Indiana § 16-41-27-32 - "Regulation"; licensing and regulation by local authorities prohibited; exceptions; regulations based on age or size void and unenforceable after March 14, 2022

§ 16-41-27-32. "Regulation"; licensing and regulation by local authorities prohibited; exceptions; regulations based on age or size void and unenforceable after March 14, 2022

Sec. 32. (a) As used in this section, "regulation" refers to any:

(1) ordinance, including any:

(A) zoning or land use ordinance; or

(B) general or specific planning ordinance;

(2) regulation, including any:

(A) zoning or land use regulation; or

(B) general or specific planning regulation;

(3) requirement; or

(4) restriction;

that is adopted or imposed by a unit (as defined in IC 36-1-2-23).

(b) A governmental body other than the state department may not license or regulate mobile home communities, except for the following:

(1) Local boards may enforce the standards of health and sanitation prescribed for mobile homes, manufactured homes, industrialized residential structures, and mobile home communities by the state department.

(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and subsections (d) and (f), county and municipal authorities within their respective jurisdictions have jurisdiction regarding zoning and building codes and ordinances pertaining to mobile home communities.

(3) Local boards may regulate the construction and operation of groups of a combined total of not more than four (4) mobile homes, manufactured homes, and industrialized residential structures in accordance with standards that are compatible with standards set by the state department for mobile home communities.

(c) A governmental body other than the state department may not regulate mobile homes, manufactured homes, or industrialized residential structures regarding habitability or minimum housing conditions unless the regulation is applicable in the same manner to other forms of residential housing in the jurisdiction.

(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a governmental body may not regulate or restrict, by regulation or otherwise, the installation, continued residential use, occupancy, movement, renovation, relocation, or replacement of a mobile home, a manufactured home, or an industrialized residential structure within a mobile home community based upon the age or size of the mobile home, manufactured home, or industrialized residential structure or other private property based upon the age of the mobile home, manufactured home, or industrialized residential structure regardless of whether:

(1) the mobile home, manufactured home, or industrialized residential structure;

(2) the lot or site, or any part of the lot or site, on which the mobile home, manufactured home, or industrialized residential structure is located or installed, or will be located or installed; or

(3) the mobile home community or other private property, in whole or in part, in which the mobile home, manufactured home, or industrialized residential structure is located or installed, or will be located or installed;

constitutes a conforming structure or use, or a legal, nonconforming structure or use. Any mobile home, manufactured home, or industrialized residential structure on private property, which constitutes a legal, nonconforming use, may not be replaced with a mobile home, manufactured home, or industrialized residential structure that is older or smaller than the legal, nonconforming structure being replaced.

(e) A government body may not regulate or restrict the ability of a:

(1) mobile home community:

(A) owner; or

(B) manager; or

(2) manufactured home community:

(A) owner; or

(B) manager;

to obtain a dealer's license or to sell a mobile home, manufactured home, or industrialized residential structure located within the owner's or manager's mobile home community or manufactured housing community.

(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after March 14, 2022:

(1) a unit may not:

(A) adopt or impose a regulation that violates, or that includes a provision that violates, subsection (d);

(B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (d), regardless of when the regulation was originally adopted or imposed; or

(C) enforce a provision in a regulation adopted or imposed by the unit if the provision violates subsection (d), regardless of when the regulation or provision was originally adopted or imposed; and

(2) any provision that:

(A) is included in a regulation adopted or imposed by a unit; and

(B) violates subsection (d);

is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.

[Pre-1993 Recodification Citation: 13-1-7-38.]

As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.28; P.L.136-2017, SEC.3; P.L.168-2020, SEC.14; P.L.53-2022, SEC.1; P.L.56-2023, SEC.162; P.L.137-2023, SEC.1; P.L.155-2024, SEC.1.