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First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 425
AN ACT to amend the Indiana Code concerning land use planning
and development.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-1-8.2 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
Chapter 8.2. Energy Production Zones
Sec. 1. (a) As used in this chapter, "electric generation facility"
means:
(1) a facility; or
(2) infrastructure associated with a facility;
for the generation of electricity.
(b) The term does not include the following:
(1) A wind power device (as defined in IC 8-1-41-7).
(2) A commercial solar energy system (as defined in
IC 8-1-42-2).
Sec. 2. (a) As used in this chapter, "energy production zone"
means a premise of land on which any of the following was located
as of January 1, 2025:
(1) An electric generation facility with a generating capacity
of at least eighty (80) megawatts, regardless of whether the
electric generation facility is operational.
(2) A surface or underground mine at which mining
operations are no longer occurring.
(b) The term does not include a premise of land on which either
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of the following was located as of January 1, 2025:
(1) One (1) or more wind power devices (as defined in
IC 8-1-41-7) that are integrated into an electric generation
facility.
(2) One (1) or more commercial solar energy systems (as
defined in IC 8-1-42-2).
Sec. 3. As used in this chapter, "local authority" has the
meaning set forth in IC 36-7-4-1109.
Sec. 4. As used in this chapter, "permit" has the meaning set
forth in IC 36-7-4-1109.
Sec. 5. As used in this chapter, "premise of land" means
property comprising a tract of land on which a project owner
proposes to construct an electric generation facility, including land
within the perimeter of the tract of land that was not owned by the
project owner as of January 1, 2025.
Sec. 6. As used in this chapter, "project owner" means a person
that proposes to construct an electric generation facility.
Sec. 7. As used in this chapter, "retail electric service":
(1) means electric service furnished to a customer, including
a residential, commercial, or industrial customer, for
consumption by the customer; and
(2) does not include wholesale electric service.
Sec. 8. As used in this chapter, "unit" has the meaning set forth
in IC 36-1-2-23.
Sec. 9. As used in this chapter, "wholesale electric service"
means provision of electricity to another person for resale,
including in wholesale markets.
Sec. 10. (a) A project owner is not required to obtain a permit,
or any other land use or zoning approval, from a local authority
for the construction of an electric generation facility if:
(1) the commission:
(A) grants the project owner a certificate under
IC 8-1-8.5-2 for the construction; or
(B) declines jurisdiction over the construction under
IC 8-1-2.5-5;
(2) the electric generating facility will be located on a premise
of land that is an energy production zone; and
(3) the project owner complies with subsections (b) and (c).
(b) Not later than two hundred seventy (270) days before
beginning construction to which subsection (a) applies, a project
owner shall provide notice of the construction to the local authority
with planning authority under IC 36-7 for the premise of land on
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which the construction will occur. The notice must include the
following information with regard to the construction and the
electric generation facility to be constructed:
(1) A comprehensive description of the electric generation
facility, including the following:
(A) The planned generation capacity of the electric
generation facility, expressed in megawatts.
(B) The energy source or technology that will be used by
the electric generation facility to generate electricity.
(C) The expected operational lifespan of the electric
generation facility.
(2) The expected date on which the construction will begin.
(3) The expected date on which the electric generation facility
will begin operation.
(4) Whether the electric generation facility will provide retail
electric service, wholesale electric service, or both.
(5) The project owner's plan for eventual decommissioning of
the electric generation facility.
(6) If construction of the electric generation facility will entail
decommissioning an existing electric generation facility that
is located on the premise of land on which the electric
generation facility will be located, the project owner's plan for
decommissioning the existing electric generation facility,
including financial assurances for the decommissioning.
(7) A detailed site plan that includes the location of the
following within or adjacent to the premise of land on which
the electric generation facility will be constructed:
(A) The structures associated with the electric generation
facility.
(B) The:
(i) existing electric generation facility, and any structures
associated with the existing electric generation facility;
or
(ii) surface or underground mine, and any structures
associated with the surface or underground mine;
located on the premise of land on which the electric
generation facility will be located.
(C) Existing and proposed access roads.
(D) Regulated drains or ditches.
(E) Flood plains.
(F) Wetlands.
(G) Historic sites or other areas of cultural or
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environmental significance.
(8) An economic development plan detailing the expected
economic effect of the electric generation facility on the unit
within which the electric generation facility will be located,
including the following:
(A) The anticipated number and types of jobs to be
created:
(i) during the construction of the electric generation
facility; and
(ii) in the operation of the electric generation facility.
(B) The estimated property tax revenue the electric
generation facility will produce for the unit.
(C) An estimate of the overall:
(i) cost to the unit; and
(ii) effect on the unit's revenue;
associated with the electric generation facility.
(9) A safety, security, and emergency response plan describing
measures to ensure:
(A) site security and safety;
(B) coordination with the unit's services; and
(C) safeguarding of the public;
with regard to the construction and operation of the electric
generation facility.
(c) Not later than sixty (60) days after a project owner's
provision of the notice under subsection (b), the project owner shall
hold a public hearing in the unit in which the electric generation
facility will be located, during which the project owner shall:
(1) provide information to the public; and
(2) receive public comment;
regarding the electric generation facility and the construction of
the electric generation facility. The project owner shall publish
notice of the date, time, location, and subject of the public hearing
in accordance with IC 5-3-1-2(b).
(d) After providing notice to a local authority under subsection
(b), a project owner shall notify the local authority regarding any
substantive changes in the information provided by the project
owner under subsection (b) that occur before construction begins
on the electric generation facility to which the notice pertains.
Sec. 11. This chapter may not be construed to increase or
modify the authority of a local authority or a unit to regulate the
siting, construction, or deployment of an electric generation facility
that is not located in an energy production zone.
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SECTION 2. IC 14-11-1-10, AS ADDED BY P.L.191-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. The department shall coordinate with local
governmental agencies (as defined in IC 36-7-4-1109(a)) local
authorities (as defined in IC 36-7-4-1109) for purposes of the permit
process described in IC 36-1-29-16.
SECTION 3. IC 36-1-27-2, AS ADDED BY P.L.3-2019, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 2. As used in this chapter, "permit" has the meaning set
forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
SECTION 4. IC 36-1-29-4, AS ADDED BY P.L.164-2020,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. As used in this chapter, "local governmental
agency" "local authority" has the meaning set forth in
IC 36-7-4-1109(a). IC 36-7-4-1109.
SECTION 5. IC 36-1-29-7, AS ADDED BY P.L.164-2020,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. As used in this chapter, "permit" has the
meaning set forth in IC 36-7-4-1109(b). IC 36-7-4-1109.
SECTION 6. IC 36-1-29-10, AS ADDED BY P.L.164-2020,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) An owner of private property who is
subject to the jurisdiction of a local governmental agency authority in
a county subject to this chapter may:
(1) subject to applicable state laws and administrative rules, local
ordinances, and section 11 of this chapter, in the case of an
emergency, repair an existing seawall or revetment on the owner's
private property; or
(2) subject to applicable state laws and administrative rules, local
ordinances, and section 12 of this chapter, in the case of an
emergency, construct a new seawall or revetment on the owner's
private property;
whichever applies.
(b) For the purposes of this chapter, side seawalls on Lake Michigan
are temporary structures and must be at least eighteen (18) inches from
the private property line.
SECTION 7. IC 36-1-29-14, AS ADDED BY P.L.164-2020,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. Not later than ten (10) business days after a
person submits a completed application for an emergency seawall or
revetment permit and meets all required conditions, a local
governmental agency authority shall:
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(1) approve; or
(2) deny;
the person's application for the emergency permit. If a local
governmental agency authority does not approve or deny the
emergency seawall or revetment permit within ten (10) business days,
the emergency permit is automatically approved and considered issued
to the person.
SECTION 8. IC 36-1-29-15, AS ADDED BY P.L.164-2020,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 15. If a local governmental agency authority
denies the emergency seawall or revetment permit, the local
governmental agency authority shall provide the reasons for the denial
in a single response to the person. A person may submit not more than
one (1) completed reapplication for an emergency seawall or revetment
permit that lists reasons why the local governmental agency authority
should approve the person's emergency permit. Not later than ten (10)
business days after the person submits the completed reapplication, a
local governmental agency authority shall:
(1) approve; or
(2) deny;
the person's reapplication for the emergency permit. If a local
governmental agency authority does not approve or deny the person's
reapplication for the emergency seawall or revetment permit within ten
(10) business days, the emergency permit is automatically approved
and considered issued to the person.
SECTION 9. IC 36-1-29-16, AS AMENDED BY P.L.191-2023,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) This section applies to an application for
a seawall or revetment permit that is not an emergency permit.
(b) Not later than thirty (30) business days after a person submits a
completed application and meets all required conditions for a seawall
or revetment permit, a local governmental agency authority shall:
(1) approve; or
(2) deny;
the person's application for the permit.
(c) If a local governmental agency authority does not approve or
deny the seawall or revetment permit within thirty (30) business days,
the permit is automatically approved and considered issued to the
person.
SECTION 10. IC 36-7-4-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 0.2. Notwithstanding any other law, the amendments
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and additions made to this chapter by SEA 425-2025 shall not be
construed to impair or invalidate a comprehensive plan or zoning
ordinance adopted by a local authority (as defined in section 1109
of this chapter).
SECTION 11. IC 36-7-4-100.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 100.5. As used in this chapter,
"actual construction" means that:
(1) construction materials are being permanently placed; and
(2) construction work is progressing.
SECTION 12. IC 36-7-4-606 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 606. (a)
AREA-METRO. This section applies to a proposal, as described in
section 602(a) of this chapter, to adopt an initial zoning ordinance (or
to adopt a replacement zoning ordinance after repealing the entire
zoning ordinance, including amendments and zone maps) for a
jurisdiction.
(b) AREA-METRO. At the first regular meeting of the legislative
body after the plan commission certifies the proposal under section 605
of this chapter, the legislative body shall either:
(1) adopt, reject, or amend the proposal; or
(2) decide to further consider the proposal, in which case the
proposal may be scheduled for a further hearing at any regular or
special meeting of the legislative body within ninety (90) days
after certification. In any event, the legislative body shall vote on
the proposal within ninety (90) days after the plan commission
certifies the proposal under section 605 of this chapter.
(c) AREA-METRO. If the legislative body proceeds under
subsection (b)(1), it shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting. If the legislative
body proceeds under subsection (b)(2) to schedule a further hearing, it
shall publish a notice of the hearing in accordance with IC 5-3-1,
announce the hearing during a meeting, and enter the announcement in
its memoranda and minutes. The notice and announcement must state:
(1) the date, time, and place of the hearing;
(2) that it pertains to an original zoning ordinance;
(3) that written objections to the proposal filed with the clerk of
the legislative body or with the county auditor at or before the
hearing will be heard; and
(4) that the hearing may be continued from time to time as may be
found necessary.
(d) AREA-METRO. The recommendation of the plan commission
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concerning the proposal must be on file in the commission's office for
public examination for at least ten (10) days before any hearing
scheduled under subsection (b)(2). On completion of the hearing, the
legislative body shall consider the proposal.
(e) AREA-METRO. If the legislative body adopts the proposal, the
ordinance takes effect as other ordinances of the legislative body.
(f) AREA-METRO. If the legislative body fails to act on the
proposal within ninety (90) days after certification, the ordinance takes
effect as if it had been adopted (as certified) ninety (90) days after
certification.
(g) AREA-METRO. If the legislative body rejects or amends the
proposal, it shall be returned to the plan commission for its
consideration, with a written statement of the reasons for the rejection
or amendment. The commission has forty-five (45) days in which to
consider the rejection or amendment and report to the legislative body
as follows:
(1) If the commission approves the amendment or fails to act
within the forty-five (45) day period, the ordinance stands as
passed by the legislative body as of the date of the filing of the
commission's report of approval with the legislative body or the
end of the forty-five (45) day period.
(2) If the commission disapproves the rejection or amendment,
the action of the legislative body on the original rejection or
amendment stands only if confirmed by another vote of the
legislative body within forty-five (45) days after the commission
certifies its disapproval. If the legislative body fails to confirm its
action under this subdivision, then the ordinance takes effect in
the manner provided in subsection (f).
SECTION 13. IC 36-7-4-606.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 606.5. (a) ADVISORY. This
section applies to a proposal, as described in section 602(a) of this
chapter, to adopt an initial zoning ordinance (or to adopt a
replacement zoning ordinance after repealing the entire zoning
ordinance, including amendments and zone maps) for a
jurisdiction.
(b) ADVISORY. At any regular or special meeting of the
legislative body after the plan commission certifies the proposal
under section 605 of this chapter, the legislative body shall adopt,
reject, or amend the proposal.
(c) ADVISORY. The legislative body shall give notice under
IC 5-14-1.5-5 of its intention to consider the proposal at that
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meeting. The notice and announcement must state:
(1) the date, time, and place of the hearing;
(2) that it pertains to an original zoning ordinance;
(3) that written objections to the proposal filed with the clerk
of the legislative body or with the county auditor at or before
the hearing will be heard; and
(4) that the hearing may be continued from time to time as
may be found necessary.
(d) ADVISORY. The recommendation of the plan commission
concerning the proposal must be on file in the commission's office
for public examination for at least ten (10) days before any hearing
scheduled under this section. On completion of the hearing, the
legislative body shall consider the proposal.
(e) ADVISORY. If the legislative body adopts or amends the
proposal, the ordinance takes effect as other ordinances of the
legislative body. If the legislative body rejects the proposal, further
consideration of the proposal is prohibited for one (1) year after
the date of the proposal's rejection.
SECTION 14. IC 36-7-4-607, AS AMENDED BY P.L.167-2022,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 607. (a) AREA-METRO. This section applies to
a proposal, as described in section 602(b) of this chapter, to amend or
partially repeal the text (not zone maps) of the zoning ordinance.
(b) ADVISORY)AREA. AREA. If the proposal is initiated by a
participating legislative body instead of the plan commission, the
proposal must be referred to the commission for consideration and
recommendation before any final action is taken by the legislative
body.
(c) AREA-METRO. On receiving or initiating the proposal, the
commission shall, within sixty (60) days, hold a public hearing in
accordance with section 604 of this chapter. The commission shall vote
on the proposal not later than sixty (60) days after the commission
holds the public hearing. Within ten (10) business days after the
commission determines its recommendation (if any), the commission
shall certify the proposal under section 605 of this chapter.
(d) AREA-METRO. The legislative body shall vote on the proposal
within ninety (90) days after the plan commission certifies the proposal
under section 605 of this chapter.
(e) AREA-METRO. This subsection applies if the proposal
receives a favorable recommendation from the plan commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at any
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subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal. The
legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) the proposal, it
takes effect as other ordinances of the legislative body.
(3) If the legislative body fails to act on the proposal within ninety
(90) days after certification, it takes effect as if it had been
adopted (as certified) ninety (90) days after certification.
(4) If the legislative body rejects or amends the proposal, it shall
be returned to the plan commission for its consideration, with a
written statement of the reasons for the rejection or amendment.
The commission has forty-five (45) days in which to consider the
rejection or amendment and report to the legislative body as
follows:
(A) If the commission approves the amendment or fails to act
within the forty-five (45) day period, the ordinance stands as
passed by the legislative body as of the date of the filing of the
commission's report of approval with the legislative body or
the end of the forty-five (45) day period.
(B) If the commission disapproves the rejection or
amendment, the action of the legislative body on the original
rejection or amendment stands only if confirmed by another
vote of the legislative body within forty-five (45) days after the
commission certifies its disapproval. If the legislative body
fails to confirm its action under this clause, the ordinance
takes effect in the manner provided in subdivision (3).
(f) ADVISORY)AREA. AREA. This subsection applies if the
proposal receives either an unfavorable recommendation or no
recommendation from the plan commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at any
subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal. The
legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) the proposal, it
takes effect as other ordinances of the legislative body.
(3) If the legislative body rejects the proposal or fails to act on it
within ninety (90) days after certification, it is defeated.
(4) If the legislative body amends the proposal, it shall be
returned to the plan commission for its consideration, with a
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written statement of the reasons for the amendment. The
commission has forty-five (45) days in which to consider the
amendment and report to the legislative body as follows:
(A) If the commission approves the amendment or fails to act
within the forty-five (45) day period, the ordinance stands as
passed by the legislative body as of the date of the filing of the
commission's report of approval with the legislative body or
the end of the forty-five (45) day period.
(B) If the commission disapproves the amendment, the action
of the legislative body on the original amendment stands only
if confirmed by another vote of the legislative body within
forty-five (45) days after the commission certifies its
disapproval. If the legislative body fails to confirm its action
under this clause, the ordinance is defeated as provided in
subdivision (3).
SECTION 15. IC 36-7-4-607.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 607.5. (a) ADVISORY. This
section applies to a proposal, as described in section 602(b) of this
chapter, to amend or partially repeal the text (not zone maps) of
the zoning ordinance.
(b) ADVISORY. If the proposal is initiated by a participating
legislative body instead of the plan commission, the proposal must
be referred to the commission for consideration and
recommendation before any final action is taken by the legislative
body.
(c) ADVISORY. On receiving or initiating the proposal, the
commission shall, within sixty (60) days, hold a public hearing in
accordance with section 604 of this chapter. The commission shall
vote on the proposal not later than sixty (60) days after the
commission holds the public hearing. Within ten (10) business days
after the commission determines its recommendation (if any), the
commission shall certify the proposal under section 605 of this
chapter.
(d) ADVISORY. The legislative body shall vote on the proposal
within ninety (90) days after the plan commission certifies the
proposal under section 605 of this chapter.
(e) ADVISORY. This subsection applies as follows if the
proposal receives a favorable recommendation from the plan
commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at
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any subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal.
The legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) or amends the
proposal, it takes effect as other ordinances of the legislative
body. If the legislative body rejects the proposal, further
consideration of the proposal is prohibited for one (1) year
after the date of the proposal's rejection.
(f) ADVISORY. This subsection applies as follows if the
proposal receives either an unfavorable recommendation or no
recommendation from the plan commission:
(1) At the first regular meeting of the legislative body after the
proposal is certified under section 605 of this chapter (or at
any subsequent meeting within the ninety (90) day period), the
legislative body may adopt, reject, or amend the proposal.
The legislative body shall give notice under IC 5-14-1.5-5 of its
intention to consider the proposal at that meeting.
(2) If the legislative body adopts (as certified) or amends the
proposal, it takes effect as other ordinances of the legislative
body. If the legislative body rejects the proposal, further
consideration of the proposal is prohibited for one (1) year
after the date of the proposal's rejection.
SECTION 16. IC 36-7-4-1109, AS AMENDED BY P.L.125-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1109. (a) As used in this section, "applicant"
means a person that applies to a local authority for a permit or
approval.
(b) As used in this section, "development agreement" means a
contract that is entered into between a person and a local authority
regarding the development of property and that is executed after
June 30, 2025.
(c) As used in this section, "development standards" includes
the following:
(1) Project elements including:
(A) permitted uses;
(B) residential densities;
(C) nonresidential densities and intensities;
(D) building sizes;
(E) impact fees, inspection fees, or dedications;
(F) mitigation measures, development conditions, and
other requirements;
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(G) design standards;
(H) affordable housing;
(I) parks and open space preservation;
(J) phasing; and
(K) review procedures and standards for implementing
decisions.
(2) Any other development requirement or procedure.
(d) As used in this section, "legal restrictions" means statutes,
ordinances, rules, development standards, policies, and regulations.
The term does not include building codes under IC 22-13.
(a) (e) As used in this section, "local governmental agency" "local
authority" includes any agency, officer, board, or commission of a
local unit of government that may issue:
(1) a permit; or
(2) an approval:
(A) of a land use; or
(B) an approval for the construction of a development, a
building, or another structure.
(b) (f) As used in this section, "permit" means any of the following:
(1) An improvement location permit.
(2) A building permit.
(3) A certificate of occupancy.
(4) Approval of a site-specific development plan.
(5) Approval of a primary or secondary plat.
(6) Approval of a variance, contingent use, conditional use,
special exception, or special use.
(7) Approval of a planned unit development.
(c) (g) If a person files with the appropriate local authority a
complete application for a permit, as required by the effective
ordinances or rules legal restrictions of a local unit of government or
a local governmental agency for a permit with the appropriate local
governmental agency, authority, the granting of:
(1) the permit; and the granting of
(2) any secondary, additional, or related permits or approvals
required from the same local governmental agency authority with
respect to the general subject matter of the application for the first
permit;
are governed, for a period of at least three (3) years after the date the
person applies for the permit by the statutes, ordinances, rules,
development standards, and regulations in effect and applicable to the
property when the application is filed, even if files a complete permit
application, by the legal restrictions in effect and applicable to the
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property at the time the complete application is filed.
(h) Subsection (g) applies even if the legal restrictions governing
the granting of the permit or approval are changed by the general
assembly or the applicable local legislative body or regulatory
body:
(1) before the issuance of the permit; or
(2) while the permit approval process is pending; or
(3) before the issuance of any secondary, additional, or related
permits or approvals; or
(4) while the secondary, additional, or related permit or approval
process is pending. the statutes, ordinances, rules, development
standards, or regulations governing the granting of the permit or
approval are changed by the general assembly or the applicable
local legislative body or regulatory body,
Subsection (g) applies regardless of whether such changes in the
statutes, ordinances, rules, development standards, or regulations the
changes to the legal restrictions are part of a zoning ordinance, a
subdivision control ordinance, or a statute, ordinance, or regulation that
is based on the general police powers of the local unit of government.
However, this after the issuance or approval of a permit subsection
(g) does not apply if the development or other activity to which the
permit relates is not completed within ten (10) years after the
development or activity is commenced.
(d) (i) Subsection (e) (j) applies if:
(1) either:
(A) a local governmental agency authority issues to a person
a permit or grants a person approval for the construction of a
development, a building, or another structure; or
(B) a permit or approval is not required from the local
governmental agency authority for the construction of the
development, building, or structure;
(2) before beginning the construction of the development,
building, or structure, the person must obtain a permit or approval
for the construction of the development, building, or structure
from a state governmental agency; and
(3) the person has applied for the permit or requested the approval
for the construction of the development, building, or structure
from the state governmental agency within ninety (90) days of
issuance of the permit or the granting of approval by the local
governmental agency. authority, as applicable.
(e) (j) Subject to subsection (f), (l), if the conditions of subsection
(d) (i) are satisfied:
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(1) a permit or approval issued or granted to a person by the local
governmental agency authority for the construction of the
development, building, or structure; or
(2) the person's right to construct the development, building, or
structure without a permit or approval from the local
governmental agency; authority;
is governed, for a period of at least three (3) years after the person
applies to the state governmental agency for the permit, by the
statutes, ordinances, rules, development standards, regulations, and
approvals legal restrictions in effect and applicable to the property
when the person applies for the permit or requests approval from the
state governmental agency for the construction of the development,
building, or structure.
(k) Subsection (j) applies even if the legal restrictions governing
the granting of the permit or approval from the local authority are
changed by the general assembly or the applicable local legislative
body or regulatory body:
(1) before the commencement of the construction; or
(2) while the permit application or approval request is pending
with the state governmental agency. the statutes governing the
granting of the permit or approval from the local governmental
agency are changed by the general assembly or the ordinances,
rules, development standards, or regulations of the local unit of
government or the local governmental agency are changed by the
applicable local legislative body or regulatory body,
Subsection (j) applies regardless of whether such changes in the
statutes, ordinances, rules, development standards, or regulations the
changes to the legal restrictions are part of a zoning ordinance, a
subdivision control ordinance, or a statute, ordinance, or regulation that
is based on the general police powers of the local unit of government.
However, this subsection (j) does not apply if the development or other
activity to which the permit or approval request relates is not completed
within ten (10) years after the development or activity is commenced.
(f) (l) Subsection (d) (j) does not apply to property when it is
demonstrated by the local authority or state governmental agency that
the construction of the development, building, or structure would cause
imminent peril to life or property.
(m) A development agreement entered into by a local authority
must set forth the legal restrictions, including development
standards and any other provisions applying to and governing the
use and development of the real property for the period specified
in the development agreement. A development agreement must:
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(1) reserve authority for the local authority to impose new or
different legal restrictions to the extent required by a serious
threat to public health and safety; and
(2) be consistent with applicable legal restrictions adopted by
the local authority.
(n) Subject to subsection (j), the local authority's legal
restrictions governing the development of the real property at the
time the development agreement is executed govern the
development of the real property for the period specified in the
development agreement.
(o) This section does not authorize the impairment of any vested
right or abrogate any rights vested under common law. Without
limiting the time in which rights might vest, an applicant's rights
are considered vested in land use when the applicant obtains a
permit or reasonably relies on existing law regarding development
of a specific project. Rights considered vested under this subsection
are not affected by a subsequent amendment to a zoning ordinance.
(g) (p) This section does not apply to building codes under
IC 22-13.
(h) (q) The following provision is considered to be included in any
regulation adopted under section 601(d)(2)(B) of this chapter that sets
forth requirements for signs:
"The owner of any sign that is otherwise allowed by this
regulation may substitute noncommercial copy in place of any
other commercial or noncommercial copy. This substitution of
copy may be made without the issuance of any additional permit
by a local government agency. authority. The purpose of this
provision is to prevent any inadvertent favoring of commercial
speech over noncommercial speech, or the favoring of any
particular noncommercial message over any other noncommercial
message. This provision prevails over any more specific provision
in this regulation to the contrary.".
(i) (r) Notwithstanding any other law, a local governmental agency
authority must, not later than twelve (12) business days after a person
has filed a complete application for a permit for which approval is
ministerial under IC 36-7-4-402 or an improvement location permit
issued under the 800 series of this chapter and meets all conditions
required under this chapter and any other statute, issue the permit to the
person.
SECTION 17. IC 36-7-4-1109.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1109.1. (a) As used in this section,
SEA 425 — CC 1
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"extraordinary event" means a circumstance that is:
(1) unforeseen; and
(2) not within the reasonable control of a party, including the
following:
(A) Fire, flood, tornado, or other natural disasters or acts
of God.
(B) War, civil strife, a terrorist attack, or other similar acts
of violence.
(C) Unavailability of materials, equipment, services, or
labor, including unavailability due to ongoing global
supply chain shortages.
(D) Utility or energy shortages or acts or omissions of
public utility providers.
(E) Unexpected or extensive delays in procuring required
permits, zoning, or other approvals necessary to perform
a party's obligations.
(F) Any delay resulting from a pandemic, epidemic, or
other public health emergency or related restrictions.
(G) Litigation or a regulatory proceeding regarding a
development.
(H) Other unforeseen events over which a party has no
control.
The term does not include a party's failure to anticipate normal
and customary delays due to weather.
(b) This section applies if a local authority requires an applicant
to meet certain requirements within a specified time in order to:
(1) obtain a permit; or
(2) maintain a permit.
(c) If an applicant shows that an extraordinary event prevented
the applicant from meeting the requirements described in
subsection (b) within the specified time, the local authority shall
grant the applicant an extension of time to meet the requirements.
At a minimum, the deadline for meeting the requirements must be
extended by the length of the delay that:
(1) was caused by the extraordinary event; and
(2) prevented the applicant from meeting the deadline.
SECTION 18. IC 36-7-4-1109.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1109.2. If:
(1) an applicant applies to a local authority for an extension
of permit conditions under any circumstances; and
(2) the local authority denies the applicant's application for an
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extension;
the local authority shall provide the applicant written
determinations and findings of fact explaining the local authority's
denial of the application for an extension.
SECTION 19. IC 36-7-4-1109.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1109.3. (a) This section applies if:
(1) a zoning ordinance establishes a time within which an
applicant must obtain a permit or commence or complete a
permitted use; and
(2) the local authority's decision to grant the applicant the
permit is appealed.
(b) The time specified in the zoning ordinance for:
(1) commencing a permitted use is tolled to allow the
permitted use to be commenced:
(A) upon the start of actual construction of the use as
approved; and
(B) not later than two (2) years after the date of the final
disposition of all appeals of the permitting authority's
decision; and
(2) completing a permitted use may not begin to run until
actual construction has started.
Any zoning ordinance to the contrary is invalid or unenforceable.
(c) Upon approval of a permit, the approved permitted use
constitutes a lawful use:
(1) while an appeal of the local authority's decision approving
the permit is pending; and
(2) that may not be affected by any subsequently adopted
zoning provisions.
If approval of the permit is upheld on final appeal, the permitted
use shall be allowed to be commenced within the extended two (2)
year period set forth in subsection (b).
SECTION 20. IC 36-7-4-1109.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1109.4. (a) This section does not
apply to the issuance of a design release or a plan review under
IC 22-15.
(b) A local authority shall review a permit application for
completeness. If a local authority determines that an application is
incomplete, the local authority must, not later than thirty (30) days
after receipt of the application, notify the applicant in writing of all
defects in the application. If a local authority fails to notify an
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applicant as required under this subsection, the local authority
shall consider the permit application to be complete.
(c) An applicant that receives a timely written notice that an
application is incomplete under subsection (b) may:
(1) cure the defects in the application; and
(2) resubmit the corrected application to the local authority;
not later than thirty (30) days after receiving the notice. If an
applicant is unable to cure the defects within the thirty (30) day
period, the applicant shall notify the local authority of the
additional time the applicant requires to cure the defects.
(d) Subject to subsection (e), not more than ninety (90) days
after making an initial determination of completeness under
subsection (b), a local authority shall:
(1) review the application to determine if it complies with all
applicable requirements; and
(2) notify the applicant in writing whether the application is
approved or denied.
The local authority shall provide to the applicant the local
authority's written determination and findings of fact.
(e) If an applicant requested additional time under subsection
(c) to cure defects in the application, the ninety (90) day period set
forth in subsection (d) is extended for a corresponding amount of
time.
(f) Any official action on a previously approved permit
application, including an extension of specific conditions set forth
in the permit, must be made not later than sixty (60) days after the
applicant's filing that initiated the official action. The local
authority shall provide to the applicant the local authority's
written determination and findings of fact with respect to the
official action.
SECTION 21. IC 36-7-4-1109.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1109.5. (a) As used in this section,
"project" means a project that involves the siting, construction, or
deployment of facilities, equipment, or infrastructure used in the
generation of electricity by an entity other than any of the
following:
(1) A public utility (as defined in IC 8-1-2-1(a)) that provides
retail electric service to customers in Indiana.
(2) An affiliate of a public utility described in subdivision (1).
(3) A corporation organized under IC 8-1-13, including a
general district corporation within the meaning of
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IC 8-1-13-23.
(4) A corporation organized under IC 23-17 that is an electric
cooperative and that has at least one (1) member that is a
corporation organized under IC 8-1-13.
(5) A joint agency created under IC 8-1-2.2.
(b) After June 30, 2025, a political subdivision or a local
authority may prohibit, by regulation or otherwise, the siting,
construction, installation, permitting, or deployment of one (1) or
more projects within the territorial jurisdiction of the political
subdivision or local authority, for a period of not more than one (1)
year. A prohibition under this subsection may not be extended or
renewed for any length of time, regardless of when the prohibition
first takes effect.
SEA 425 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 425 — CC 1Every fact on this page links to its source, starting with the official bill record.