Title 36, LOCAL GOVERNMENT

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.5.

Sec. 5. A unit may establish a district for an area that is adversely impacted by at least one (1) effect of military operations, including: (1) noise; (2) dust; (3) accident potential; (4) demolition and vibration; (5) protected airspace; (6) frequency interference; (7) light an…

Sec. 6. The purpose of a district is to: (1) facilitate land use planning within the district to foster development that is: (A) compatible with an installation's military operations; and (B) less sensitive to the particular effect of military operations that negatively impacts t…

Sec. 7. The plan commission shall cooperate with the commander in the preparation of: (1) maps of the proposed district's boundaries, levels and types of adverse impacts, and any other relevant information; and (2) any documented evidence of the existence and degree of negative e…

Sec. 8. The map of the proposed district, if approved by the commander as accurate, may be submitted to the legislative body of the unit for adoption in the ordinance establishing the district. As added by P.L.43-2023, SEC.5.

Sec. 9. The unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to establish a district in accordance with IC 36-7-30.2-20. As added by P.L.43-2023, SEC.5.

Sec. 1. The definitions in IC 5-36-1 apply throughout this chapter. As added by P.L.49-2026, SEC.16.

Sec. 2. A unit may not adopt or enforce an ordinance or other regulation that would have the effect of prohibiting, restricting, or impairing the ability of an individual or business to do any of the following: (1) Operate a node for the purpose of connecting to a blockchain prot…

Sec. 3. A unit may not adopt or enforce an ordinance or other regulation: (1) that prohibits a digital asset mining business that otherwise meets the requirements for operation in an area zoned for industrial use from operating in an area zoned for industrial use; or (2) that: (A…

Sec. 4. A unit may not adopt or enforce an ordinance or other regulation: (1) that prohibits private digital asset mining in a residence located in an area that is zoned for residential use; or (2) that: (A) limits the level of noise generated by private digital asset mining in a…

Sec. 1. This chapter applies only to a military base that is located in more than two (2) counties. As added by P.L.203-2005, SEC.11.

Sec. 10. (a) The nine (9) members of a development authority shall be appointed as follows: (1) Two (2) members shall be appointed by the county executive of Greene County. (2) Two (2) members shall be appointed by the county executive of Lawrence County. (3) Two (2) members shal…

Sec. 11. (a) Each member of a military base development authority shall serve the longer of: (1) three (3) years beginning with the first day of January after the member's appointment; or (2) until the member's successor has been appointed and qualified. If a vacancy occurs, a su…

Sec. 12. (a) The development authority members shall hold a meeting for the purpose of organization not later than thirty (30) days after they are appointed and, after that, each year on the first day in January that is not a Saturday, Sunday, or legal holiday. The members shall …

Sec. 13. A member of a military base development authority may be summarily removed from office at any time by the county executive that appointed the member. As added by P.L.203-2005, SEC.11.

Sec. 14. The development authority shall do the following: (1) Investigate, study, and survey the area surrounding and the real property and structures that are part of the military base. (2) Investigate, study, and determine the means by which military base property may be devel…

Sec. 15. The development authority may do the following: (1) Acquire by purchase, exchange, gift, grant, condemnation, or lease, or any combination of methods, any personal military base property or interest in real military base property or other real or personal property locate…

Sec. 16. (a) The development authority shall adopt a plan for the: (1) rehabilitation; (2) development; (3) redevelopment; and (4) reuse; of military base property to be acquired from the federal government upon the closure or scheduled closure of the military base. (b) In conjun…

Sec. 17. (a) After adoption of a resolution under section 16 of this chapter, the development authority shall submit the resolution and supporting data to the plan commission of an affected unit or other body charged with the duty of developing a general plan for the unit, if the…

Sec. 18. (a) The development authority must conduct a public hearing before amending a resolution or plan for a military base development area. The development authority shall give notice of the hearing in accordance with IC 5-3-1. The notice must do the following: (1) Set forth …

Sec. 19. (a) A person who filed a written remonstrance with the development authority under section 17 or 18 of this chapter and is aggrieved by the final action taken may, not more than ten (10) days after that final action, file in the office of the clerk of an appropriate circ…

Sec. 2. As used in sections 23 and 29 of this chapter, "bonds" means bonds, notes, evidences of indebtedness, or other obligations issued by the development authority in the name of a unit. As added by P.L.203-2005, SEC.11.

Sec. 20. (a) If: (1) an appeal is not taken; or (2) an appeal is taken but is unsuccessful; the development authority shall proceed with the plan to the extent that money is available for that purpose. (b) Negotiations for the purchase of property may be carried on directly by th…

Sec. 21. (a) If the development authority considers it necessary to acquire real property in or serving a development area by the exercise of the power of eminent domain, the development authority shall adopt a resolution setting out its determination to exercise that power and d…

Sec. 22. (a) The development authority may proceed with the clearing and replanning of the area described in the resolution before the acquisition of all of the area. The development authority may also proceed with the repair and maintenance of buildings that have been acquired a…

Sec. 23. (a) In addition to other methods of raising money for property acquisition, redevelopment, reuse, or economic development activities in or directly serving or benefitting a military base development area, and in anticipation of the taxes allocated under section 30 of thi…

Sec. 24. (a) A development authority may enter into a lease of any property that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term of not more than fifty (50) years. The lease may provide for payments to be made by the development aut…

Sec. 25. (a) Any of the following persons may lease facilities referred to in section 24 of this chapter to a development authority under this chapter: (1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana. (2) A partnership, …

Sec. 26. (a) Notwithstanding any other law, the legislative body of a unit may pledge revenues received or to be received by the unit from: (1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6…

Sec. 27. (a) All proceeds from the sale of bonds under section 23 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, reuse, and economic development of the military base developmen…

Sec. 28. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 12 of this chapter on vouchers of the development authority signed by the president or vice pres…

Sec. 29. (a) To finance activities authorized under this chapter, the development authority may apply for and accept advances, short term and long term loans, grants, contributions, and any other form of financial assistance from the federal government, or from any of its agencie…

Sec. 30. (a) The following definitions apply throughout this section: (1) "Allocation area" means that part of a military base development area to which an allocation provision of a declaratory resolution adopted under section 16 of this chapter refers for purposes of distributio…

Sec. 30.3. (a) Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not …

Sec. 31. (a) As used in this section, "depreciable personal property" refers to: (1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and (2) all or any part of the other depreciable property located and taxable on…

to pay taxes for portion of outstanding bonds Sec. 31.5. (a) The development authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established u…

Sec. 33. Notwithstanding any other law, utility services provided within the military base development district are subject to regulation by the appropriate regulatory agencies unless the utility service is provided by a utility that provides utility service solely within the geo…

Sec. 34. (a) As used in this section, the following terms have the meanings set forth in IC 6-1.1-1: (1) Assessed value. (2) Owner. (3) Person. (4) Personal property. (5) Property taxation. (6) Tangible property. (7) Township assessor. (b) As used in this section, "PILOTS" means …

Sec. 35. (a) Notwithstanding any other law, a development authority may: (1) impose conditions on the development of any property in a development area; and (2) require the payment of development fees or other fees by private persons to pay, defray, or mitigate the costs of the c…

Sec. 36. A person who knowingly: (1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or (2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter; commit…

Sec. 37. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by: (1) a resolution establishing an allocation provision under section 30 of this chapter that is adopted and approved under sections 16 through 18 of this chap…

Sec. 4. As used in this chapter, "development authority" means a military base development authority established under section 8 of this chapter. As added by P.L.203-2005, SEC.11.

Sec. 5. As used in this chapter, "military base" means a United States government military base or other military installation that is: (1) scheduled for closing or realignment; or (2) completely or partially inactive or closed. As added by P.L.203-2005, SEC.11.

Sec. 6. As used in this chapter, "military base property" means real and personal property that is currently or was formerly part of a military base and is subject to development or reuse. As added by P.L.203-2005, SEC.11.

Sec. 6.5. As used in this chapter, "task force" refers to the Indiana defense task force established by IC 4-3-21.5-3. As added by P.L.228-2019, SEC.6.

Sec. 7. (a) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse of military bases and military base property are public and governmental functions that cannot be accomplished through the ordinary operations of priva…