Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-41-1 Applicability; "wind energy ready community"
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Sec. 1. (a) Except as provided in subsections (b) and (c), and subject to IC 36-7-4-1109 and section 9 of this chapter, the standards set forth in sections 10 through 16 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 16 of this …
Ind. Code § 8-1-41-10 Setback requirements; airport; public use highway, street, or
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road; nonparticipating property; utility transmission or distribution line; undeveloped residential land; state park; corporate boundaries of municipality; blade tip height limitations; waiver of restrictions by nonparticipating party Sec. 10. (a) Subject to subsection (h), and e…
Ind. Code § 8-1-41-11 Shadow flicker; limits with respect to nonparticipating
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property; mitigation efforts; waiver of requirement with consent of nonparticipating property owners Sec. 11. (a) Subject to subsection (c), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate one (1) or more wind power devices in a unit u…
Ind. Code § 8-1-41-12 Signal interference
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Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind power device installed in a unit must be installed in a manner so as to minimize and mitigate impacts to: (1) television signals; (2) microwave signals; (3) agricultural global positioning systems; (4) military defens…
Ind. Code § 8-1-41-13 Sound level limitations; waiver of requirement with consent of
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affected property owners Sec. 13. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device in a unit unless the project owner demonstrates to the permit authority that the wind power device wil…
Ind. Code § 8-1-41-14 "Wind turbine light mitigation technology"; required after
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January 1, 2023; exceptions Sec. 14. (a) As used in this section, "wind turbine light mitigation technology" means any technology used in connection with a wind power device to shield, limit, or otherwise mitigate the amount, intensity, character, or visibility of light emitted f…
Ind. Code § 8-1-41-15 Damage to drainage infrastructure; repair; installation of new
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infrastructure Sec. 15. This section applies with respect to a wind power device that is constructed or installed in a unit after June 30, 2022. Except as otherwise allowed by IC 36-7-4-1109, all damages to waterways, drainage ditches, field tiles, or other drainage related infra…
Ind. Code § 8-1-41-16 Decommissioning and site restoration plan; posting of surety
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bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value Sec. 16. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a p…
Ind. Code § 8-1-41-2 "Dwelling"
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Sec. 2. As used in this chapter, "dwelling" means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-41-3 "Nonparticipating property"
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Sec. 3. (a) As used in this chapter, "nonparticipating property" means a lot or parcel of real property: (1) that is not owned by a project owner; and (2) with respect to which: (A) the project owner does not seek: (i) to install or locate one (1) or more wind power devices or ot…
Ind. Code § 8-1-41-4 "Permit authority"
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Sec. 4. (a) As used in this chapter, "permit authority" means: (1) a unit; or (2) a board, a commission, or any other governing body of a unit; that makes legislative or administrative decisions concerning the permitting, construction, installation, siting, modification, operatio…
Ind. Code § 8-1-41-5 "Project owner"
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Sec. 5. (a) As used in this chapter, "project owner" means a person that: (1) will own one (1) or more wind power devices proposed to be located in a unit; or (2) owns one (1) or more wind power devices located in a unit. (b) The term includes an agent or a representative of a pe…
Ind. Code § 8-1-41-6 "Unit"
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Sec. 6. (a) As used in this chapter, "unit" refers to: (1) a county, if a project owner, as part of a single wind power project or development, seeks to locate one (1) or more wind power devices: (A) entirely within unincorporated areas of the county; (B) within both unincorporat…
Ind. Code § 8-1-41-7 "Wind power device"
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Sec. 7. As used in this chapter, "wind power device" means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity. As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-41-8 "Wind power regulation"
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Sec. 8. As used in this chapter, "wind power regulation" refers to any ordinance or regulation, including any: (1) zoning or land use ordinance or regulation; or (2) general or specific planning ordinance or regulation; that is adopted by a unit and that concerns the permitting, …
Ind. Code § 8-1-41-9 Permit authority responsible for enforcing compliance with
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standards; authority to adopt less restrictive standards or to waive or make less restrictive existing standards; unit's planning and zoning powers not affected Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compli…