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Indiana Statutes, Title 36

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Indiana/Statutes

← All Indiana coverage

Title 36, LOCAL GOVERNMENT

360 chapters · 5,892 sections in this title.

All chapters in Title 365,892 Ch 4, General Corporate Powers584 Ch 3, Home Rule293 Ch 2, Definitions of General Applicability231 Ch 11, Disposal of Real or Personal Property204 Ch 1, Legislative Intent194 Ch 6, Enforcement of Ordinance174 Ch 8, Miscellaneous Fiscal and Administrat…160 Ch 10, Leasing and Lease-Purchasing Structures160 Ch 7, Interlocal Cooperation158 Ch 12, Public Work Projects149 Ch 27, Building Permit Conflict of Interest146 Ch 13, Cost Saving Incentive Programs139 Ch 9, Marion County Capital Improvement Board133 Ch 14, Donations130

21 sections·Filtered byTitle 36✕Ch 30.2✕

Ind. Code § 36-7-30.2-1 Application
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Sec. 1. This chapter applies only to a unit that exercises planning or zoning jurisdiction over land within a state area of interest. As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-10 Notice to commander; response by commander
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Sec. 10. (a) Before approving or funding a land use activity within a state area of interest, the unit must provide the commander with notice and an opportunity to review the proposed land use activity to determine if the proposal adversely impacts the installation's military ope…
Ind. Code § 36-7-30.2-11 Service
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Sec. 11. The notice under section 10 of this chapter shall be delivered to the commander by: (1) certified mail that includes return receipt; or (2) any other means of delivery, including delivery in an electronic format that provides for verification or acknowledgment of receipt…
Ind. Code § 36-7-30.2-12 Determination; alternative for mitigation
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Sec. 12. (a) The commander's determination that a land use activity adversely impacts the installation's military operations must be based upon the following findings: (1) The land use activity is likely to interfere with current or planned military operations. The commander must…

Ind. Code § 36-7-30.2-13 Requirements for approval after commander's determination

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Sec. 13. The unit may approve or fund a land use activity after a determination under section 12 of this chapter that the activity adversely affects the installation's military operations if the unit: (1) mitigates the adverse impact of the land use activity in the manner agreed …

Ind. Code § 36-7-30.2-14 Notice of public hearing

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Sec. 14. A unit shall provide written notice to the commander of any public hearing conducted by the unit relating to a land use activity not less than twenty (20) days before the date of the hearing. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-15 Lessor; duty to disclose

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Sec. 15. A lessor of real property must disclose in a lease that the property is located within a state area of interest as provided in IC 32-31-1-21.1. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-16 Owner; duty to disclose

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Sec. 16. An owner of real property must disclose in a real estate disclosure form that the property is located within a state area of interest as provided in IC 32-21-5-7. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-17 Mediation

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Sec. 17. The unit may use mediation or other conflict resolution processes to resolve an adverse impact determination with the commander. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-18 Nonvoting advisers

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Sec. 18. (a) The unit shall notify a commander that the commander may recommend a civilian or military representative of the installation in mission sustainment activities to serve as a nonvoting adviser to the plan commission. (b) The notice must inform the commander that a nonv…

Ind. Code § 36-7-30.2-19 Duties of legislative body

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Sec. 19. (a) The legislative body of the unit must adopt a resolution that: (1) acknowledges the requirements of this chapter; and (2) designates an employee of the unit to serve as staff liaison between the unit and the installation for purposes of coordinating the unit's land u…

Ind. Code § 36-7-30.2-2 "Commander"

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Sec. 2. As used in this chapter, "commander" means the commander of an installation or the commander's designee. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-20 Comprehensive plan

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Sec. 20. (a) Except as provided in section 21 of this chapter, a unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to implement this chapter and IC 36-7-30.3. (b) Except as provided in section 21 of t…

Ind. Code § 36-7-30.2-21 Zoning; exemption

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Sec. 21. (a) This chapter and IC 36-7-30.3: (1) do not affect a municipality's zoning overlay for a military installation that was adopted in coordination with the military installation's commander before January 1, 2023; and (2) except as provided in subsection (c), do not requi…

Ind. Code § 36-7-30.2-3 "District"

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Sec. 3. As used in this chapter, "district" means a military impact zoning district established under IC 36-7-30.3. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-4 "Installation"

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Sec. 4. As used in this chapter, "installation" means the following military installations: (1) Naval Support Activity Crane. (2) Lake Glendora Test Facility. (3) Grissom Air Reserve Base. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-5 "Land use activity"

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Sec. 5. As used in this chapter, "land use activity" means any of the following: (1) Land development or redevelopment, including requests for tax abatement. (2) Changes in land use, including zone map amendments, special exceptions and uses, and variances. (3) Division and subdi…

Ind. Code § 36-7-30.2-6 "State area of interest"

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Sec. 6. As used in this chapter, "state area of interest" means an area comprised of land located: (1) not more than three (3) miles from an installation; (2) within a district established under IC 36-7-30.3; or (3) within territory described in both subdivisions (1) and (2). As …

Ind. Code § 36-7-30.2-7 "Unit"

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Sec. 7. As used in this chapter, "unit" means a county, city, or town. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-8 Restriction on a unit approving a land use activity in a state area of interest

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Sec. 8. A unit may not approve or fund a land use activity within a state area of interest without complying with this chapter. As added by P.L.43-2023, SEC.4.

Ind. Code § 36-7-30.2-9 State area of interest described

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Sec. 9. A state area of interest is an area: (1) of importance to national security and the state's economy; (2) in which some land uses and development may: (A) adversely impact an installation's ability to conduct military operations; and (B) be more sensitive to and adversely …