Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-42-1 Applicability; "solar 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 20 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 20 of this …
Ind. Code § 8-1-42-10 Setback requirements; highways, collector roads, and local
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roads; nonparticipating properties; landscape buffer; height restriction; waiver of setback and buffer requirements with consent of nonparticipating property owner Sec. 10. (a) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not i…
Ind. Code § 8-1-42-11 Ground cover; vegetation plan
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Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, the project owner shall plant, establish, and maintain for the life of the CSE system perennial vegetated ground cover on the ground around and under solar panels, and in p…
Ind. Code § 8-1-42-12 Fencing
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Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, the project owner shall completely enclose the CSE system with fencing that is at least six (6) feet high. As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-42-13 Underground cables; aboveground infrastructure; depth of
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buried cables; cables and lines outside of project site Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, all cables of up to thirty-four and one-half (34.5) kilovolts that are located between inverter locations and projec…
Ind. Code § 8-1-42-14 Glare minimization; adjacent properties and roadways;
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vehicular traffic Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE system installed by a project owner must be designed and constructed to: (1) minimize glare on adjacent properties and roadways; and (2) not interfere with vehicular traffic, including air traffic. As…
Ind. Code § 8-1-42-15 Signal interference
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Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE system 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 defense radar…
Ind. Code § 8-1-42-16 Sound level limitations; waiver of requirement with consent of
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owners of adjacent nonparticipating properties Sec. 16. (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 CSE system in a unit unless the project owner demonstrates to the permit authority that the CSE sy…
Ind. Code § 8-1-42-18 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; project owner's notice of intent to decommission CSE system; ground restoration; project owne…
Ind. Code § 8-1-42-19 CSE system's failure to generate electricity; presumed
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abandonment; required removal of project assets; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs Sec. 19. (a) If a CSE system installed in a unit does not generate electricity for eighteen (18) consecutive months: (1) the CSE sys…
Ind. Code § 8-1-42-2 "Commercial solar energy system"
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Sec. 2. (a) As used in this chapter, "commercial solar energy system", or "CSE system", means a system that: (1) has a nameplate capacity of at least ten (10) megawatts; and (2) captures and converts solar energy into electricity: (A) for the purpose of selling the electricity at…
Ind. Code § 8-1-42-20 "Force majeure event"; cessation of electricity generation;
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project owner's notice to permit authority; failure to resume operations; presumed abandonment; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs Sec. 20. (a) As used in this section, "force majeure event" includes the following: (…
Ind. Code § 8-1-42-3 "Commercial solar regulation"
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Sec. 3. As used in this chapter, "commercial solar 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 permit…
Ind. Code § 8-1-42-4 "Dwelling"
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Sec. 4. 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.2.
Ind. Code § 8-1-42-5 "Nonparticipating property"
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Sec. 5. (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 CSE systems or other fac…
Ind. Code § 8-1-42-6 "Permit authority"
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Sec. 6. (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 § 8-1-42-7 "Project owner"
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Sec. 7. (a) As used in this chapter, "project owner" means a person that: (1) will own one (1) or more CSE systems proposed to be located in a unit; or (2) owns one (1) or more CSE systems located in a unit. (b) The term includes an agent or a representative of a person described…
Ind. Code § 8-1-42-8 "Unit"
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Sec. 8. (a) As used in this chapter, "unit" refers to: (1) a county, if a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems: (A) entirely within unincorporated areas of the county; (B) within both unincorporated area…
Ind. Code § 8-1-42-9 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…