished to a customer, including
126	118		25 a residential, commercial, or industrial customer, for
127	119		26 consumption by the customer; and
128	120		27 (2) does not include wholesale electric service.
129	121		28 Sec. 8. As used in this chapter, "unit" has the meaning set forth
130	122		29 in IC 36-1-2-23.
131	123		30 Sec. 9. As used in this chapter, "wholesale electric service"
132	124		31 means provision of electricity to another person for resale,
133	125		32 including in wholesale markets.
134	126		33 Sec. 10. (a) A project owner is not required to obtain a permit,
135	127		34 or any other land use or zoning approval, from a local authority
136	128		35 for the construction of an electric generation facility if:
137	129		36 (1) the commission:
138	130		37 (A) grants the project owner a certificate under
139	131		38 IC 8-1-8.5-2 for the construction; or
140	132		39 (B) declines jurisdiction over the construction under
141	133		40 IC 8-1-2.5-5;
142	134		41 (2) the electric generating facility will be located on a premise
143	135		42 of land that is an energy production zone; and
144	136		ES 425—LS 7492/DI 119 3
145	137		1 (3) the project owner complies with subsections (b) and (c).
146	138		2 (b) Not later than two hundred seventy (270) days before
147	139		3 beginning construction to which subsection (a) applies, a project
148	140		4 owner shall provide notice of the construction to the local authority
149	141		5 with planning authority under IC 36-7 for the premise of land on
150	142		6 which the construction will occur. The notice must include the
151	143		7 following information with regard to the construction and the
152	144		8 electric generation facility to be constructed:
153	145		9 (1) A comprehensive description of the electric generation
154	146		10 facility, including the following:
155	147		11 (A) The planned generation capacity of the electric
156	148		12 generation facility, expressed in megawatts.
157	149		13 (B) The energy source or technology that will be used by
158	150		14 the electric generation facility to generate electricity.
159	151		15 (C) The expected operational lifespan of the electric
160	152		16 generation facility.
161	153		17 (2) The expected date on which the construction will begin.
162	154		18 (3) The expected date on which the electric generation facility
163	155		19 will begin operation.
164	156		20 (4) Whether the electric generation facility will provide retail
165	157		21 electric service, wholesale electric service, or both.
166	158		22 (5) The project owner's plan for eventual decommissioning of
167	159		23 the electric generation facility.
168	160		24 (6) If construction of the electric generation facility will entail
169	161		25 decommissioning an existing electric generation facility that
170	162		26 is located on the premise of land on which the electric
171	163		27 generation facility will be located, the project owner's plan for
172	164		28 decommissioning the existing electric generation facility,
173	165		29 including financial assurances for the decommissioning.
174	166		30 (7) A detailed site plan that includes the location of the
175	167		31 following within or adjacent to the premise of land on which
176	168		32 the electric generation facility will be constructed:
177	169		33 (A) The structures associated with the electric generation
178	170		34 facility.
179	171		35 (B) The:
180	172		36 (i) existing electric generation facility, and any structures
181	173		37 associated with the existing electric generation facility;
182	174		38 or
183	175		39 (ii) surface or underground mine, and any structures
184	176		40 associated with the surface or underground mine;
185	177		41 located on the premise of land on which the electric
186	178		42 generation facility will be located.
187	179		ES 425—LS 7492/DI 119 4
188	180		1 (C) Existing and proposed access roads.
189	181		2 (D) Regulated drains or ditches.
190	182		3 (E) Flood plains.
191	183		4 (F) Wetlands.
192	184		5 (G) Historic sites or other areas of cultural or
193	185		6 environmental significance.
194	186		7 (8) An economic development plan detailing the expected
195	187		8 economic effect of the electric generation facility on the unit
196	188		9 within which the electric generation facility will be located,
197	189		10 including the following:
198	190		11 (A) The anticipated number and types of jobs to be
199	191		12 created:
200	192		13 (i) during the construction of the electric generation
201	193		14 facility; and
202	194		15 (ii) in the operation of the electric generation facility.
203	195		16 (B) The estimated property tax revenue the electric
204	196		17 generation facility will produce for the unit.
205	197		18 (C) An estimate of the overall:
206	198		19 (i) cost to the unit; and
207	199		20 (ii) effect on the unit's revenue;
208	200		21 associated with the electric generation facility.
209	201		22 (9) A safety, security, and emergency response plan describing
210	202		23 measures to ensure:
211	203		24 (A) site security and safety;
212	204		25 (B) coordination with the unit's services; and
213	205		26 (C) safeguarding of the public;
214	206		27 with regard to the construction and operation of the electric
215	207		28 generation facility.
216	208		29 (c) Not later than sixty (60) days after a project owner's
217	209		30 provision of the notice under subsection (b), the project owner shall
218	210		31 hold a public hearing in the unit in which the electric generation
219	211		32 facility will be located, during which the project owner shall:
220	212		33 (1) provide information to the public; and
221	213		34 (2) receive public comment;
222	214		35 regarding the electric generation facility and the construction of
223	215		36 the electric generation facility. The project owner shall publish
224	216		37 notice of the date, time, location, and subject of the public hearing
225	217		38 in accordance with IC 5-3-1-2(b).
226	218		39 (d) After providing notice to a local authority under subsection
227	219		40 (b), a project owner shall notify the local authority regarding any
228	220		41 substantive changes in the information provided by the project
229	221		42 owner under subsection (b) that occur before construction begins
230	222		ES 425—LS 7492/DI 119 5
231	223		1 on the electric generation facility to which the notice pertains.
232	224		2 Sec. 11. This chapter may not be construed to increase or
233	225		3 modify the authority of a local authority or a unit to regulate the
234	226		4 siting, construction, or deployment of an electric generation facility
235	227		5 that is not located in an energy production zone.
236	228		6 SECTION 2. IC 14-11-1-10, AS ADDED BY P.L.191-2023,
237	229		7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
238	230		8 JULY 1, 2025]: Sec. 10. The department shall coordinate with local
239	231		9 governmental agencies (as defined in IC 36-7-4-1109(a)) local
240	232		10 authorities (as defined in IC 36-7-4-1109) for purposes of the permit
241	233		11 process described in IC 36-1-29-16.
242	234		12 SECTION 3. IC 36-1-27-2, AS ADDED BY P.L.3-2019, SECTION
243	235		13 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
244	236		14 2025]: Sec. 2. As used in this chapter, "permit" has the meaning set
245	237		15 forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
246	238		16 SECTION 4. IC 36-1-29-4, AS ADDED BY P.L.164-2020,
247	239		17 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248	240		18 JULY 1, 2025]: Sec. 4. As used in this chapter, "local governmental
249	241		19 agency" "local authority" has the meaning set forth in
250	242		20 IC 36-7-4-1109(a). IC 36-7-4-1109.
251	243		21 SECTION 5. IC 36-1-29-7, AS ADDED BY P.L.164-2020,
252	244		22 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
253	245		23 JULY 1, 2025]: Sec. 7. As used in this chapter, "permit" has the
254	246		24 meaning set forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
255	247		25 SECTION 6. IC 36-1-29-10, AS ADDED BY P.L.164-2020,
256	248		26 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
257	249		27 JULY 1, 2025]: Sec. 10. (a) An owner of private property who is
258	250		28 subject to the jurisdiction of a local governmental agency authority in
259	251		29 a county subject to this chapter may:
260	252		30 (1) subject to applicable state laws and administrative rules, local
261	253		31 ordinances, and section 11 of this chapter, in the case of an
262	254		32 emergency, repair an existing seawall or revetment on the owner's
263	255		33 private property; or
264	256		34 (2) subject to applicable state laws and administrative rules, local
265	257		35 ordinances, and section 12 of this chapter, in the case of an
266	258		36 emergency, construct a new seawall or revetment on the owner's
267	259		37 private property;
268	260		38 whichever applies.
269	261		39 (b) For the purposes of this chapter, side seawalls on Lake Michigan
270	262		40 are temporary structures and must be at least eighteen (18) inches from
271	263		41 the private property line.
272	264		42 SECTION 7. IC 36-1-29-14, AS ADDED BY P.L.164-2020,
273	265		ES 425—LS 7492/DI 119 6
274	266		1 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275	267		JULY 1, 2025]: Sec. 14. Not later than ten (10) 2 business days after a
276	268		3 person submits a completed application for an emergency seawall or
277	269		4 revetment permit and meets all required conditions, a local
278	270		5 governmental agency authority shall:
279	271		6 (1) approve; or
280	272		7 (2) deny;
281	273		8 the person's application for the emergency permit. If a local
282	274		9 governmental agency authority does not approve or deny the
283	275		10 emergency seawall or revetment permit within ten (10) business days,
284	276		11 the emergency permit is automatically approved and considered issued
285	277		12 to the person.
286	278		13 SECTION 8. IC 36-1-29-15, AS ADDED BY P.L.164-2020,
287	279		14 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288	280		15 JULY 1, 2025]: Sec. 15. If a local governmental agency authority
289	281		16 denies the emergency seawall or revetment permit, the local
290	282		17 governmental agency authority shall provide the reasons for the denial
291	283		18 in a single response to the person. A person may submit not more than
292	284		19 one (1) completed reapplication for an emergency seawall or revetment
293	285		20 permit that lists reasons why the local governmental agency authority
294	286		21 should approve the person's emergency permit. Not later than ten (10)
295	287		22 business days after the person submits the completed reapplication, a
296	288		23 local governmental agency authority shall:
297	289		24 (1) approve; or
298	290		25 (2) deny;
299	291		26 the person's reapplication for the emergency permit. If a local
300	292		27 governmental agency authority does not approve or deny the person's
301	293		28 reapplication for the emergency seawall or revetment permit within ten
302	294		29 (10) business days, the emergency permit is automatically approved
303	295		30 and considered issued to the person.
304	296		31 SECTION 9. IC 36-1-29-16, AS AMENDED BY P.L.191-2023,
305	297		32 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306	298		33 JULY 1, 2025]: Sec. 16. (a) This section applies to an application for
307	299		34 a seawall or revetment permit that is not an emergency permit.
308	300		(b) Not later than thirty (30) 35 business days after a person submits a
309	301		36 completed application and meets all required conditions for a seawall
310	302		37 or revetment permit, a local governmental agency authority shall:
311	303		38 (1) approve; or
312	304		39 (2) deny;
313	305		40 the person's application for the permit.
314	306		41 (c) If a local governmental agency authority does not approve or
315	307		42 deny the seawall or revetment permit within thirty (30) business days,
316	308		ES 425—LS 7492/DI 119 7
317	309		1 the permit is automatically approved and considered issued to the
318	310		2 person.
319	311		3 SECTION 10. IC 36-7-4-100.5 IS ADDED TO THE INDIANA
320	312		4 CODE AS A NEW SECTION TO READ AS FOLLOWS
321	313		5 [EFFECTIVE JULY 1, 2025]: Sec. 100.5. As used in this chapter,
322	314		6 "actual construction" means that:
323	315		7 (1) construction materials are being permanently placed; and
324	316		8 (2) construction work is progressing.
325		-	9 SECTION 11. IC 36-7-4-~~606 IS~~ AMENDED ~~TO READ AS~~
326		-	10 FOLLOWS [EFFECTIVE ~~JULY 1, 2025]: Sec. 606. (a)~~
327		-	11 ~~AREA-METRO~~. This section ~~applies to a proposal~~, ~~as described in~~
328		-	12 ~~section 602(~~a~~) of this chapter,~~ to ~~adopt an initial zoning ordinance (~~or
329		-	13 ~~to adopt a replacement zoning ordinance after repealing the entire~~
330		-	14 ~~zoning ordinance~~, ~~including amendments and zone maps) for~~ a
331		-	15 ~~jurisdiction.~~
332		-	16 ~~(b) AREA-METRO. At~~ the ~~first regular meeting~~ of ~~the legislative~~
333		-	17 ~~body after the plan commission certifies the proposal under section 605~~
334		-	18 of this ~~chapter~~, ~~the legislative body shall either:~~
335		-	19 ~~(1) adopt, reject, or amend~~ the ~~proposal; or~~
336		-	20 (2) ~~decide to further consider the proposal, in which case the~~
337		-	21 ~~proposal may be scheduled for a further hearing at any regular or~~
338		-	22 ~~special meeting of the legislative body within ninety~~ (90) ~~days~~
339		-	23 ~~after certification.~~ ~~In any event, the legislative body shall vote on~~
340		-	24 ~~the proposal within ninety~~ (90) ~~days after the plan commission~~
341		-	25 ~~certifies the proposal under section 605 of this chapter.~~
342		-	26 (c) ~~AREA-METRO. If the legislative body proceeds under~~
343		-	27 ~~subsection (b)(1), it shall give notice under IC 5-14-1.5-5 of its~~
344		-	28 ~~intention to consider the proposal at that meeting. If the legislative~~
345		-	29 ~~body proceeds under subsection~~ (~~b)(2~~) ~~to schedule a further hearing, it~~
346		-	30 ~~shall publish a notice of the hearing in accordance with IC 5-3-1,~~
347		-	31 ~~announce the hearing during a meeting,~~ and ~~enter the announcement in~~
348		-	32 ~~its memoranda~~ and ~~minutes. The notice and announcement must state:~~
349		-	33 ~~(1) the date, time, and place of the hearing;~~
350		-	34 (2) ~~that it pertains to an original zoning ordinance;~~
351		-	35 (3) ~~that written objections to the proposal filed with the clerk of~~
352		-	36 ~~the legislative body or with the county auditor at or before the~~
353		-	37 ~~hearing will be heard;~~ ~~and~~
354		-	38 (4) ~~that the hearing may be continued from time to time~~ as ~~may be~~
355		-	39 ~~found necessary.~~
356		-	40 ~~(d) AREA-METRO. The recommendation~~ of ~~the plan commission~~
357		-	41 ~~concerning the proposal must be on file in the commission's office for~~
358		-	42 ~~public examination for at least ten~~ (10) ~~days before any hearing~~
	317	+	9 SECTION 11. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
	318	+	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	319	+	11 JULY 1, 2025]: Sec. 1109. (a) As used in this section, "applicant"
	320	+	12 means a person that applies to a local authority for a permit or
	321	+	13 approval.
	322	+	14 (b) As used in this section, "development agreement" means a
	323	+	15 contract that is entered into between a person and a local authority
	324	+	16 regarding the development of property and that is executed after
	325	+	17 June 30, 2025.
	326	+	18 (c) As used in this section, "development standards" includes
	327	+	19 the following:
	328	+	20 (1) Project elements including:
	329	+	21 (A) permitted uses;
	330	+	22 (B) residential densities;
	331	+	23 (C) nonresidential densities and intensities;
	332	+	24 (D) building sizes;
	333	+	25 (E) impact fees, inspection fees, or dedications;
	334	+	26 (F) mitigation measures, development conditions, and
	335	+	27 other requirements;
	336	+	28 (G) design standards;
	337	+	29 (H) affordable housing;
	338	+	30 (I) parks and open space preservation;
	339	+	31 (J) phasing; and
	340	+	32 (K) review procedures and standards for implementing
	341	+	33 decisions.
	342	+	34 (2) Any other development requirement or procedure.
	343	+	35 (d) As used in this section, "legal restrictions" means statutes,
	344	+	36 ordinances, rules, development standards, policies, and regulations.
	345	+	37 The term does not include building codes under IC 22-13.
	346	+	38 (a) (e) As used in this section, "local governmental agency" "local
	347	+	39 authority" includes any agency, officer, board, or commission of a
	348	+	40 local unit of government that may issue:
	349	+	41 (1) a permit; or
	350	+	42 (2) an approval:
359	351		ES 425—LS 7492/DI 119 8
360		-	1 ~~scheduled under subsection~~ (b)~~(2). On completion~~ of ~~the hearing,~~ ~~the~~
361		-	2 ~~legislative body shall consider~~ the ~~proposal.~~
362		-	3 ~~(e) AREA-METRO. If the legislative body adopts the proposal~~, ~~the~~
363		-	4 ~~ordinance takes effect~~ as ~~other ordinances of the legislative body.~~
364		-	5 ~~(f) AREA-METRO. If the legislative body fails to act on the~~
365		-	6 ~~proposal within ninety (90) days after certification,~~ the ~~ordinance takes~~
366		-	7 ~~effect as if it had been adopted~~ (~~as certified~~) ~~ninety (90) days after~~
367		-	8 ~~certification~~.
368		-	9 (g) ~~AREA-METRO~~. ~~If the legislative body rejects or amends the~~
369		-	10 ~~proposal, it shall be returned to the~~ plan ~~commission for its~~
370		-	11 ~~consideration, with~~ a ~~written statement of the reasons for the rejection~~
371		-	12 ~~or amendment. The commission has forty-five~~ (45) ~~days in which to~~
372		-	13 ~~consider the rejection~~ or ~~amendment and report to the legislative body~~
373		-	14 ~~as follows:~~
374		-	15 (1) If ~~the commission approves~~ the ~~amendment or fails to act~~
375		-	16 ~~within~~ the ~~forty-five (45) day period, the ordinance stands as~~
376		-	17 ~~passed by the legislative body as~~ of ~~the date~~ of ~~the filing of the~~
377		-	18 ~~commission's report of approval~~ with the ~~legislative body or the~~
378		-	19 ~~end of~~ the ~~forty-five (45) day period.~~
379		-	20 (2) If the ~~commission disapproves~~ the ~~rejection or amendment,~~
380		-	21 ~~the action of the legislative body on the original rejection~~ or
381		-	22 ~~amendment stands only if confirmed by another vote of~~ the
382		-	23 ~~legislative body within forty-five (45) days after~~ the ~~commission~~
383		-	24 ~~certifies its disapproval. If the legislative body fails to confirm its~~
384		-	25 ~~action under this subdivision~~, ~~then~~ the ~~ordinance takes effect in~~
385		-	26 the ~~manner provided in subsection (f).~~
386		-	27 ~~SECTION 12.~~ ~~IC 36-7-4-606.5 IS ADDED~~ TO THE ~~INDIANA~~
387		-	28 ~~CODE AS~~ A ~~NEW SECTION TO READ AS FOLLOWS~~
388		-	29 ~~[EFFECTIVE JULY 1~~, ~~2025]: Sec.~~ ~~606.5. (a) ADVISORY.~~ ~~This~~
389		-	30 ~~section applies to a proposal,~~ ~~as described in section 602(a) of this~~
390		-	31 ~~chapter, to adopt an initial zoning ordinance~~ (~~or to adopt a~~
391		-	32 ~~replacement zoning ordinance after repealing~~ the ~~entire zoning~~
392		-	33 ~~ordinance, including amendments and zone maps)~~ ~~for a~~
393		-	34 ~~jurisdiction.~~
394		-	35 (b) ~~ADVISORY. At any regular or special meeting~~ of the
395		-	36 ~~legislative body after~~ the ~~plan commission certifies the proposal~~
396		-	37 ~~under section 605~~ of ~~this chapter~~, ~~the legislative body shall adopt,~~
397		-	38 ~~reject,~~ or ~~amend the proposal.~~
398		-	39 (c) ~~ADVISORY.~~ The ~~legislative body shall give notice under~~
399		-	40 ~~IC 5-14-1~~.~~5-5 of its intention to consider~~ the ~~proposal at that~~
400		-	41 ~~meeting.~~ The ~~notice and announcement must state:~~
401		-	42 ~~(1)~~ the ~~date, time,~~ ~~and place of~~ the ~~hearing;~~
	352	+	1 (A) of a land use; or
	353	+	2 (B) an approval for the construction of a development, a
	354	+	3 building, or another structure.
	355	+	4 (b) (f) As used in this section, "permit" means an approved zoning
	356	+	5 action taken by a local authority under this chapter, including any
	357	+	6 of the following:
	358	+	7 (1) An improvement location permit.
	359	+	8 (2) A building permit.
	360	+	9 (3) A certificate of occupancy.
	361	+	10 (4) Approval of a site-specific development plan.
	362	+	11 (5) Approval of a primary or secondary plat.
	363	+	12 (6) Approval of a variance, contingent use, conditional use,
	364	+	13 special exception, or special use.
	365	+	14 (7) Approval of a planned unit development.
	366	+	15 (c) (g) If a person files with the appropriate local authority a
	367	+	16 complete application for a permit, as required by the effective
	368	+	17 ordinances or rules legal restrictions of a local unit of government or
	369	+	18 a local governmental agency for a permit with the appropriate local
	370	+	19 governmental agency, authority, the granting of:
	371	+	20 (1) the permit; and the granting of
	372	+	21 (2) any secondary, additional, or related permits or approvals
	373	+	22 required from the same local governmental agency authority with
	374	+	23 respect to the general subject matter of the application for the first
	375	+	24 permit;
	376	+	25 are governed, for a period of at least three (3) years after the date the
	377	+	26 person applies for the permit by the statutes, ordinances, rules,
	378	+	27 development standards, and regulations in effect and applicable to the
	379	+	28 property when the application is filed, even if files a complete permit
	380	+	29 application, by the legal restrictions in effect and applicable to the
	381	+	30 property at the time the complete application is filed.
	382	+	31 (h) Subsection (g) applies even if the legal restrictions governing
	383	+	32 the granting of the permit or approval are changed by the general
	384	+	33 assembly or the applicable local legislative body or regulatory
	385	+	34 body:
	386	+	35 (1) before the issuance of the permit; or
	387	+	36 (2) while the permit approval process is pending; or
	388	+	37 (3) before the issuance of any secondary, additional, or related
	389	+	38 permits or approvals; or
	390	+	39 (4) while the secondary, additional, or related permit or approval
	391	+	40 process is pending. the statutes, ordinances, rules, development
	392	+	41 standards, or regulations governing the granting of the permit or
	393	+	42 approval are changed by the general assembly or the applicable
402	394		ES 425—LS 7492/DI 119 9
403		-	1 ~~(2) that it pertains to an original zoning ordinance;~~
404		-	2 (3) ~~that written objections to~~ the ~~proposal filed with the clerk~~
405		-	3 ~~of the legislative body~~ or ~~with~~ the ~~county auditor at or before~~
406		-	4 the ~~hearing will be heard;~~ ~~and~~
407		-	5 ~~(4)~~ that ~~the hearing may be continued from time to time as~~
408		-	6 ~~may be found necessary~~.
409		-	7 ~~(d) ADVISORY.~~ The ~~recommendation~~ of ~~the plan commission~~
410		-	8 ~~concerning~~ the ~~proposal must be on file in~~ the ~~commission's office~~
411		-	9 ~~for public examination for at least~~ ten (10) ~~days before any hearing~~
412		-	10 ~~scheduled under this section~~. ~~On completion of the hearing, the~~
413		-	11 ~~legislative body shall consider the proposal.~~
414		-	12 (e) ~~ADVISORY. If the legislative body adopts or amends the~~
415		-	13 ~~proposal, the ordinance takes effect as other ordinances of the~~
416		-	14 ~~legislative body.~~ If the ~~legislative body rejects the proposal, further~~
417		-	15 ~~consideration of the proposal is prohibited for one (1) year after~~
418		-	16 the ~~date of the proposal's rejection.~~
419		-	17 ~~SECTION 13.~~ ~~IC 36-7-4-607, AS AMENDED BY P.L.167-2022,~~
420		-	18 ~~SECTION 14~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
421		-	19 ~~JULY 1, 2025]: Sec. 607.~~ (a) ~~AREA-METRO. This section applies to~~
422		-	20 a ~~proposal, as described in section 602(b) of this chapter, to amend~~ or
423		-	21 ~~partially repeal~~ the ~~text (not zone maps)~~ of the ~~zoning ordinance.~~
424		-	22 ~~(b) ADVISORY)AREA. AREA. If the proposal is initiated by~~ a
425		-	23 ~~participating legislative body instead of~~ the ~~plan commission,~~ the
426		-	24 ~~proposal must be referred to~~ the ~~commission for consideration and~~
427		-	25 ~~recommendation before any final action is taken by~~ the ~~legislative~~
428		-	26 ~~body.~~
429		-	27 ~~(c) AREA-METRO~~. ~~On receiving or initiating the proposal~~, ~~the~~
430		-	28 ~~commission shall~~, ~~within sixty~~ (60) ~~days~~, ~~hold a public hearing in~~
431		-	29 ~~accordance with section 604 of this chapter. The commission shall vote~~
432		-	30 on the ~~proposal not later than sixty (60) days after the commission~~
433		-	31 ~~holds~~ the ~~public hearing. Within ten (10) business days after~~ the
434		-	32 ~~commission determines its recommendation (if any)~~, ~~the commission~~
435		-	33 ~~shall certify~~ the ~~proposal under section 605 of this chapter.~~
436		-	34 ~~(d) AREA-METRO.~~ The ~~legislative body shall vote on the proposal~~
437		-	35 ~~within ninety (90) days after the plan commission certifies the proposal~~
438		-	36 ~~under section 605~~ of ~~this chapter.~~
439		-	37 ~~(e) AREA-METRO. This subsection~~ applies if the ~~proposal~~
440		-	38 ~~receives a favorable recommendation from the plan commission:~~
441		-	39 ~~(1) At~~ the ~~first regular meeting of the legislative body after the~~
442		-	40 ~~proposal is certified under section 605 of this chapter (~~or ~~at any~~
443		-	41 ~~subsequent meeting within~~ the ~~ninety (90) day period),~~ the
444		-	42 ~~legislative body may adopt, reject~~, or ~~amend the proposal~~. ~~The~~
	395	+	1 local legislative body or regulatory body,
	396	+	2 Subsection (g) applies regardless of whether such changes in the
	397	+	3 statutes, ordinances, rules, development standards, or regulations the
	398	+	4 changes to the legal restrictions are part of a zoning ordinance, a
	399	+	5 subdivision control ordinance, or a statute, ordinance, or regulation that
	400	+	6 is based on the general police powers of the local unit of government.
	401	+	7 However, this after the issuance or approval of a permit subsection
	402	+	8 (g) does not apply if the development or other activity to which the
	403	+	9 permit relates is not completed within ten (10) years after the
	404	+	10 development or activity is commenced.
	405	+	11 (d) (i) Subsection (e) (j) applies if:
	406	+	12 (1) either:
	407	+	13 (A) a local governmental agency authority issues to a person
	408	+	14 a permit or grants a person approval for the construction of a
	409	+	15 development, a building, or another structure; or
	410	+	16 (B) a permit or approval is not required from the local
	411	+	17 governmental agency authority for the construction of the
	412	+	18 development, building, or structure;
	413	+	19 (2) before beginning the construction of the development,
	414	+	20 building, or structure, the person must obtain a permit or approval
	415	+	21 for the construction of the development, building, or structure
	416	+	22 from a state governmental agency; and
	417	+	23 (3) the person has applied for the permit or requested the approval
	418	+	24 for the construction of the development, building, or structure
	419	+	25 from the state governmental agency within ninety (90) days of
	420	+	26 issuance of the permit or the granting of approval by the local
	421	+	27 governmental agency. authority, as applicable.
	422	+	28 (e) (j) Subject to subsection (f), (l), if the conditions of subsection
	423	+	29 (d) (i) are satisfied:
	424	+	30 (1) a permit or approval issued or granted to a person by the local
	425	+	31 governmental agency authority for the construction of the
	426	+	32 development, building, or structure; or
	427	+	33 (2) the person's right to construct the development, building, or
	428	+	34 structure without a permit or approval from the local
	429	+	35 governmental agency; authority;
	430	+	36 is governed, for a period of at least three (3) years after the person
	431	+	37 applies to the state governmental agency for the permit, by the
	432	+	38 statutes, ordinances, rules, development standards, regulations, and
	433	+	39 approvals legal restrictions in effect and applicable to the property
	434	+	40 when the person applies for the permit or requests approval from the
	435	+	41 state governmental agency for the construction of the development,
	436	+	42 building, or structure.
445	437		ES 425—LS 7492/DI 119 10
446		-	1 ~~legislative body shall give notice under IC 5-14-1.5-5 of its~~
447		-	2 ~~intention to consider~~ the ~~proposal at that meeting.~~
448		-	3 ~~(2) If~~ the ~~legislative body adopts (as certified)~~ the ~~proposal, it~~
449		-	4 ~~takes effect as other ordinances of the legislative~~ body.
450		-	5 (3) If the ~~legislative body fails to act on~~ the ~~proposal within ninety~~
451		-	6 (90) ~~days after certification,~~ ~~it takes effect as if it had been~~
452		-	7 ~~adopted (as~~ ~~certified) ninety (90) days after certification.~~
453		-	8 ~~(4) If~~ the ~~legislative body rejects~~ or ~~amends~~ the ~~proposal, it shall~~
454		-	9 ~~be returned to~~ the ~~plan commission for its consideration~~, ~~with a~~
455		-	10 ~~written statement~~ of the ~~reasons for the rejection or amendment.~~
456		-	11 The ~~commission has forty-five~~ ~~(45) days in which to consider~~ the
457		-	12 ~~rejection or amendment and report to the~~ legislative body as
458		-	13 ~~follows:~~
459		-	14 ~~(A) If the commission approves the amendment~~ or ~~fails to act~~
460		-	15 ~~within~~ the ~~forty-five (45) day period~~, ~~the ordinance stands as~~
461		-	16 ~~passed by the legislative body as of the date of the filing of the~~
462		-	17 ~~commission's report~~ of ~~approval with~~ the ~~legislative body or~~
463		-	18 the ~~end of the forty-five (45) day period.~~
464		-	19 ~~(B) If~~ the ~~commission disapproves the rejection~~ or
465		-	20 ~~amendment,~~ the ~~action of the legislative body on the original~~
466		-	21 ~~rejection or amendment stands only if confirmed by another~~
467		-	22 ~~vote of~~ the ~~legislative body within forty-five~~ ~~(45) days after the~~
468		-	23 ~~commission certifies its disapproval. If~~ the ~~legislative body~~
469		-	24 ~~fails~~ to ~~confirm its action under this clause, the ordinance~~
470		-	25 ~~takes effect in the manner provided in subdivision (3).~~
471		-	26 ~~(f) ADVISORY)AREA. AREA. This subsection applies if~~ the
472		-	27 ~~proposal receives either an unfavorable recommendation or no~~
473		-	28 ~~recommendation from~~ the ~~plan commission:~~
474		-	29 ~~(1) At~~ the ~~first regular meeting of the legislative body after the~~
475		-	30 ~~proposal is certified under section 605 of this chapter (~~or ~~at any~~
476		-	31 ~~subsequent meeting within~~ the ~~ninety (90) day period), the~~
477		-	32 ~~legislative body may adopt,~~ ~~reject, or amend the proposal. The~~
478		-	33 ~~legislative body shall give notice under IC 5-14-1.5-5 of its~~
479		-	34 ~~intention to consider~~ the ~~proposal at that meeting~~.
480		-	35 (2) If the ~~legislative body adopts (as certified) the proposal, it~~
481		-	36 ~~takes effect as other ordinances~~ of the ~~legislative body.~~
482		-	37 ~~(3) If~~ the ~~legislative body rejects~~ the ~~proposal or fails to act on it~~
483		-	38 ~~within ninety (90) days after certification,~~ ~~it is defeated.~~
484		-	39 ~~(4) If the legislative body amends the proposal, it shall be~~
485		-	40 ~~returned to the plan commission for its consideration, with~~ a
486		-	41 ~~written statement~~ of ~~the reasons for the amendment.~~ ~~The~~
487		-	42 ~~commission has forty-five (45) days in which~~ to ~~consider~~ the
	438	+	1 (k) Subsection (j) applies even if the legal restrictions governing
	439	+	2 the granting of the permit or approval from the local authority are
	440	+	3 changed by the general assembly or the applicable local legislative
	441	+	4 body or regulatory body:
	442	+	5 (1) before the commencement of the construction; or
	443	+	6 (2) while the permit application or approval request is pending
	444	+	7 with the state governmental agency. the statutes governing the
	445	+	8 granting of the permit or approval from the local governmental
	446	+	9 agency are changed by the general assembly or the ordinances,
	447	+	10 rules, development standards, or regulations of the local unit of
	448	+	11 government or the local governmental agency are changed by the
	449	+	12 applicable local legislative body or regulatory body,
	450	+	13 Subsection (j) applies regardless of whether such changes in the
	451	+	14 statutes, ordinances, rules, development standards, or regulations the
	452	+	15 changes to the legal restrictions are part of a zoning ordinance, a
	453	+	16 subdivision control ordinance, or a statute, ordinance, or regulation that
	454	+	17 is based on the general police powers of the local unit of government.
	455	+	18 However, this subsection (j) does not apply if the development or other
	456	+	19 activity to which the permit or approval request relates is not completed
	457	+	20 within ten (10) years after the development or activity is commenced.
	458	+	21 (f) (l) Subsection (d) (j) does not apply to property when it is
	459	+	22 demonstrated by the local authority or state governmental agency that
	460	+	23 the construction of the development, building, or structure would cause
	461	+	24 imminent peril to life or property.
	462	+	25 (m) A development agreement entered into by a local authority
	463	+	26 must set forth the legal restrictions, including development
	464	+	27 standards and any other provisions applying to and governing the
	465	+	28 use and development of the real property for the period specified
	466	+	29 in the development agreement. A development agreement must:
	467	+	30 (1) reserve authority for the local authority to impose new or
	468	+	31 different legal restrictions to the extent required by a serious
	469	+	32 threat to public health and safety; and
	470	+	33 (2) be consistent with applicable legal restrictions adopted by
	471	+	34 the local authority.
	472	+	35 (n) Subject to subsection (j), the local authority's legal
	473	+	36 restrictions governing the development of the real property at the
	474	+	37 time the development agreement is executed govern the
	475	+	38 development of the real property for the period specified in the
	476	+	39 development agreement.
	477	+	40 (o) A local authority may apply legal restrictions adopted after
	478	+	41 the execution of a development agreement to a development that is
	479	+	42 subject to the development agreement only if the local authority:
488	480		ES 425—LS 7492/DI 119 11
489		-	1 amendment and report to the legislative body as follows:
490		-	2 (A) If the commission approves the amendment or fails to act
491		-	3 within the forty-five (45) day period, the ordinance stands as
492		-	4 passed by the legislative body as of the date of the filing of the
493		-	5 commission's report of approval with the legislative body or
494		-	6 the end of the forty-five (45) day period.
495		-	7 (B) If the commission disapproves the amendment, the action
496		-	8 of the legislative body on the original amendment stands only
497		-	9 if confirmed by another vote of the legislative body within
498		-	10 forty-five (45) days after the commission certifies its
499		-	11 disapproval. If the legislative body fails to confirm its action
500		-	12 under this clause, the ordinance is defeated as provided in
501		-	13 subdivision (3).
502		-	14 SECTION 14. IC 36-7-4-607.5 IS ADDED TO THE INDIANA
	481	+	1 (1) holds a public hearing;
	482	+	2 (2) determines that the legal restrictions:
	483	+	3 (A) are not in conflict with the legal restrictions governing
	484	+	4 the development agreement;
	485	+	5 (B) do not prevent development of the land uses,
	486	+	6 intensities, or densities permitted by the development
	487	+	7 agreement;
	488	+	8 (C) are essential to the public health, safety, or welfare;
	489	+	9 and
	490	+	10 (D) expressly state that they apply to a development that is
	491	+	11 subject to a development agreement or are specifically
	492	+	12 anticipated and provided for in the development
	493	+	13 agreement; and
	494	+	14 (3) demonstrates that:
	495	+	15 (A) substantial changes have occurred in pertinent
	496	+	16 conditions existing at the time of the approval of the
	497	+	17 development agreement; or
	498	+	18 (B) the development agreement is based on substantially
	499	+	19 inaccurate information supplied by the developer.
	500	+	20 (p) This section does not authorize the impairment of any vested
	501	+	21 right or abrogate any rights vested under common law. Without
	502	+	22 limiting the time in which rights might vest, an applicant's rights
	503	+	23 are considered vested in land use when the applicant obtains a
	504	+	24 permit or reasonably relies on existing law regarding development
	505	+	25 of a specific project. Rights considered vested under this subsection
	506	+	26 are not affected by a subsequent amendment to a zoning ordinance.
	507	+	27 (g) (q) This section does not apply to building codes under
	508	+	28 IC 22-13.
	509	+	29 (h) (r) The following provision is considered to be included in any
	510	+	30 regulation adopted under section 601(d)(2)(B) of this chapter that sets
	511	+	31 forth requirements for signs:
	512	+	32 "The owner of any sign that is otherwise allowed by this
	513	+	33 regulation may substitute noncommercial copy in place of any
	514	+	34 other commercial or noncommercial copy. This substitution of
	515	+	35 copy may be made without the issuance of any additional permit
	516	+	36 by a local government agency. authority. The purpose of this
	517	+	37 provision is to prevent any inadvertent favoring of commercial
	518	+	38 speech over noncommercial speech, or the favoring of any
	519	+	39 particular noncommercial message over any other noncommercial
	520	+	40 message. This provision prevails over any more specific provision
	521	+	41 in this regulation to the contrary.".
	522	+	42 (i) (s) Notwithstanding any other law, a local governmental agency
	523	+	ES 425—LS 7492/DI 119 12
	524	+	1 authority must, not later than twelve (12) business days after a person
	525	+	2 has filed a complete application for a permit for which approval is
	526	+	3 ministerial under IC 36-7-4-402 or an improvement location permit
	527	+	4 issued under the 800 series of this chapter and meets all conditions
	528	+	5 required under this chapter and any other statute, issue the permit to the
	529	+	6 person.
	530	+	7 SECTION 12. IC 36-7-4-1109.1 IS ADDED TO THE INDIANA
	531	+	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
	532	+	9 [EFFECTIVE JULY 1, 2025]: Sec. 1109.1. (a) As used in this section,
	533	+	10 "extraordinary event" means a circumstance that is:
	534	+	11 (1) unforeseen; and
	535	+	12 (2) not within the reasonable control of a party, including the
	536	+	13 following:
	537	+	14 (A) Fire, flood, tornado, or other natural disasters or acts
	538	+	15 of God.
	539	+	16 (B) War, civil strife, a terrorist attack, or other similar acts
	540	+	17 of violence.
	541	+	18 (C) Unavailability of materials, equipment, services, or
	542	+	19 labor, including unavailability due to ongoing global
	543	+	20 supply chain shortages.
	544	+	21 (D) Utility or energy shortages or acts or omissions of
	545	+	22 public utility providers.
	546	+	23 (E) Unexpected or extensive delays in procuring required
	547	+	24 permits, zoning, or other approvals necessary to perform
	548	+	25 a party's obligations.
	549	+	26 (F) Any delay resulting from a pandemic, epidemic, or
	550	+	27 other public health emergency or related restrictions.
	551	+	28 (G) Litigation or a regulatory proceeding regarding a
	552	+	29 development.
	553	+	30 (H) Other unforeseen events over which a party has no
	554	+	31 control.
	555	+	32 The term does not include a party's failure to anticipate normal
	556	+	33 and customary delays due to weather.
	557	+	34 (b) This section applies if a local authority requires an applicant
	558	+	35 to meet certain requirements within a specified time in order to:
	559	+	36 (1) obtain a permit; or
	560	+	37 (2) maintain a permit.
	561	+	38 (c) If an applicant shows that an extraordinary event prevented
	562	+	39 the applicant from meeting the requirements described in
	563	+	40 subsection (b) within the specified time, the local authority shall
	564	+	41 grant the applicant an extension of time to meet the requirements.
	565	+	42 At a minimum, the deadline for meeting the requirements must be
	566	+	ES 425—LS 7492/DI 119 13
	567	+	1 extended by the length of the delay that:
	568	+	2 (1) was caused by the extraordinary event; and
	569	+	3 (2) prevented the applicant from meeting the deadline.
	570	+	4 SECTION 13. IC 36-7-4-1109.2 IS ADDED TO THE INDIANA
	571	+	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
	572	+	6 [EFFECTIVE JULY 1, 2025]: Sec. 1109.2. If:
	573	+	7 (1) an applicant applies to a local authority for an extension
	574	+	8 of permit conditions under any circumstances; and
	575	+	9 (2) the local authority denies the applicant's application for an
	576	+	10 extension;
	577	+	11 the local authority shall provide the applicant written
	578	+	12 determinations and findings of fact explaining the local authority's
	579	+	13 denial of the application for an extension.
	580	+	14 SECTION 14. IC 36-7-4-1109.3 IS ADDED TO THE INDIANA
503	581		15 CODE AS A NEW SECTION TO READ AS FOLLOWS
504		-	16 [EFFECTIVE JULY 1, 2025]: Sec. 607.5. (a) ADVISORY. This
505		-	17 section applies to a proposal, as described in section 602(b) of this
506		-	18 chapter, to amend or partially repeal the text (not zone maps) of
507		-	19 the zoning ordinance.
508		-	20 (b) ADVISORY. If the proposal is initiated by a participating
509		-	21 legislative body instead of the plan commission, the proposal must
510		-	22 be referred to the commission for consideration and
511		-	23 recommendation before any final action is taken by the legislative
512		-	24 body.
513		-	25 (c) ADVISORY. On receiving or initiating the proposal, the
514		-	26 commission shall, within sixty (60) days, hold a public hearing in
515		-	27 accordance with section 604 of this chapter. The commission shall
516		-	28 vote on the proposal not later than sixty (60) days after the
517		-	29 commission holds the public hearing. Within ten (10) business days
518		-	30 after the commission determines its recommendation (if any), the
519		-	31 commission shall certify the proposal under section 605 of this
520		-	32 chapter.
521		-	33 (d) ADVISORY. The legislative body shall vote on the proposal
522		-	34 within ninety (90) days after the plan commission certifies the
523		-	35 proposal under section 605 of this chapter.
524		-	36 (e) ADVISORY. This subsection applies if the proposal receives
525		-	37 a favorable recommendation from the plan commission:
526		-	38 (1) At the first regular meeting of the legislative body after the
527		-	39 proposal is certified under section 605 of this chapter (or at
528		-	40 any subsequent meeting within the ninety (90) day period), the
529		-	41 legislative body may adopt, reject, or amend the proposal.
530		-	42 The legislative body shall give notice under IC 5-14-1.5-5 of its
531		-	ES 425—LS 7492/DI 119 12
532		-	1 intention to consider the proposal at that meeting.
533		-	2 (2) If the legislative body adopts (as certified) or amends the
534		-	3 proposal, it takes effect as other ordinances of the legislative
535		-	4 body. If the legislative body rejects the proposal, further
536		-	5 consideration of the proposal is prohibited for one (1) year
537		-	6 after the date of the proposals's rejection.
538		-	7 (f) ADVISORY. This subsection applies if the proposal receives
539		-	8 either an unfavorable recommendation or no recommendation
540		-	9 from the plan commission:
541		-	10 (1) At the first regular meeting of the legislative body after the
542		-	11 proposal is certified under section 605 of this chapter (or at
543		-	12 any subsequent meeting within the ninety (90) day period), the
544		-	13 legislative body may adopt, reject, or amend the proposal.
545		-	14 The legislative body shall give notice under IC 5-14-1.5-5 of its
546		-	15 intention to consider the proposal at that meeting.
547		-	16 (2) If the legislative body adopts (as certified) or amends the
548		-	17 proposal, it takes effect as other ordinances of the legislative
549		-	18 body. If the legislative body rejects the proposal, further
550		-	19 consideration of the proposal is prohibited for one (1) year
551		-	20 after the date of the proposals's rejection.
552		-	21 SECTION 15. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
553		-	22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
554		-	23 JULY 1, 2025]: Sec. 1109. (a) As used in this section, "applicant"
555		-	24 means a person that applies to a local authority for a permit or
556		-	25 approval.
557		-	26 (b) As used in this section, "development agreement" means a
558		-	27 contract that is entered into between a person and a local authority
559		-	28 regarding the development of property and that is executed after
560		-	29 June 30, 2025.
561		-	30 (c) As used in this section, "development standards" includes
562		-	31 the following:
563		-	32 (1) Project elements including:
564		-	33 (A) permitted uses;
565		-	34 (B) residential densities;
566		-	35 (C) nonresidential densities and intensities;
567		-	36 (D) building sizes;
568		-	37 (E) impact fees, inspection fees, or dedications;
569		-	38 (F) mitigation measures, development conditions, and
570		-	39 other requirements;
571		-	40 (G) design standards;
572		-	41 (H) affordable housing;
573		-	42 (I) parks and open space preservation;
574		-	ES 425—LS 7492/DI 119 13
575		-	1 (J) phasing; and
576		-	2 (K) review procedures and standards for implementing
577		-	3 decisions.
578		-	4 (2) Any other development requirement or procedure.
579		-	5 (d) As used in this section, "legal restrictions" means statutes,
580		-	6 ordinances, rules, development standards, policies, and regulations.
581		-	7 The term does not include building codes under IC 22-13.
582		-	8 (a) (e) As used in this section, "local governmental agency" "local
583		-	9 authority" includes any agency, officer, board, or commission of a
584		-	10 local unit of government that may issue:
585		-	11 (1) a permit; or
586		-	12 (2) an approval:
587		-	13 (A) of a land use; or
588		-	14 (B) an approval for the construction of a development, a
589		-	15 building, or another structure.
590		-	16 (b) (f) As used in this section, "permit" means an approved zoning
591		-	17 action taken by a local authority under this chapter, including any
592		-	18 of the following:
593		-	19 (1) An improvement location permit.
594		-	20 (2) A building permit.
595		-	21 (3) A certificate of occupancy.
596		-	22 (4) Approval of a site-specific development plan.
597		-	23 (5) Approval of a primary or secondary plat.
598		-	24 (6) Approval of a variance, contingent use, conditional use,
599		-	25 special exception, or special use.
600		-	26 (7) Approval of a planned unit development.
601		-	27 (c) (g) If a person files with the appropriate local authority a
602		-	28 complete application for a permit, as required by the effective
603		-	29 ordinances or rules legal restrictions of a local unit of government or
604		-	30 a local governmental agency for a permit with the appropriate local
605		-	31 governmental agency, authority, the granting of:
606		-	32 (1) the permit; and the granting of
607		-	33 (2) any secondary, additional, or related permits or approvals
608		-	34 required from the same local governmental agency authority with
609		-	35 respect to the general subject matter of the application for the first
610		-	36 permit;
611		-	37 are governed, for a period of at least three (3) years after the date the
612		-	38 person applies for the permit by the statutes, ordinances, rules,
613		-	39 development standards, and regulations in effect and applicable to the
614		-	40 property when the application is filed, even if files a complete permit
615		-	41 application, by the legal restrictions in effect and applicable to the
616		-	42 property at the time the complete application is filed.
	582	+	16 [EFFECTIVE JULY 1, 2025]: Sec. 1109.3. (a) This section applies if:
	583	+	17 (1) a zoning ordinance establishes a time within which an
	584	+	18 applicant must obtain a permit or commence or complete a
	585	+	19 permitted use; and
	586	+	20 (2) the local authority's decision to grant the applicant the
	587	+	21 permit is appealed.
	588	+	22 (b) The time specified in the zoning ordinance for:
	589	+	23 (1) commencing a permitted use is tolled to allow the
	590	+	24 permitted use to be commenced:
	591	+	25 (A) upon the start of actual construction of the use as
	592	+	26 approved; and
	593	+	27 (B) not later than two (2) years after the date of the final
	594	+	28 disposition of all appeals of the permitting authority's
	595	+	29 decision; and
	596	+	30 (2) completing a permitted use may not begin to run until
	597	+	31 actual construction has started.
	598	+	32 Any zoning ordinance to the contrary is invalid or unenforceable.
	599	+	33 (c) Upon approval of a permit, the approved permitted use
	600	+	34 constitutes a lawful use:
	601	+	35 (1) while an appeal of the local authority's decision approving
	602	+	36 the permit is pending; and
	603	+	37 (2) that may not be affected by any subsequently adopted
	604	+	38 zoning provisions.
	605	+	39 If approval of the permit is upheld on final appeal, the permitted
	606	+	40 use shall be allowed to be commenced within the extended two (2)
	607	+	41 year period set forth in subsection (b).
	608	+	42 SECTION 15. IC 36-7-4-1109.4 IS ADDED TO THE INDIANA
617	609		ES 425—LS 7492/DI 119 14
618		-	1 ~~(h) Subsection (g) applies even if the legal restrictions governing~~
619		-	2 ~~the granting of the permit or approval are changed by the general~~
620		-	3 ~~assembly~~ or ~~the applicable local legislative body or regulatory~~
621		-	4 ~~body:~~
622		-	5 (1) ~~before the issuance of the~~ permit~~; or~~
623		-	6 ~~(2) while the permit approval process~~ is ~~pending; or~~
624		-	7 ~~(3) before~~ the ~~issuance of any secondary~~, ~~additional, or related~~
625		-	8 ~~permits or approvals;~~ or
626		-	9 ~~(4) while~~ the ~~secondary, additional,~~ ~~or related permit or approval~~
627		-	10 ~~process is pending.~~ the ~~statutes, ordinances, rules, development~~
628		-	11 ~~standards, or regulations governing the granting of~~ the permit or
629		-	12 ~~approval are changed by the general assembly or the applicable~~
630		-	13 ~~local legislative body or regulatory body,~~
631		-	14 ~~Subsection~~ (g) ~~applies regardless of whether such changes~~ in the
632		-	15 ~~statutes, ordinances, rules, development standards, or regulations~~ the
633		-	16 ~~changes to~~ the ~~legal restrictions are part of a zoning ordinance, a~~
634		-	17 ~~subdivision control ordinance,~~ ~~or a statute,~~ ~~ordinance, or regulation that~~
635		-	18 ~~is based on~~ the ~~general police powers of~~ the local ~~unit~~ of ~~government.~~
636		-	19 ~~However, this after~~ the ~~issuance or approval of a permit subsection~~
637		-	20 (g) ~~does~~ not ~~apply if the development or other activity to which the~~
638		-	21 ~~permit relates is not completed within ten (10) years~~ after ~~the~~
639		-	22 ~~development or activity is commenced.~~
640		-	23 (d) ~~(i) Subsection (e) (j) applies~~ if:
641		-	24 ~~(1) either:~~
642		-	25 (A) ~~a local governmental agency authority issues to a person~~
643		-	26 ~~a permit~~ or ~~grants a person approval for the construction of a~~
644		-	27 ~~development, a building,~~ ~~or another structure;~~ or
645		-	28 ~~(B) a permit or approval is not required from the local~~
646		-	29 ~~governmental agency authority for the construction of the~~
647		-	30 ~~development~~, ~~building, or structure;~~
648		-	31 (2) ~~before beginning the construction~~ of ~~the development,~~
649		-	32 ~~building, or structure, the person must obtain a permit or approval~~
650		-	33 ~~for the construction of the development,~~ ~~building, or structure~~
651		-	34 ~~from a state governmental agency;~~ ~~and~~
652		-	35 ~~(3) the person has applied for~~ the permit ~~or requested~~ the ~~approval~~
653		-	36 ~~for~~ the ~~construction of~~ the ~~development, building, or structure~~
654		-	37 ~~from~~ the ~~state governmental agency within ninety (90) days of~~
655		-	38 ~~issuance~~ of ~~the permit or~~ the ~~granting of approval by the local~~
656		-	39 ~~governmental agency~~. ~~authority, as applicable.~~
657		-	40 ~~(e) (j) Subject~~ to ~~subsection (f), (l), if~~ the ~~conditions of subsection~~
658		-	41 ~~(d) (i) are satisfied:~~
659		-	42 (1) ~~a permit or approval issued or granted to a person by the local~~
	610	+	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
	611	+	2 [EFFECTIVE JULY 1, 2025]: Sec. 1109.4. (a) This section does not
	612	+	3 apply to the issuance of a design release or a plan review under
	613	+	4 IC 22-15.
	614	+	5 (b) A local authority shall review a permit application for
	615	+	6 completeness. If a local authority determines that an application is
	616	+	7 incomplete, the local authority must, not later than thirty (30) days
	617	+	8 after receipt of the application, notify the applicant in writing of all
	618	+	9 defects in the application. If a local authority fails to notify an
	619	+	10 applicant as required under this subsection, the local authority
	620	+	11 shall consider the permit application to be complete.
	621	+	12 (c) An applicant that receives a timely written notice that an
	622	+	13 application is incomplete under subsection (b) may:
	623	+	14 (1) cure the defects in the application; and
	624	+	15 (2) resubmit the corrected application to the local authority;
	625	+	16 not later than thirty (30) days after receiving the notice. If an
	626	+	17 applicant is unable to cure the defects within the thirty (30) day
	627	+	18 period, the applicant shall notify the local authority of the
	628	+	19 additional time the applicant requires to cure the defects.
	629	+	20 (d) Subject to subsection (e), not more than ninety (90) days
	630	+	21 after making an initial determination of completeness under
	631	+	22 subsection (b), a local authority shall:
	632	+	23 (1) review the application to determine if it complies with all
	633	+	24 applicable requirements; and
	634	+	25 (2) notify the applicant in writing whether the application is
	635	+	26 approved or denied.
	636	+	27 The local authority shall provide to the applicant the local
	637	+	28 authority's written determination and findings of fact.
	638	+	29 (e) If an applicant requested additional time under subsection
	639	+	30 (c) to cure defects in the application, the ninety (90) day period set
	640	+	31 forth in subsection (d) is extended for a corresponding amount of
	641	+	32 time.
	642	+	33 (f) Any official action on a previously approved permit
	643	+	34 application, including an extension of specific conditions set forth
	644	+	35 in the permit, must be made not later than sixty (60) days after the
	645	+	36 applicant's filing that initiated the official action. The local
	646	+	37 authority shall provide to the applicant the local authority's
	647	+	38 written determination and findings of fact with respect to the
	648	+	39 official action.
	649	+	40 SECTION 16. IC 36-7-4-1109.5 IS ADDED TO THE INDIANA
	650	+	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
	651	+	42 [EFFECTIVE JULY 1, 2025]: Sec. 1109.5. (a) As used in this section,
660	652		ES 425—LS 7492/DI 119 15
661		-	1 governmental agency authority for the construction of the
662		-	2 development, building, or structure; or
663		-	3 (2) the person's right to construct the development, building, or
664		-	4 structure without a permit or approval from the local
665		-	5 governmental agency; authority;
666		-	6 is governed, for a period of at least three (3) years after the person
667		-	7 applies to the state governmental agency for the permit, by the
668		-	8 statutes, ordinances, rules, development standards, regulations, and
669		-	9 approvals legal restrictions in effect and applicable to the property
670		-	10 when the person applies for the permit or requests approval from the
671		-	11 state governmental agency for the construction of the development,
672		-	12 building, or structure.
673		-	13 (k) Subsection (j) applies even if the legal restrictions governing
674		-	14 the granting of the permit or approval from the local authority are
675		-	15 changed by the general assembly or the applicable local legislative
676		-	16 body or regulatory body:
677		-	17 (1) before the commencement of the construction; or
678		-	18 (2) while the permit application or approval request is pending
679		-	19 with the state governmental agency. the statutes governing the
680		-	20 granting of the permit or approval from the local governmental
681		-	21 agency are changed by the general assembly or the ordinances,
682		-	22 rules, development standards, or regulations of the local unit of
683		-	23 government or the local governmental agency are changed by the
684		-	24 applicable local legislative body or regulatory body,
685		-	25 Subsection (j) applies regardless of whether such changes in the
686		-	26 statutes, ordinances, rules, development standards, or regulations the
687		-	27 changes to the legal restrictions are part of a zoning ordinance, a
688		-	28 subdivision control ordinance, or a statute, ordinance, or regulation that
689		-	29 is based on the general police powers of the local unit of government.
690		-	30 However, this subsection (j) does not apply if the development or other
691		-	31 activity to which the permit or approval request relates is not completed
692		-	32 within ten (10) years after the development or activity is commenced.
693		-	33 (f) (l) Subsection (d) (j) does not apply to property when it is
694		-	34 demonstrated by the local authority or state governmental agency that
695		-	35 the construction of the development, building, or structure would cause
696		-	36 imminent peril to life or property.
697		-	37 (m) A development agreement entered into by a local authority
698		-	38 must set forth the legal restrictions, including development
699		-	39 standards and any other provisions applying to and governing the
700		-	40 use and development of the real property for the period specified
701		-	41 in the development agreement. A development agreement must:
702		-	42 (1) reserve authority for the local authority to impose new or
	653	+	1 "project" means a project that involves the siting, construction, or
	654	+	2 deployment of facilities, equipment, or infrastructure used in the
	655	+	3 generation of electricity by an entity other than any of the
	656	+	4 following:
	657	+	5 (1) A public utility (as defined in IC 8-1-2-1(a)) that provides
	658	+	6 retail electric service to customers in Indiana.
	659	+	7 (2) An affiliate of a public utility described in subdivision (1).
	660	+	8 (3) A corporation organized under IC 8-1-13, including a
	661	+	9 general district corporation within the meaning of
	662	+	10 IC 8-1-13-23.
	663	+	11 (4) A corporation organized under IC 23-17 that is an electric
	664	+	12 cooperative and that has at least one (1) member that is a
	665	+	13 corporation organized under IC 8-1-13.
	666	+	14 (5) A joint agency created under IC 8-1-2.2.
	667	+	15 (b) After June 30, 2025, a political subdivision or a local
	668	+	16 authority may prohibit, by regulation or otherwise, the siting,
	669	+	17 construction, installation, permitting, or deployment of one (1) or
	670	+	18 more projects within the territorial jurisdiction of the political
	671	+	19 subdivision or local authority, for a period of not more than one (1)
	672	+	20 year. A prohibition under this subsection may not be extended or
	673	+	21 renewed for any length of time, regardless of when the prohibition
	674	+	22 first takes effect.
703	675		ES 425—LS 7492/DI 119 16
704		-	1 different legal restrictions to the extent required by a serious
705		-	2 threat to public health and safety; and
706		-	3 (2) be consistent with applicable legal restrictions adopted by
707		-	4 the local authority.
708		-	5 (n) Subject to subsection (j), the local authority's legal
709		-	6 restrictions governing the development of the real property at the
710		-	7 time the development agreement is executed govern the
711		-	8 development of the real property for the period specified in the
712		-	9 development agreement.
713		-	10 (o) A local authority may apply legal restrictions adopted after
714		-	11 the execution of a development agreement to a development that is
715		-	12 subject to the development agreement only if the local authority:
716		-	13 (1) holds a public hearing;
717		-	14 (2) determines that the legal restrictions:
718		-	15 (A) are not in conflict with the legal restrictions governing
719		-	16 the development agreement;
720		-	17 (B) do not prevent development of the land uses,
721		-	18 intensities, or densities permitted by the development
722		-	19 agreement;
723		-	20 (C) are essential to the public health, safety, or welfare;
724		-	21 and
725		-	22 (D) expressly state that they apply to a development that is
726		-	23 subject to a development agreement or are specifically
727		-	24 anticipated and provided for in the development
728		-	25 agreement; and
729		-	26 (3) demonstrates that:
730		-	27 (A) substantial changes have occurred in pertinent
731		-	28 conditions existing at the time of the approval of the
732		-	29 development agreement; or
733		-	30 (B) the development agreement is based on substantially
734		-	31 inaccurate information supplied by the developer.
735		-	32 (p) This section does not authorize the impairment of any vested
736		-	33 right or abrogate any rights vested under common law. Without
737		-	34 limiting the time in which rights might vest, an applicant's rights
738		-	35 are considered vested in land use when the applicant obtains a
739		-	36 permit or reasonably relies on existing law regarding development
740		-	37 of a specific project. Rights considered vested under this subsection
741		-	38 are not affected by a subsequent amendment to a zoning ordinance.
742		-	39 (g) (q) This section does not apply to building codes under
743		-	40 IC 22-13.
744		-	41 (h) (r) The following provision is considered to be included in any
745		-	42 regulation adopted under section 601(d)(2)(B) of this chapter that sets
746		-	ES 425—LS 7492/DI 119 17
747		-	1 forth requirements for signs:
748		-	2 "The owner of any sign that is otherwise allowed by this
749		-	3 regulation may substitute noncommercial copy in place of any
750		-	4 other commercial or noncommercial copy. This substitution of
751		-	5 copy may be made without the issuance of any additional permit
752		-	6 by a local government agency. authority. The purpose of this
753		-	7 provision is to prevent any inadvertent favoring of commercial
754		-	8 speech over noncommercial speech, or the favoring of any
755		-	9 particular noncommercial message over any other noncommercial
756		-	10 message. This provision prevails over any more specific provision
757		-	11 in this regulation to the contrary.".
758		-	12 (i) (s) Notwithstanding any other law, a local governmental agency
759		-	13 authority must, not later than twelve (12) business days after a person
760		-	14 has filed a complete application for a permit for which approval is
761		-	15 ministerial under IC 36-7-4-402 or an improvement location permit
762		-	16 issued under the 800 series of this chapter and meets all conditions
763		-	17 required under this chapter and any other statute, issue the permit to the
764		-	18 person.
765		-	19 SECTION 16. IC 36-7-4-1109.1 IS ADDED TO THE INDIANA
766		-	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
767		-	21 [EFFECTIVE JULY 1, 2025]: Sec. 1109.1. (a) As used in this section,
768		-	22 "extraordinary event" means a circumstance that is:
769		-	23 (1) unforeseen; and
770		-	24 (2) not within the reasonable control of a party, including the
771		-	25 following:
772		-	26 (A) Fire, flood, tornado, or other natural disasters or acts
773		-	27 of God.
774		-	28 (B) War, civil strife, a terrorist attack, or other similar acts
775		-	29 of violence.
776		-	30 (C) Unavailability of materials, equipment, services, or
777		-	31 labor, including unavailability due to ongoing global
778		-	32 supply chain shortages.
779		-	33 (D) Utility or energy shortages or acts or omissions of
780		-	34 public utility providers.
781		-	35 (E) Unexpected or extensive delays in procuring required
782		-	36 permits, zoning, or other approvals necessary to perform
783		-	37 a party's obligations.
784		-	38 (F) Any delay resulting from a pandemic, epidemic, or
785		-	39 other public health emergency or related restrictions.
786		-	40 (G) Litigation or a regulatory proceeding regarding a
787		-	41 development.
788		-	42 (H) Other unforeseen events over which a party has no
789		-	ES 425—LS 7492/DI 119 18
790		-	1 control.
791		-	2 The term does not include a party's failure to anticipate normal
792		-	3 and customary delays due to weather.
793		-	4 (b) This section applies if a local authority requires an applicant
794		-	5 to meet certain requirements within a specified time in order to:
795		-	6 (1) obtain a permit; or
796		-	7 (2) maintain a permit.
797		-	8 (c) If an applicant shows that an extraordinary event prevented
798		-	9 the applicant from meeting the requirements described in
799		-	10 subsection (b) within the specified time, the local authority shall
800		-	11 grant the applicant an extension of time to meet the requirements.
801		-	12 At a minimum, the deadline for meeting the requirements must be
802		-	13 extended by the length of the delay that:
803		-	14 (1) was caused by the extraordinary event; and
804		-	15 (2) prevented the applicant from meeting the deadline.
805		-	16 SECTION 17. IC 36-7-4-1109.2 IS ADDED TO THE INDIANA
806		-	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
807		-	18 [EFFECTIVE JULY 1, 2025]: Sec. 1109.2. If:
808		-	19 (1) an applicant applies to a local authority for an extension
809		-	20 of permit conditions under any circumstances; and
810		-	21 (2) the local authority denies the applicant's application for an
811		-	22 extension;
812		-	23 the local authority shall provide the applicant written
813		-	24 determinations and findings of fact explaining the local authority's
814		-	25 denial of the application for an extension.
815		-	26 SECTION 18. IC 36-7-4-1109.3 IS ADDED TO THE INDIANA
816		-	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
817		-	28 [EFFECTIVE JULY 1, 2025]: Sec. 1109.3. (a) This section applies if:
818		-	29 (1) a zoning ordinance establishes a time within which an
819		-	30 applicant must obtain a permit or commence or complete a
820		-	31 permitted use; and
821		-	32 (2) the local authority's decision to grant the applicant the
822		-	33 permit is appealed.
823		-	34 (b) The time specified in the zoning ordinance for:
824		-	35 (1) commencing a permitted use is tolled to allow the
825		-	36 permitted use to be commenced:
826		-	37 (A) upon the start of actual construction of the use as
827		-	38 approved; and
828		-	39 (B) not later than two (2) years after the date of the final
829		-	40 disposition of all appeals of the permitting authority's
830		-	41 decision; and
831		-	42 (2) completing a permitted use may not begin to run until
832		-	ES 425—LS 7492/DI 119 19
833		-	1 actual construction has started.
834		-	2 Any zoning ordinance to the contrary is invalid or unenforceable.
835		-	3 (c) Upon approval of a permit, the approved permitted use
836		-	4 constitutes a lawful use:
837		-	5 (1) while an appeal of the local authority's decision approving
838		-	6 the permit is pending; and
839		-	7 (2) that may not be affected by any subsequently adopted
840		-	8 zoning provisions.
841		-	9 If approval of the permit is upheld on final appeal, the permitted
842		-	10 use shall be allowed to be commenced within the extended two (2)
843		-	11 year period set forth in subsection (b).
844		-	12 SECTION 19. IC 36-7-4-1109.4 IS ADDED TO THE INDIANA
845		-	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
846		-	14 [EFFECTIVE JULY 1, 2025]: Sec. 1109.4. (a) This section does not
847		-	15 apply to the issuance of a design release or a plan review under
848		-	16 IC 22-15.
849		-	17 (b) A local authority shall review a permit application for
850		-	18 completeness. If a local authority determines that an application is
851		-	19 incomplete, the local authority must, not later than thirty (30) days
852		-	20 after receipt of the application, notify the applicant in writing of all
853		-	21 defects in the application. If a local authority fails to notify an
854		-	22 applicant as required under this subsection, the local authority
855		-	23 shall consider the permit application to be complete.
856		-	24 (c) An applicant that receives a timely written notice that an
857		-	25 application is incomplete under subsection (b) may:
858		-	26 (1) cure the defects in the application; and
859		-	27 (2) resubmit the corrected application to the local authority;
860		-	28 not later than thirty (30) days after receiving the notice. If an
861		-	29 applicant is unable to cure the defects within the thirty (30) day
862		-	30 period, the applicant shall notify the local authority of the
863		-	31 additional time the applicant requires to cure the defects.
864		-	32 (d) Subject to subsection (e), not more than ninety (90) days
865		-	33 after making an initial determination of completeness under
866		-	34 subsection (b), a local authority shall:
867		-	35 (1) review the application to determine if it complies with all
868		-	36 applicable requirements; and
869		-	37 (2) notify the applicant in writing whether the application is
870		-	38 approved or denied.
871		-	39 The local authority shall provide to the applicant the local
872		-	40 authority's written determination and findings of fact.
873		-	41 (e) If an applicant requested additional time under subsection
874		-	42 (c) to cure defects in the application, the ninety (90) day period set
875		-	ES 425—LS 7492/DI 119 20
876		-	1 forth in subsection (d) is extended for a corresponding amount of
877		-	2 time.
878		-	3 (f) Any official action on a previously approved permit
879		-	4 application, including an extension of specific conditions set forth
880		-	5 in the permit, must be made not later than sixty (60) days after the
881		-	6 applicant's filing that initiated the official action. The local
882		-	7 authority shall provide to the applicant the local authority's
883		-	8 written determination and findings of fact with respect to the
884		-	9 official action.
885		-	10 SECTION 20. IC 36-7-4-1109.5 IS ADDED TO THE INDIANA
886		-	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
887		-	12 [EFFECTIVE JULY 1, 2025]: Sec. 1109.5. (a) As used in this section,
888		-	13 "project" means a project that involves the siting, construction, or
889		-	14 deployment of facilities, equipment, or infrastructure used in the
890		-	15 generation of electricity by an entity other than any of the
891		-	16 following:
892		-	17 (1) A public utility (as defined in IC 8-1-2-1(a)) that provides
893		-	18 retail electric service to customers in Indiana.
894		-	19 (2) An affiliate of a public utility described in subdivision (1).
895		-	20 (3) A corporation organized under IC 8-1-13, including a
896		-	21 general district corporation within the meaning of
897		-	22 IC 8-1-13-23.
898		-	23 (4) A corporation organized under IC 23-17 that is an electric
899		-	24 cooperative and that has at least one (1) member that is a
900		-	25 corporation organized under IC 8-1-13.
901		-	26 (5) A joint agency created under IC 8-1-2.2.
902		-	27 (b) After June 30, 2025, a political subdivision or a local
903		-	28 authority may prohibit, by regulation or otherwise, the siting,
904		-	29 construction, installation, permitting, or deployment of one (1) or
905		-	30 more projects within the territorial jurisdiction of the political
906		-	31 subdivision or local authority, for a period of not more than one (1)
907		-	32 year. A prohibition under this subsection may not be extended or
908		-	33 renewed for any length of time, regardless of when the prohibition
909		-	34 first takes effect.
910		-	ES 425—LS 7492/DI 119 21
911	676		COMMITTEE REPORT
912	677		Mr. President: The Senate Committee on Utilities, to which was
913	678		referred Senate Bill No. 425, has had the same under consideration and
914	679		begs leave to report the same back to the Senate with the
915	680		recommendation that said bill be AMENDED as follows:
916	681		Page 1, line 5, after "1." insert "(a)".
917	682		Page 1, line 9, delete "electricity, regardless of the energy source or"
918	683		and insert "electricity.
919	684		(b) The term does not include the following:
920	685		(1) A wind power device (as defined in IC 8-1-41-7).
921	686		(2) A commercial solar energy system (as defined in
922	687		IC 8-1-42-2).".
923	688		Page 1, delete line 10.
924	689		Page 1, line 11, after "2." insert "(a)".
925	690		Page 1, line 12, delete "is located:" and insert "was located as of
926	691		January 1, 2025:".
927	692		Page 1, after line 17, begin a new paragraph and insert:
928	693		"(b) The term does not include a premise of land on which either
929	694		of the following was located as of January 1, 2025:
930	695		(1) One (1) or more wind power devices (as defined in
931	696		IC 8-1-41-7) that are integrated into an electric generation
932	697		facility.
933	698		(2) One (1) or more commercial solar energy systems (as
934	699		defined in IC 8-1-42-2).".
935	700		Page 2, line 8, delete "is not currently" and insert "was not".
936	701		Page 2, line 9, delete "owner." and insert "owner as of January 1,
937	702		2025.".
938	703		Page 2, line 34, delete "one hundred eighty (180)" and insert "two
939	704		hundred seventy (270)".
940	705		Page 4, after line 34, begin a new paragraph and insert:
941	706		"Sec. 11. This chapter may not be construed to increase or
942	707		modify the authority of a local governmental agency or a unit to
943	708		regulate the siting, construction, or deployment of an electric
944	709		generation facility that is not located in an energy production
945	710		zone.".
946	711		and when so amended that said bill do pass.
947	712		(Reference is to SB 425 as introduced.)
948	713		KOCH, Chairperson
949	714		Committee Vote: Yeas 7, Nays 3.
950		-	ES 425—LS 7492/DI 119 22
	715	+	ES 425—LS 7492/DI 119 17
951	716		COMMITTEE REPORT
952	717		Mr. Speaker: Your Committee on Utilities, Energy and
953	718		Telecommunications, to which was referred Senate Bill 425, has had
954	719		the same under consideration and begs leave to report the same back
955	720		to the House with the recommendation that said bill be amended as
956	721		follows:
957	722		Delete the title and insert the following:
958	723		A BILL FOR AN ACT to amend the Indiana Code concerning land
959	724		use planning and development.
960	725		Page 2, delete lines 12 through 13, begin a new paragraph and
961	726		insert:
962	727		"Sec. 3. As used in this chapter, "local authority" has the
963	728		meaning set forth in IC 36-7-4-1109.".
964	729		Page 2, line 35, delete "governmental agency" and insert
965	730		"authority".
966	731		Page 3, line 6, delete "governmental agency" and insert "authority".
967	732		Page 4, line 40, delete "governmental agency" and insert
968	733		"authority".
969	734		Page 4, line 41, delete "governmental".
970	735		Page 4, line 42, delete "agency" and insert "authority".
971	736		Page 5, line 5, delete "governmental agency" and insert "authority".
972	737		Page 5, after line 7, begin a new paragraph and insert:
973	738		"SECTION 2. IC 14-11-1-10, AS ADDED BY P.L.191-2023,
974	739		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
975	740		JULY 1, 2025]: Sec. 10. The department shall coordinate with local
976	741		governmental agencies (as defined in IC 36-7-4-1109(a)) local
977	742		authorities (as defined in IC 36-7-4-1109) for purposes of the permit
978	743		process described in IC 36-1-29-16.
979	744		SECTION 3. IC 36-1-27-2, AS ADDED BY P.L.3-2019, SECTION
980	745		1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
981	746		2025]: Sec. 2. As used in this chapter, "permit" has the meaning set
982	747		forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
983	748		SECTION 4. IC 36-1-29-4, AS ADDED BY P.L.164-2020,
984	749		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
985	750		JULY 1, 2025]: Sec. 4. As used in this chapter, "local governmental
986	751		agency" "local authority" has the meaning set forth in
987	752		IC 36-7-4-1109(a). IC 36-7-4-1109.
988	753		SECTION 5. IC 36-1-29-7, AS ADDED BY P.L.164-2020,
989	754		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
990	755		JULY 1, 2025]: Sec. 7. As used in this chapter, "permit" has the
991	756		meaning set forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
992		-	ES 425—LS 7492/DI 119 23
	757	+	ES 425—LS 7492/DI 119 18
993	758		SECTION 6. IC 36-1-29-10, AS ADDED BY P.L.164-2020,
994	759		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
995	760		JULY 1, 2025]: Sec. 10. (a) An owner of private property who is
996	761		subject to the jurisdiction of a local governmental agency authority in
997	762		a county subject to this chapter may:
998	763		(1) subject to applicable state laws and administrative rules, local
999	764		ordinances, and section 11 of this chapter, in the case of an
1000	765		emergency, repair an existing seawall or revetment on the owner's
1001	766		private property; or
1002	767		(2) subject to applicable state laws and administrative rules, local
1003	768		ordinances, and section 12 of this chapter, in the case of an
1004	769		emergency, construct a new seawall or revetment on the owner's
1005	770		private property;
1006	771		whichever applies.
1007	772		(b) For the purposes of this chapter, side seawalls on Lake Michigan
1008	773		are temporary structures and must be at least eighteen (18) inches from
1009	774		the private property line.
1010	775		SECTION 7. IC 36-1-29-14, AS ADDED BY P.L.164-2020,
1011	776		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1012	777		JULY 1, 2025]: Sec. 14. Not later than ten (10) business days after a
1013	778		person submits a completed application for an emergency seawall or
1014	779		revetment permit and meets all required conditions, a local
1015	780		governmental agency authority shall:
1016	781		(1) approve; or
1017	782		(2) deny;
1018	783		the person's application for the emergency permit. If a local
1019	784		governmental agency authority does not approve or deny the
1020	785		emergency seawall or revetment permit within ten (10) business days,
1021	786		the emergency permit is automatically approved and considered issued
1022	787		to the person.
1023	788		SECTION 8. IC 36-1-29-15, AS ADDED BY P.L.164-2020,
1024	789		SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1025	790		JULY 1, 2025]: Sec. 15. If a local governmental agency authority
1026	791		denies the emergency seawall or revetment permit, the local
1027	792		governmental agency authority shall provide the reasons for the denial
1028	793		in a single response to the person. A person may submit not more than
1029	794		one (1) completed reapplication for an emergency seawall or revetment
1030	795		permit that lists reasons why the local governmental agency authority
1031	796		should approve the person's emergency permit. Not later than ten (10)
1032	797		business days after the person submits the completed reapplication, a
1033	798		local governmental agency authority shall:
1034	799		(1) approve; or
1035		-	ES 425—LS 7492/DI 119 24
	800	+	ES 425—LS 7492/DI 119 19
1036	801		(2) deny;
1037	802		the person's reapplication for the emergency permit. If a local
1038	803		governmental agency authority does not approve or deny the person's
1039	804		reapplication for the emergency seawall or revetment permit within ten
1040	805		(10) business days, the emergency permit is automatically approved
1041	806		and considered issued to the person.
1042	807		SECTION 9. IC 36-1-29-16, AS AMENDED BY P.L.191-2023,
1043	808		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1044	809		JULY 1, 2025]: Sec. 16. (a) This section applies to an application for
1045	810		a seawall or revetment permit that is not an emergency permit.
1046	811		(b) Not later than thirty (30) business days after a person submits a
1047	812		completed application and meets all required conditions for a seawall
1048	813		or revetment permit, a local governmental agency authority shall:
1049	814		(1) approve; or
1050	815		(2) deny;
1051	816		the person's application for the permit.
1052	817		(c) If a local governmental agency authority does not approve or
1053	818		deny the seawall or revetment permit within thirty (30) business days,
1054	819		the permit is automatically approved and considered issued to the
1055	820		person.
1056	821		SECTION 10. IC 36-7-4-100.5 IS ADDED TO THE INDIANA
1057	822		CODE AS A NEW SECTION TO READ AS FOLLOWS
1058	823		[EFFECTIVE JULY 1, 2025]: Sec. 100.5. As used in this chapter,
1059	824		"actual construction" means that:
1060	825		(1) construction materials are being permanently placed; and
1061	826		(2) construction work is progressing.
1062	827		SECTION 11. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
1063	828		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1064	829		JULY 1, 2025]: Sec. 1109. (a) As used in this section, "applicant"
1065	830		means a person that applies to a local authority for a permit or
1066	831		approval.
1067	832		(b) As used in this section, "development agreement" means a
1068	833		contract that is entered into between a person and a local authority
1069	834		regarding the development of property and that is executed after
1070	835		June 30, 2025.
1071	836		(c) As used in this section, "development standards" includes
1072	837		the following:
1073	838		(1) Project elements including:
1074	839		(A) permitted uses;
1075	840		(B) residential densities;
1076	841		(C) nonresidential densities and intensities;
1077	842		(D) building sizes;
1078		-	ES 425—LS 7492/DI 119 25
	843	+	ES 425—LS 7492/DI 119 20
1079	844		(E) impact fees, inspection fees, or dedications;
1080	845		(F) mitigation measures, development conditions, and
1081	846		other requirements;
1082	847		(G) design standards;
1083	848		(H) affordable housing;
1084	849		(I) parks and open space preservation;
1085	850		(J) phasing; and
1086	851		(K) review procedures and standards for implementing
1087	852		decisions.
1088	853		(2) Any other development requirement or procedure.
1089	854		(d) As used in this section, "legal restrictions" means statutes,
1090	855		ordinances, rules, development standards, policies, and regulations.
1091	856		The term does not include building codes under IC 22-13.
1092	857		(a) (e) As used in this section, "local governmental agency" "local
1093	858		authority" includes any agency, officer, board, or commission of a
1094	859		local unit of government that may issue:
1095	860		(1) a permit; or
1096	861		(2) an approval:
1097	862		(A) of a land use; or
1098	863		(B) an approval for the construction of a development, a
1099	864		building, or another structure.
1100	865		(b) (f) As used in this section, "permit" means an approved zoning
1101	866		action taken by a local authority under this chapter, including any
1102	867		of the following:
1103	868		(1) An improvement location permit.
1104	869		(2) A building permit.
1105	870		(3) A certificate of occupancy.
1106	871		(4) Approval of a site-specific development plan.
1107	872		(5) Approval of a primary or secondary plat.
1108	873		(6) Approval of a variance, contingent use, conditional use,
1109	874		special exception, or special use.
1110	875		(7) Approval of a planned unit development.
1111	876		(c) (g) If a person files with the appropriate local authority a
1112	877		complete application for a permit, as required by the effective
1113	878		ordinances or rules legal restrictions of a local unit of government or
1114	879		a local governmental agency for a permit with the appropriate local
1115	880		governmental agency, authority, the granting of:
1116	881		(1) the permit; and the granting of
1117	882		(2) any secondary, additional, or related permits or approvals
1118	883		required from the same local governmental agency authority with
1119	884		respect to the general subject matter of the application for the first
1120	885		permit;
1121		-	ES 425—LS 7492/DI 119 26
	886	+	ES 425—LS 7492/DI 119 21
1122	887		are governed, for a period of at least three (3) years after the date the
1123	888		person applies for the permit by the statutes, ordinances, rules,
1124	889		development standards, and regulations in effect and applicable to the
1125	890		property when the application is filed, even if files a complete permit
1126	891		application, by the legal restrictions in effect and applicable to the
1127	892		property at the time the complete application is filed.
1128	893		(h) Subsection (g) applies even if the legal restrictions governing
1129	894		the granting of the permit or approval are changed by the general
1130	895		assembly or the applicable local legislative body or regulatory
1131	896		body:
1132	897		(1) before the issuance of the permit; or
1133	898		(2) while the permit approval process is pending; or
1134	899		(3) before the issuance of any secondary, additional, or related
1135	900		permits or approvals; or
1136	901		(4) while the secondary, additional, or related permit or approval
1137	902		process is pending. the statutes, ordinances, rules, development
1138	903		standards, or regulations governing the granting of the permit or
1139	904		approval are changed by the general assembly or the applicable
1140	905		local legislative body or regulatory body,
1141	906		Subsection (g) applies regardless of whether such changes in the
1142	907		statutes, ordinances, rules, development standards, or regulations the
1143	908		changes to the legal restrictions are part of a zoning ordinance, a
1144	909		subdivision control ordinance, or a statute, ordinance, or regulation that
1145	910		is based on the general police powers of the local unit of government.
1146	911		However, this after the issuance or approval of a permit subsection
1147	912		(g) does not apply if the development or other activity to which the
1148	913		permit relates is not completed within ten (10) years after the
1149	914		development or activity is commenced.
1150	915		(d) (i) Subsection (e) (j) applies if:
1151	916		(1) either:
1152	917		(A) a local governmental agency authority issues to a person
1153	918		a permit or grants a person approval for the construction of a
1154	919		development, a building, or another structure; or
1155	920		(B) a permit or approval is not required from the local
1156	921		governmental agency authority for the construction of the
1157	922		development, building, or structure;
1158	923		(2) before beginning the construction of the development,
1159	924		building, or structure, the person must obtain a permit or approval
1160	925		for the construction of the development, building, or structure
1161	926		from a state governmental agency; and
1162	927		(3) the person has applied for the permit or requested the approval
1163	928		for the construction of the development, building, or structure
1164		-	ES 425—LS 7492/DI 119 27
	929	+	ES 425—LS 7492/DI 119 22
1165	930		from the state governmental agency within ninety (90) days of
1166	931		issuance of the permit or the granting of approval by the local
1167	932		governmental agency. authority, as applicable.
1168	933		(e) (j) Subject to subsection (f), (l), if the conditions of subsection
1169	934		(d) (i) are satisfied:
1170	935		(1) a permit or approval issued or granted to a person by the local
1171	936		governmental agency authority for the construction of the
1172	937		development, building, or structure; or
1173	938		(2) the person's right to construct the development, building, or
1174	939		structure without a permit or approval from the local
1175	940		governmental agency; authority;
1176	941		is governed, for a period of at least three (3) years after the person
1177	942		applies to the state governmental agency for the permit, by the
1178	943		statutes, ordinances, rules, development standards, regulations, and
1179	944		approvals legal restrictions in effect and applicable to the property
1180	945		when the person applies for the permit or requests approval from the
1181	946		state governmental agency for the construction of the development,
1182	947		building, or structure.
1183	948		(k) Subsection (j) applies even if the legal restrictions governing
1184	949		the granting of the permit or approval from the local authority are
1185	950		changed by the general assembly or the applicable local legislative
1186	951		body or regulatory body:
1187	952		(1) before the commencement of the construction; or
1188	953		(2) while the permit application or approval request is pending
1189	954		with the state governmental agency. the statutes governing the
1190	955		granting of the permit or approval from the local governmental
1191	956		agency are changed by the general assembly or the ordinances,
1192	957		rules, development standards, or regulations of the local unit of
1193	958		government or the local governmental agency are changed by the
1194	959		applicable local legislative body or regulatory body,
1195	960		Subsection (j) applies regardless of whether such changes in the
1196	961		statutes, ordinances, rules, development standards, or regulations the
1197	962		changes to the legal restrictions are part of a zoning ordinance, a
1198	963		subdivision control ordinance, or a statute, ordinance, or regulation that
1199	964		is based on the general police powers of the local unit of government.
1200	965		However, this subsection (j) does not apply if the development or other
1201	966		activity to which the permit or approval request relates is not completed
1202	967		within ten (10) years after the development or activity is commenced.
1203	968		(f) (l) Subsection (d) (j) does not apply to property when it is
1204	969		demonstrated by the local authority or state governmental agency that
1205	970		the construction of the development, building, or structure would cause
1206	971		imminent peril to life or property.
1207		-	ES 425—LS 7492/DI 119 28
	972	+	ES 425—LS 7492/DI 119 23
1208	973		(m) A development agreement entered into by a local authority
1209	974		must set forth the legal restrictions, including development
1210	975		standards and any other provisions applying to and governing the
1211	976		use and development of the real property for the period specified
1212	977		in the development agreement. A development agreement must:
1213	978		(1) reserve authority for the local authority to impose new or
1214	979		different legal restrictions to the extent required by a serious
1215	980		threat to public health and safety; and
1216	981		(2) be consistent with applicable legal restrictions adopted by
1217	982		the local authority.
1218	983		(n) Subject to subsection (j), the local authority's legal
1219	984		restrictions governing the development of the real property at the
1220	985		time the development agreement is executed govern the
1221	986		development of the real property for the period specified in the
1222	987		development agreement.
1223	988		(o) A local authority may apply legal restrictions adopted after
1224	989		the execution of a development agreement to a development that is
1225	990		subject to the development agreement only if the local authority:
1226	991		(1) holds a public hearing;
1227	992		(2) determines that the legal restrictions:
1228	993		(A) are not in conflict with the legal restrictions governing
1229	994		the development agreement;
1230	995		(B) do not prevent development of the land uses,
1231	996		intensities, or densities permitted by the development
1232	997		agreement;
1233	998		(C) are essential to the public health, safety, or welfare;
1234	999		and
1235	1000		(D) expressly state that they apply to a development that is
1236	1001		subject to a development agreement or are specifically
1237	1002		anticipated and provided for in the development
1238	1003		agreement; and
1239	1004		(3) demonstrates that:
1240	1005		(A) substantial changes have occurred in pertinent
1241	1006		conditions existing at the time of the approval of the
1242	1007		development agreement; or
1243	1008		(B) the development agreement is based on substantially
1244	1009		inaccurate information supplied by the developer.
1245	1010		(p) This section does not authorize the impairment of any vested
1246	1011		right or abrogate any rights vested under common law. Without
1247	1012		limiting the time in which rights might vest, an applicant's rights
1248	1013		are considered vested in land use when the applicant obtains a
1249	1014		permit or reasonably relies on existing law regarding development
1250		-	ES 425—LS 7492/DI 119 29
	1015	+	ES 425—LS 7492/DI 119 24
1251	1016		of a specific project. Rights considered vested under this subsection
1252	1017		are not affected by a subsequent amendment to a zoning ordinance.
1253	1018		(g) (q) This section does not apply to building codes under
1254	1019		IC 22-13.
1255	1020		(h) (r) The following provision is considered to be included in any
1256	1021		regulation adopted under section 601(d)(2)(B) of this chapter that sets
1257	1022		forth requirements for signs:
1258	1023		"The owner of any sign that is otherwise allowed by this
1259	1024		regulation may substitute noncommercial copy in place of any
1260	1025		other commercial or noncommercial copy. This substitution of
1261	1026		copy may be made without the issuance of any additional permit
1262	1027		by a local government agency. authority. The purpose of this
1263	1028		provision is to prevent any inadvertent favoring of commercial
1264	1029		speech over noncommercial speech, or the favoring of any
1265	1030		particular noncommercial message over any other noncommercial
1266	1031		message. This provision prevails over any more specific provision
1267	1032		in this regulation to the contrary.".
1268	1033		(i) (s) Notwithstanding any other law, a local governmental agency
1269	1034		authority must, not later than twelve (12) business days after a person
1270	1035		has filed a complete application for a permit for which approval is
1271	1036		ministerial under IC 36-7-4-402 or an improvement location permit
1272	1037		issued under the 800 series of this chapter and meets all conditions
1273	1038		required under this chapter and any other statute, issue the permit to the
1274	1039		person.
1275	1040		SECTION 12. IC 36-7-4-1109.1 IS ADDED TO THE INDIANA
1276	1041		CODE AS A NEW SECTION TO READ AS FOLLOWS
1277	1042		[EFFECTIVE JULY 1, 2025]: Sec. 1109.1. (a) As used in this section,
1278	1043		"extraordinary event" means a circumstance that is:
1279	1044		(1) unforeseen; and
1280	1045		(2) not within the reasonable control of a party, including the
1281	1046		following:
1282	1047		(A) Fire, flood, tornado, or other natural disasters or acts
1283	1048		of God.
1284	1049		(B) War, civil strife, a terrorist attack, or other similar acts
1285	1050		of violence.
1286	1051		(C) Unavailability of materials, equipment, services, or
1287	1052		labor, including unavailability due to ongoing global
1288	1053		supply chain shortages.
1289	1054		(D) Utility or energy shortages or acts or omissions of
1290	1055		public utility providers.
1291	1056		(E) Unexpected or extensive delays in procuring required
1292	1057		permits, zoning, or other approvals necessary to perform
1293		-	ES 425—LS 7492/DI 119 30
	1058	+	ES 425—LS 7492/DI 119 25
1294	1059		a party's obligations.
1295	1060		(F) Any delay resulting from a pandemic, epidemic, or
1296	1061		other public health emergency or related restrictions.
1297	1062		(G) Litigation or a regulatory proceeding regarding a
1298	1063		development.
1299	1064		(H) Other unforeseen events over which a party has no
1300	1065		control.
1301	1066		The term does not include a party's failure to anticipate normal
1302	1067		and customary delays due to weather.
1303	1068		(b) This section applies if a local authority requires an applicant
1304	1069		to meet certain requirements within a specified time in order to:
1305	1070		(1) obtain a permit; or
1306	1071		(2) maintain a permit.
1307	1072		(c) If an applicant shows that an extraordinary event prevented
1308	1073		the applicant from meeting the requirements described in
1309	1074		subsection (b) within the specified time, the local authority shall
1310	1075		grant the applicant an extension of time to meet the requirements.
1311	1076		At a minimum, the deadline for meeting the requirements must be
1312	1077		extended by the length of the delay that:
1313	1078		(1) was caused by the extraordinary event; and
1314	1079		(2) prevented the applicant from meeting the deadline.
1315	1080		SECTION 13. IC 36-7-4-1109.2 IS ADDED TO THE INDIANA
1316	1081		CODE AS A NEW SECTION TO READ AS FOLLOWS
1317	1082		[EFFECTIVE JULY 1, 2025]: Sec. 1109.2. If:
1318	1083		(1) an applicant applies to a local authority for an extension
1319	1084		of permit conditions under any circumstances; and
1320	1085		(2) the local authority denies the applicant's application for an
1321	1086		extension;
1322	1087		the local authority shall provide the applicant written
1323	1088		determinations and findings of fact explaining the local authority's
1324	1089		denial of the application for an extension.
1325	1090		SECTION 14. IC 36-7-4-1109.3 IS ADDED TO THE INDIANA
1326	1091		CODE AS A NEW SECTION TO READ AS FOLLOWS
1327	1092		[EFFECTIVE JULY 1, 2025]: Sec. 1109.3. (a) This section applies if:
1328	1093		(1) a zoning ordinance establishes a time within which an
1329	1094		applicant must obtain a permit or commence or complete a
1330	1095		permitted use; and
1331	1096		(2) the local authority's decision to grant the applicant the
1332	1097		permit is appealed.
1333	1098		(b) The time specified in the zoning ordinance for:
1334	1099		(1) commencing a permitted use is tolled to allow the
1335	1100		permitted use to be commenced:
1336		-	ES 425—LS 7492/DI 119 31
	1101	+	ES 425—LS 7492/DI 119 26
1337	1102		(A) upon the start of actual construction of the use as
1338	1103		approved; and
1339	1104		(B) not later than two (2) years after the date of the final
1340	1105		disposition of all appeals of the permitting authority's
1341	1106		decision; and
1342	1107		(2) completing a permitted use may not begin to run until
1343	1108		actual construction has started.
1344	1109		Any zoning ordinance to the contrary is invalid or unenforceable.
1345	1110		(c) Upon approval of a permit, the approved permitted use
1346	1111		constitutes a lawful use:
1347	1112		(1) while an appeal of the local authority's decision approving
1348	1113		the permit is pending; and
1349	1114		(2) that may not be affected by any subsequently adopted
1350	1115		zoning provisions.
1351	1116		If approval of the permit is upheld on final appeal, the permitted
1352	1117		use shall be allowed to be commenced within the extended two (2)
1353	1118		year period set forth in subsection (b).
1354	1119		SECTION 15. IC 36-7-4-1109.4 IS ADDED TO THE INDIANA
1355	1120		CODE AS A NEW SECTION TO READ AS FOLLOWS
1356	1121		[EFFECTIVE JULY 1, 2025]: Sec. 1109.4. (a) This section does not
1357	1122		apply to the issuance of a design release or a plan review under
1358	1123		IC 22-15.
1359	1124		(b) A local authority shall review a permit application for
1360	1125		completeness. If a local authority determines that an application is
1361	1126		incomplete, the local authority must, not later than thirty (30) days
1362	1127		after receipt of the application, notify the applicant in writing of all
1363	1128		defects in the application. If a local authority fails to notify an
1364	1129		applicant as required under this subsection, the local authority
1365	1130		shall consider the permit application to be complete.
1366	1131		(c) An applicant that receives a timely written notice that an
1367	1132		application is incomplete under subsection (b) may:
1368	1133		(1) cure the defects in the application; and
1369	1134		(2) resubmit the corrected application to the local authority;
1370	1135		not later than thirty (30) days after receiving the notice. If an
1371	1136		applicant is unable to cure the defects within the thirty (30) day
1372	1137		period, the applicant shall notify the local authority of the
1373	1138		additional time the applicant requires to cure the defects.
1374	1139		(d) Subject to subsection (e), not more than ninety (90) days
1375	1140		after making an initial determination of completeness under
1376	1141		subsection (b), a local authority shall:
1377	1142		(1) review the application to determine if it complies with all
1378	1143		applicable requirements; and
1379		-	ES 425—LS 7492/DI 119 32
	1144	+	ES 425—LS 7492/DI 119 27
1380	1145		(2) notify the applicant in writing whether the application is
1381	1146		approved or denied.
1382	1147		The local authority shall provide to the applicant the local
1383	1148		authority's written determination and findings of fact.
1384	1149		(e) If an applicant requested additional time under subsection
1385	1150		(c) to cure defects in the application, the ninety (90) day period set
1386	1151		forth in subsection (d) is extended for a corresponding amount of
1387	1152		time.
1388	1153		(f) Any official action on a previously approved permit
1389	1154		application, including an extension of specific conditions set forth
1390	1155		in the permit, must be made not later than sixty (60) days after the
1391	1156		applicant's filing that initiated the official action. The local
1392	1157		authority shall provide to the applicant the local authority's
1393	1158		written determination and findings of fact with respect to the
1394	1159		official action.
1395	1160		SECTION 16. IC 36-7-4-1109.5 IS ADDED TO THE INDIANA
1396	1161		CODE AS A NEW SECTION TO READ AS FOLLOWS
1397	1162		[EFFECTIVE JULY 1, 2025]: Sec. 1109.5. (a) As used in this section,
1398	1163		"project" means a project that involves the siting, construction, or
1399	1164		deployment of facilities, equipment, or infrastructure used in the
1400	1165		generation of electricity by an entity other than any of the
1401	1166		following:
1402	1167		(1) A public utility (as defined in IC 8-1-2-1(a)) that provides
1403	1168		retail electric service to customers in Indiana.
1404	1169		(2) An affiliate of a public utility described in subdivision (1).
1405	1170		(3) A corporation organized under IC 8-1-13, including a
1406	1171		general district corporation within the meaning of
1407	1172		IC 8-1-13-23.
1408	1173		(4) A corporation organized under IC 23-17 that is an electric
1409	1174		cooperative and that has at least one (1) member that is a
1410	1175		corporation organized under IC 8-1-13.
1411	1176		(5) A joint agency created under IC 8-1-2.2.
1412	1177		(b) After June 30, 2025, a political subdivision or a local
1413	1178		authority may prohibit, by regulation or otherwise, the siting,
1414	1179		construction, installation, permitting, or deployment of one (1) or
1415	1180		more projects within the territorial jurisdiction of the political
1416	1181		subdivision or local authority, for a period of not more than one (1)
1417	1182		year. A prohibition under this subsection may not be extended or
1418	1183		renewed for any length of time, regardless of when the prohibition
1419	1184		first takes effect.".
1420	1185		Renumber all SECTIONS consecutively.
1421	1186		and when so amended that said bill do pass.
1422		-	ES 425—LS 7492/DI 119 33
	1187	+	ES 425—LS 7492/DI 119 28
1423	1188		(Reference is to SB 425 as printed February 14, 2025.)
1424	1189		SOLIDAY
1425	1190		Committee Vote: yeas 9, nays 4.
1426		-	_____
1427		-	HOUSE MOTION
1428		-	Mr. Speaker: I move that Engrossed Senate Bill 425 be amended to
1429		-	read as follows:
1430		-	Page 7, between lines 8 and 9, begin a new paragraph and insert:
1431		-	"SECTION 11. IC 36-7-4-606 IS AMENDED TO READ AS
1432		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 606. (a)
1433		-	AREA-METRO. This section applies to a proposal, as described in
1434		-	section 602(a) of this chapter, to adopt an initial zoning ordinance (or
1435		-	to adopt a replacement zoning ordinance after repealing the entire
1436		-	zoning ordinance, including amendments and zone maps) for a
1437		-	jurisdiction.
1438		-	(b) AREA-METRO. At the first regular meeting of the legislative
1439		-	body after the plan commission certifies the proposal under section 605
1440		-	of this chapter, the legislative body shall either:
1441		-	(1) adopt, reject, or amend the proposal; or
1442		-	(2) decide to further consider the proposal, in which case the
1443		-	proposal may be scheduled for a further hearing at any regular or
1444		-	special meeting of the legislative body within ninety (90) days
1445		-	after certification. In any event, the legislative body shall vote on
1446		-	the proposal within ninety (90) days after the plan commission
1447		-	certifies the proposal under section 605 of this chapter.
1448		-	(c) AREA-METRO. If the legislative body proceeds under
1449		-	subsection (b)(1), it shall give notice under IC 5-14-1.5-5 of its
1450		-	intention to consider the proposal at that meeting. If the legislative
1451		-	body proceeds under subsection (b)(2) to schedule a further hearing, it
1452		-	shall publish a notice of the hearing in accordance with IC 5-3-1,
1453		-	announce the hearing during a meeting, and enter the announcement in
1454		-	its memoranda and minutes. The notice and announcement must state:
1455		-	(1) the date, time, and place of the hearing;
1456		-	(2) that it pertains to an original zoning ordinance;
1457		-	(3) that written objections to the proposal filed with the clerk of
1458		-	the legislative body or with the county auditor at or before the
1459		-	hearing will be heard; and
1460		-	ES 425—LS 7492/DI 119 34
1461		-	(4) that the hearing may be continued from time to time as may be
1462		-	found necessary.
1463		-	(d) AREA-METRO. The recommendation of the plan commission
1464		-	concerning the proposal must be on file in the commission's office for
1465		-	public examination for at least ten (10) days before any hearing
1466		-	scheduled under subsection (b)(2). On completion of the hearing, the
1467		-	legislative body shall consider the proposal.
1468		-	(e) AREA-METRO. If the legislative body adopts the proposal, the
1469		-	ordinance takes effect as other ordinances of the legislative body.
1470		-	(f) AREA-METRO. If the legislative body fails to act on the
1471		-	proposal within ninety (90) days after certification, the ordinance takes
1472		-	effect as if it had been adopted (as certified) ninety (90) days after
1473		-	certification.
1474		-	(g) AREA-METRO. If the legislative body rejects or amends the
1475		-	proposal, it shall be returned to the plan commission for its
1476		-	consideration, with a written statement of the reasons for the rejection
1477		-	or amendment. The commission has forty-five (45) days in which to
1478		-	consider the rejection or amendment and report to the legislative body
1479		-	as follows:
1480		-	(1) If the commission approves the amendment or fails to act
1481		-	within the forty-five (45) day period, the ordinance stands as
1482		-	passed by the legislative body as of the date of the filing of the
1483		-	commission's report of approval with the legislative body or the
1484		-	end of the forty-five (45) day period.
1485		-	(2) If the commission disapproves the rejection or amendment,
1486		-	the action of the legislative body on the original rejection or
1487		-	amendment stands only if confirmed by another vote of the
1488		-	legislative body within forty-five (45) days after the commission
1489		-	certifies its disapproval. If the legislative body fails to confirm its
1490		-	action under this subdivision, then the ordinance takes effect in
1491		-	the manner provided in subsection (f).
1492		-	SECTION 12. IC 36-7-4-606.5 IS ADDED TO THE INDIANA
1493		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
1494		-	[EFFECTIVE JULY 1, 2025]: Sec. 606.5. (a) ADVISORY. This
1495		-	section applies to a proposal, as described in section 602(a) of this
1496		-	chapter, to adopt an initial zoning ordinance (or to adopt a
1497		-	replacement zoning ordinance after repealing the entire zoning
1498		-	ordinance, including amendments and zone maps) for a
1499		-	jurisdiction.
1500		-	(b) ADVISORY. At any regular or special meeting of the
1501		-	legislative body after the plan commission certifies the proposal
1502		-	under section 605 of this chapter, the legislative body shall adopt,
1503		-	ES 425—LS 7492/DI 119 35
1504		-	reject, or amend the proposal.
1505		-	(c) ADVISORY. The legislative body shall give notice under
1506		-	IC 5-14-1.5-5 of its intention to consider the proposal at that
1507		-	meeting. The notice and announcement must state:
1508		-	(1) the date, time, and place of the hearing;
1509		-	(2) that it pertains to an original zoning ordinance;
1510		-	(3) that written objections to the proposal filed with the clerk
1511		-	of the legislative body or with the county auditor at or before
1512		-	the hearing will be heard; and
1513		-	(4) that the hearing may be continued from time to time as
1514		-	may be found necessary.
1515		-	(d) ADVISORY. The recommendation of the plan commission
1516		-	concerning the proposal must be on file in the commission's office
1517		-	for public examination for at least ten (10) days before any hearing
1518		-	scheduled under this section. On completion of the hearing, the
1519		-	legislative body shall consider the proposal.
1520		-	(e) ADVISORY. If the legislative body adopts or amends the
1521		-	proposal, the ordinance takes effect as other ordinances of the
1522		-	legislative body. If the legislative body rejects the proposal, further
1523		-	consideration of the proposal is prohibited for one (1) year after
1524		-	the date of the proposal's rejection.
1525		-	SECTION 13. IC 36-7-4-607, AS AMENDED BY P.L.167-2022,
1526		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1527		-	JULY 1, 2025]: Sec. 607. (a) AREA-METRO. This section applies to
1528		-	a proposal, as described in section 602(b) of this chapter, to amend or
1529		-	partially repeal the text (not zone maps) of the zoning ordinance.
1530		-	(b) ADVISORY)AREA. AREA. If the proposal is initiated by a
1531		-	participating legislative body instead of the plan commission, the
1532		-	proposal must be referred to the commission for consideration and
1533		-	recommendation before any final action is taken by the legislative
1534		-	body.
1535		-	(c) AREA-METRO. On receiving or initiating the proposal, the
1536		-	commission shall, within sixty (60) days, hold a public hearing in
1537		-	accordance with section 604 of this chapter. The commission shall vote
1538		-	on the proposal not later than sixty (60) days after the commission
1539		-	holds the public hearing. Within ten (10) business days after the
1540		-	commission determines its recommendation (if any), the commission
1541		-	shall certify the proposal under section 605 of this chapter.
1542		-	(d) AREA-METRO. The legislative body shall vote on the proposal
1543		-	within ninety (90) days after the plan commission certifies the proposal
1544		-	under section 605 of this chapter.
1545		-	(e) AREA-METRO. This subsection applies if the proposal
1546		-	ES 425—LS 7492/DI 119 36
1547		-	receives a favorable recommendation from the plan commission:
1548		-	(1) At the first regular meeting of the legislative body after the
1549		-	proposal is certified under section 605 of this chapter (or at any
1550		-	subsequent meeting within the ninety (90) day period), the
1551		-	legislative body may adopt, reject, or amend the proposal. The
1552		-	legislative body shall give notice under IC 5-14-1.5-5 of its
1553		-	intention to consider the proposal at that meeting.
1554		-	(2) If the legislative body adopts (as certified) the proposal, it
1555		-	takes effect as other ordinances of the legislative body.
1556		-	(3) If the legislative body fails to act on the proposal within ninety
1557		-	(90) days after certification, it takes effect as if it had been
1558		-	adopted (as certified) ninety (90) days after certification.
1559		-	(4) If the legislative body rejects or amends the proposal, it shall
1560		-	be returned to the plan commission for its consideration, with a
1561		-	written statement of the reasons for the rejection or amendment.
1562		-	The commission has forty-five (45) days in which to consider the
1563		-	rejection or amendment and report to the legislative body as
1564		-	follows:
1565		-	(A) If the commission approves the amendment or fails to act
1566		-	within the forty-five (45) day period, the ordinance stands as
1567		-	passed by the legislative body as of the date of the filing of the
1568		-	commission's report of approval with the legislative body or
1569		-	the end of the forty-five (45) day period.
1570		-	(B) If the commission disapproves the rejection or
1571		-	amendment, the action of the legislative body on the original
1572		-	rejection or amendment stands only if confirmed by another
1573		-	vote of the legislative body within forty-five (45) days after the
1574		-	commission certifies its disapproval. If the legislative body
1575		-	fails to confirm its action under this clause, the ordinance
1576		-	takes effect in the manner provided in subdivision (3).
1577		-	(f) ADVISORY)AREA. AREA. This subsection applies if the
1578		-	proposal receives either an unfavorable recommendation or no
1579		-	recommendation from the plan commission:
1580		-	(1) At the first regular meeting of the legislative body after the
1581		-	proposal is certified under section 605 of this chapter (or at any
1582		-	subsequent meeting within the ninety (90) day period), the
1583		-	legislative body may adopt, reject, or amend the proposal. The
1584		-	legislative body shall give notice under IC 5-14-1.5-5 of its
1585		-	intention to consider the proposal at that meeting.
1586		-	(2) If the legislative body adopts (as certified) the proposal, it
1587		-	takes effect as other ordinances of the legislative body.
1588		-	(3) If the legislative body rejects the proposal or fails to act on it
1589		-	ES 425—LS 7492/DI 119 37
1590		-	within ninety (90) days after certification, it is defeated.
1591		-	(4) If the legislative body amends the proposal, it shall be
1592		-	returned to the plan commission for its consideration, with a
1593		-	written statement of the reasons for the amendment. The
1594		-	commission has forty-five (45) days in which to consider the
1595		-	amendment and report to the legislative body as follows:
1596		-	(A) If the commission approves the amendment or fails to act
1597		-	within the forty-five (45) day period, the ordinance stands as
1598		-	passed by the legislative body as of the date of the filing of the
1599		-	commission's report of approval with the legislative body or
1600		-	the end of the forty-five (45) day period.
1601		-	(B) If the commission disapproves the amendment, the action
1602		-	of the legislative body on the original amendment stands only
1603		-	if confirmed by another vote of the legislative body within
1604		-	forty-five (45) days after the commission certifies its
1605		-	disapproval. If the legislative body fails to confirm its action
1606		-	under this clause, the ordinance is defeated as provided in
1607		-	subdivision (3).
1608		-	SECTION 14. IC 36-7-4-607.5 IS ADDED TO THE INDIANA
1609		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
1610		-	[EFFECTIVE JULY 1, 2025]: Sec. 607.5. (a) ADVISORY. This
1611		-	section applies to a proposal, as described in section 602(b) of this
1612		-	chapter, to amend or partially repeal the text (not zone maps) of
1613		-	the zoning ordinance.
1614		-	(b) ADVISORY. If the proposal is initiated by a participating
1615		-	legislative body instead of the plan commission, the proposal must
1616		-	be referred to the commission for consideration and
1617		-	recommendation before any final action is taken by the legislative
1618		-	body.
1619		-	(c) ADVISORY. On receiving or initiating the proposal, the
1620		-	commission shall, within sixty (60) days, hold a public hearing in
1621		-	accordance with section 604 of this chapter. The commission shall
1622		-	vote on the proposal not later than sixty (60) days after the
1623		-	commission holds the public hearing. Within ten (10) business days
1624		-	after the commission determines its recommendation (if any), the
1625		-	commission shall certify the proposal under section 605 of this
1626		-	chapter.
1627		-	(d) ADVISORY. The legislative body shall vote on the proposal
1628		-	within ninety (90) days after the plan commission certifies the
1629		-	proposal under section 605 of this chapter.
1630		-	(e) ADVISORY. This subsection applies if the proposal receives
1631		-	a favorable recommendation from the plan commission:
1632		-	ES 425—LS 7492/DI 119 38
1633		-	(1) At the first regular meeting of the legislative body after the
1634		-	proposal is certified under section 605 of this chapter (or at
1635		-	any subsequent meeting within the ninety (90) day period), the
1636		-	legislative body may adopt, reject, or amend the proposal.
1637		-	The legislative body shall give notice under IC 5-14-1.5-5 of its
1638		-	intention to consider the proposal at that meeting.
1639		-	(2) If the legislative body adopts (as certified) or amends the
1640		-	proposal, it takes effect as other ordinances of the legislative
1641		-	body. If the legislative body rejects the proposal, further
1642		-	consideration of the proposal is prohibited for one (1) year
1643		-	after the date of the proposals's rejection.
1644		-	(f) ADVISORY. This subsection applies if the proposal receives
1645		-	either an unfavorable recommendation or no recommendation
1646		-	from the plan commission:
1647		-	(1) At the first regular meeting of the legislative body after the
1648		-	proposal is certified under section 605 of this chapter (or at
1649		-	any subsequent meeting within the ninety (90) day period), the
1650		-	legislative body may adopt, reject, or amend the proposal.
1651		-	The legislative body shall give notice under IC 5-14-1.5-5 of its
1652		-	intention to consider the proposal at that meeting.
1653		-	(2) If the legislative body adopts (as certified) or amends the
1654		-	proposal, it takes effect as other ordinances of the legislative
1655		-	body. If the legislative body rejects the proposal, further
1656		-	consideration of the proposal is prohibited for one (1) year
1657		-	after the date of the proposals's rejection.".
1658		-	Renumber all SECTIONS consecutively.
1659		-	(Reference is to ESB 425 as printed April 8, 2025.)
1660		-	CULP
1661	1191		ES 425—LS 7492/DI 119