Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-32.3-1 "Antenna"
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Sec. 1. As used in this chapter, "antenna" means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service. As added by P.L.145-2015, SEC.3. IC 8-1-32.3-2 "Base station" Sec. 2. As used in this c…
Ind. Code § 8-1-32.3-10 "Small cell network"
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Sec. 10. As used in this chapter, "small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service. As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-11 "Substantial modification of a wireless support structure"
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Sec. 11. (a) As used in this chapter, "substantial modification of a wireless support structure" means the mounting of a wireless facility on a wireless support structure in a manner that: (1) increases the height of the wireless support structure by the greater of: (A) ten perce…
Ind. Code § 8-1-32.3-12 "Utility pole"
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Sec. 12. As used in this chapter, "utility pole" means a structure that is: (1) owned or operated by: (A) a public utility; (B) a communications service provider; (C) a municipality; (D) an electric membership corporation; or (E) a rural electric cooperative; and (2) designed or …
Ind. Code § 8-1-32.3-12.5 "Wireless communications service"
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Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum. As added by P.L.261-2017, SEC.5.
Ind. Code § 8-1-32.3-13 "Wireless facility"
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Sec. 13. As used in this chapter, "wireless facility" means the set of equipment and network components that are: (1) owned and operated by a communications service provider; and (2) necessary to provide wireless communications service. The term does not include a wireless suppor…
Ind. Code § 8-1-32.3-14 "Wireless support structure"
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Sec. 14. (a) As used in this chapter, "wireless support structure" means a freestanding structure that is: (1) designed to support; or (2) capable of supporting; wireless facilities. (b) The term does not include a utility pole or an electrical transmission tower. As added by P.L…
Ind. Code § 8-1-32.3-15 Permits; exemptions; areas designated for underground or
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buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and be…
Ind. Code § 8-1-32.3-16 Application fees; prohibited unless required for similar types
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of development; limitations Sec. 16. (a) A permit authority may not require an applicant to pay a fee associated with the submission, review, processing, or approval of an application for a permit unless the permit authority requires payment of the same or a similar fee for appli…
Ind. Code § 8-1-32.3-17 Discrimination among providers or utilities prohibited; limits
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on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited Sec. 17. (a) A permit authority may not discriminate among communications service providers or public utilities with respect to the following: (1) Approving applications,…
Ind. Code § 8-1-32.3-18 Zoning, land use, planning, and permitting authority not
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affected; land use laws and ordinances apply Sec. 18. This chapter does not: (1) affect the ability of a permit authority to exercise zoning, land use, planning, or permitting authority otherwise allowed under law, including IC 36-7, with respect to the siting of new wireless sup…
Ind. Code § 8-1-32.3-19 Eligible applicants; application requirements
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Sec. 19. (a) The following may apply for a permit under this chapter on a form and in the manner prescribed by the appropriate permit authority: (1) A person that provides wireless communications service. (2) A person that owns or otherwise makes available infrastructure required…
Ind. Code § 8-1-32.3-20 Application to construct new wireless support structure;
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requirements; review for completeness; notification of approval or denial; additional time for review Sec. 20. (a) An application for a permit to construct a new wireless support structure must include only the following: (1) All information required by section 19 of this chapter…
Ind. Code § 8-1-32.3-21 Application for substantial modification of wireless support
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structure; requirements; review for completeness; notification of approval or denial; additional time for review Sec. 21. (a) An application for a permit for substantial modification of a wireless support structure must include only the following: (1) All information required by …
Ind. Code § 8-1-32.3-22 Application for collocation; requirements; conformance with
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building permit requirements; consolidated application; review for completeness; notification of approval or denial; additional time for review Sec. 22. (a) An application for a permit for collocation must include only the following: (1) All information required by section 19 of …
Ind. Code § 8-1-32.3-23 Written notice of approval or denial; basis for decision;
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application considered approved upon authority's failure to act Sec. 23. (a) In a written notice issued under section 20, 21, or 22 of this chapter, a permit authority shall state clearly the basis for its decision to approve or deny an application. If the permit authority denies…
Ind. Code § 8-1-32.3-25 Utility poles and electrical transmission towers; requirements
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and regulations prohibited Sec. 25. A permit authority may not require or regulate the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers. As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-26 Small cell facilities; exemption for placement in right-of-way;
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small cell networks; application fees; permit authority's proposed alternative location; procedures and time for review; prohibited acts by permit authority; safety regulations for use of public right-of-way; utility poles owned or controlled by governmental unit Sec. 26. (a) An …
Ind. Code § 8-1-32.3-27 Collocation on privately owned utility poles, wireless support
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structures, or property; owner's consent; utility poles and wireless support structures owned, controlled, or operated by public utility Sec. 27. (a) This chapter does not authorize the collocation of small cell facilities on any: (1) privately owned utility pole; (2) privately o…
Ind. Code § 8-1-32.3-3 "Business day"
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Sec. 3. As used in this chapter, "business day" means a day other than a Saturday, a Sunday, or a legal holiday (as defined in IC 1-1-9-1). As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-4 "Collocation"
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Sec. 4. As used in this chapter, "collocation" means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the place…
Ind. Code § 8-1-32.3-4.2 "Communications service provider"
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Sec. 4.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-2.6-13. As added by P.L.261-2017, SEC.1.
Ind. Code § 8-1-32.3-5 "Electrical transmission tower"
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Sec. 5. As used in this chapter, "electrical transmission tower" means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole. As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-6 "Equipment compound"
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Sec. 6. As used in this chapter, "equipment compound" means the area that: (1) surrounds or is near the base of a wireless support structure; and (2) encloses wireless facilities. As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-7 "Existing structure"
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Sec. 7. As used in this chapter, "existing structure" does not include a utility pole or an electrical transmission tower. As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-32.3-7.5 "Micro wireless facility"
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Sec. 7.5. As used in this chapter, "micro wireless facility" means a small cell facility to which both of the following apply: (1) The small cell facility is not larger in dimension than: (A) twenty-four (24) inches in length; (B) fifteen (15) inches in width; and (C) twelve (12)…
Ind. Code § 8-1-32.3-8 "Permit authority"
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Sec. 8. As used in this chapter, "permit authority" means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support st…
Ind. Code § 8-1-32.3-9 "Small cell facility"
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Sec. 9. (a) As used in this chapter, "small cell facility" means: (1) a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or (2) a wireless facility that satisfies the following requirements: (A) Each anten…