Local regulation., the official text

Second Regular Session of the 124th General Assembly (2026)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1150

   AN ACT to amend the Indiana Code concerning local government.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 32-21-13.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:

   Chapter 13.5. Display of the Flag of the United States or the
Indiana State Flag on Property Subject to Regulation by a
Property Owners Association

   Sec. 1. This chapter applies to all governing documents
established, adopted, enacted, or enforced before, on, or after July
1, 2026.

   Sec. 2. As used in this chapter, "front yard" means a yard
within a parcel of real property that has a front building setback
line of at least fifteen (15) feet that extends the full width of the
parcel between the front lot line and the front building setback line.

   Sec. 3. (a) As used in this chapter, "governing document" means
each document governing the establishment, maintenance, or
operation of a property owners association.

   (b) The term includes documents that subject real property to:
      (1) restrictive covenants or similar instruments governing the
      administration or operation of a property owners association;
      (2) properly adopted bylaws, rules, and regulations of a
      property owners association; and
      (3) all lawful amendments to covenants, bylaws, rules, or

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      regulations of a property owners association.
   Sec. 4. As used in this chapter, "property owners association"
means an incorporated or unincorporated:

      (1) homeowners association;
      (2) condominium association;
      (3) cooperative association;
      (4) residential subdivision association; or
      (5) similar property owners association;
owned by or whose members consist primarily of the owners of the
property covered by a governing document and through which the
owners, or a board of directors or similar governing body, manage
or regulate the property owners association.
   Sec. 5. Except as provided in section 6 of this chapter, a
property owners association may not adopt or enforce a governing
document provision that prohibits or restricts, or has the effect of
prohibiting or restricting, a member of the property owners
association from displaying the:
      (1) flag of the United States, including displaying the flag of
      the United States from a flagpole; or
      (2) state flag described in IC 1-2-2-1, including displaying the
      state flag from a flagpole.
   Sec. 6. A property owners association may adopt or enforce
reasonable governing document provisions that do any of the
following:
      (1) Require:

         (A) that the flag of the United States must be displayed in
         accordance with:

            (i) 4 U.S.C. 5 through 4 U.S.C. 10; and
            (ii) the federal Freedom to Display the American Flag
            Act of 2005 (120 Stat. 572);
         (B) that a flagpole attached to a dwelling or a freestanding
         flagpole:
            (i) must be constructed of permanent, durable materials;
            and
            (ii) must have a finish appropriate to the materials used
            in the construction of the flagpole and harmonious with
            the dwelling;
         (C) that the display of a flag, or the location and
         construction of the supporting flagpole, must comply with
         applicable zoning ordinances, easements, and setbacks of
         record; and
         (D) that:

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            (i) a displayed flag and the flagpole on which it is flown
            must be maintained in good condition; and
            (ii) any deteriorated flag or deteriorated or structurally
            unsafe flagpole must be repaired, replaced, or removed.
      (2) Regulate the size, number, and location of flagpoles on
      which flags are displayed, except that the regulation may not
      prevent the installation of at least one (1) flagpole per
      property that:
         (A) is:
            (i) located in the front yard of the property;
            (ii) not more than twenty (20) feet in height; and
            (iii) subject to applicable zoning ordinances, easements,
            and setbacks of record; or
         (B) is attached to any part of a residential structure:
            (i) owned by the member; and
            (ii) not maintained by the property owners association.
      (3) Govern the size of a displayed flag.
      (4) Regulate the:
         (A) size;
         (B) location; and
         (C) intensity;
      of any lights used to illuminate a displayed flag.
      (5) Impose reasonable restrictions to abate noise caused by an
      external halyard of a flagpole.
      (6) Prohibit a member from locating a displayed flag or
      flagpole on property that is:
         (A) owned or maintained by the property owners
         association; or
         (B) owned in common by the members of the property
         owners association.
   SECTION 2. IC 32-25.5-3.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 3.6. Homeowners Association Restrictions on Outdoor
Equipment
   Sec. 0.5. This chapter applies to all governing documents
established, adopted, enacted, or enforced before, on, or after July
1, 2026.
   Sec. 1. As used in this chapter, "motor vehicle" means a vehicle
that is:
      (1) self-propelled;
      (2) designed for transporting people or property on a street or

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      highway; and
      (3) certified by the vehicle's maker under all applicable
      federal safety and emissions standards and requirements for
      distribution and sale in the United States.
   Sec. 2. As used in this chapter, "outdoor equipment" has the
meaning set forth in IC 36-1-3-1.8.
   Sec. 3. A homeowners association's governing documents may
not include a covenant, policy, or similar measure that:
      (1) prohibits or restricts the use of a motor vehicle or outdoor
      equipment;
      (2) distinguishes:

         (A) between types of motor vehicles; or
         (B) between types of outdoor equipment; or
      (3) results in:
         (A) differing standards for different types of motor
         vehicles; or
         (B) differing standards for different types of outdoor
         equipment;
based on the fuel source that powers the motor vehicle or outdoor
equipment.
   SECTION 3. IC 32-25.5-3.8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 3.8. Homeowners Association Use of Automated
License Plate Readers
   Sec. 1. This chapter applies to a homeowners association
established before, on, or after July 1, 2026.
   Sec. 2. "Automated license plate reader" means a camera
designed to automatically capture an image of a vehicle's license
plate and convert the image into computer readable data to permit
comparison of the license plate number of the captured image with
license plate numbers contained in one (1) or more databases. The
term does not include a security camera that may incidentally
capture the image of a license plate.
   Sec. 3. A homeowners association may not install, maintain, or
operate an automated license plate reader.
   Sec. 4. A homeowners association may not permit the
installation, maintenance, or operation of an automated license
plate reader on the property of the homeowners association unless:
      (1) the automated license plate reader is installed by or on
      behalf of a law enforcement agency;
      (2) only a law enforcement agency has access to the data and

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      images captured by the automated license plate reader; and
      (3) the homeowners association does not have access to the
      images or data captured by the automated license plate
      reader.
   SECTION 4. IC 36-1-3-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 1.6. As used in this chapter, "machine" includes
outdoor equipment.
   SECTION 5. IC 36-1-3-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 1.8. As used in this chapter, "outdoor equipment"
means a mechanical device that:
      (1) is powered by a motor;
      (2) is designed to be used outdoors for the purpose of
      facilitating or assisting in the performance of tasks associated
      with:

         (A) home or lawn maintenance; or
         (B) construction; and
      (3) if self-propelled, is not permitted under IC 9 to be driven
      or operated on an interstate highway.
The term includes lawn mowers, powered lawn trimmers, and leaf
blowers.
   SECTION 6. IC 36-1-3-8.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.7. (a) As used in this section, "unit"
means a county or a municipality.
   (b) As used in this section, "utility" means a utility, however
organized, that provides utility service to customers in Indiana.
The term includes a utility that is owned, operated, or held in trust
by a consolidated city.
   (c) As used in this section, "utility service" means:
      (1) electric;
      (2) natural gas;
      (3) water; or
      (4) wastewater;
service that is provided at retail.
   (d) As used in this section, "utility usage data ordinance":
      (1) means an ordinance that is adopted by a unit and that
      requires:
         (A) the owner or tenant of a building; or
         (B) a utility providing utility service to a building;
      to report to the unit, or to any other party, whether directly

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      or indirectly, data on the utility service used or consumed at
      a building during a specified reporting period; and
      (2) does not include an ordinance that authorizes or facilitates
      the voluntary reporting of data described in subdivision (1)
      by:

         (A) the owner or tenant of a building; or
         (B) a utility providing utility service to a building.
   (e) After March 15, 2026, a unit may not adopt or enforce a
utility usage data ordinance.
   SECTION 7. IC 36-1-3-13, AS ADDED BY P.L.180-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) Unless required under IC 36-7-2-9, a unit
does not have the power to do the following:
      (1) Require that a particular component, design, or type of
      material be used in the construction of a building or other
      structure because of the energy saving or energy producing
      qualities of the component, design, or material.
      (2) Prohibit the use of a particular component, design, or type of
      material in the construction of a building or other structure
      because the component, design, or material does not meet a
      standard for energy saving.
      (3) Require that a building or other structure be retrofitted with a
      particular device or type of material because of the energy saving
      or energy producing qualities of the device or material.
      (4) Adopt an ordinance, order, regulation, resolution, policy,
      or similar measure that:
         (A) Prohibit prohibits or restrict restricts the purchase or use
         of vehicles or other machines other than vehicles;
         (B) distinguishes:

            (i) between types of vehicles; or
            (ii) between types of machines other than vehicles; or
         (C) results in:
            (i) differing regulatory standards for different types of
            vehicles; or
            (ii) differing regulatory standards for different types of
            machines other than vehicles;
      based upon the type of energy that powers the vehicle or machine.
      (5) Prohibit the sale, installation, or use of any of the following:
         (A) Natural gas powered home heating equipment.
         (B) Natural gas powered home appliances.
         (C) Grills, stoves, and other food preparation appliances
         designed to be used outdoors.

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         (D) Natural gas powered:
            (i) heating appliances; and
            (ii) torches, lamps, and other decorative features;

         designed to be used outdoors.
      (6) Enact an ordinance, adopt a resolution, or enforce an
      ordinance or resolution that purports to exercise a power denied
      by subdivisions (1) through (5).
   (b) This section does not apply to requirements included in
procurement documents used to procure goods and services, including
the construction or design of buildings, to be owned or used by the unit.
A unit may adopt bid specifications for a public works project that
include energy savings or energy production provisions with respect to
the components, design, or materials for the specific project.
   SECTION 8. IC 36-7-4-201.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 201.2. (a) This section applies to
a political subdivision with local planning and zoning powers that:
      (1) is located within five (5) miles of the end of a runway of a
      publicly owned, public use airport that is classified as a
      primary, national, or regional airport by the Federal Aviation
      Administration, as shown on the airport's Federal Aviation
      Administration accepted airport master plan or airport
      layout plan; and
      (2) has not adopted an airspace overlay zoning ordinance that
      complies with the requirements of subsection (c).
   (b) Not later than July 1, 2028, the administration of the
publicly owned, public use airport must provide the political
subdivision with a draft airspace overlay zoning ordinance.
   (c) Not later than one (1) year after the political subdivision
receives the draft airspace overlay zoning ordinance required
under subsection (b), the political subdivision shall adopt an
airspace overlay zoning ordinance that:
      (1) provides for compatible land use with respect to airport
      flight activities as specified in Federal Aviation
      Administration Advisory Circular 150/5190-4B; and
      (2) is consistent with the requirements of IC 8-21-10-3 and 14
      CFR 77 to address airspace protection.
   SECTION 9. An emergency is declared for this act.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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