Indiana § 36-7-2-14 - Adoption or enforcement of an ordinance or resolution; slope

§ 36-7-2-14. Adoption or enforcement of an ordinance or resolution; slope

Sec. 14. (a) This section does not apply to development on a site that is located within an area that:

(1) the department of natural resources has determined to be the watershed area of a reservoir; and

(2) is a source of drinking water for a municipality.

(b) As used in this section, "development" means an improvement of any kind on land, including:

(1) residential dwellings;

(2) commercial buildings;

(3) accessory structures;

(4) driveways; and

(5) utilities.

(c) A unit may not adopt or enforce an ordinance or resolution that prohibits or has the effect of prohibiting development exclusively on the basis of slope, if the predevelopment slope of the site is less than twenty-five percent (25%).

As added by P.L.52-2024, SEC.1.

IC 36-7-2.3Chapter 2.3. Limits on Building and Construction Related Fees

36-7-2.3-1Applicability 36-7-2.3-2"Applicant" 36-7-2.3-3Fee limit

IC 36-7-2.3-1Applicability Sec. 1. This chapter applies to a fee imposed by a unit for approval of an application related to:

(1) construction or reconstruction of:

(A) residential buildings;

(B) commercial buildings;

(C) industrial buildings;

(D) any other building or building space; or

(E) an appurtenance to a building described in clauses (A) through (D); or

(2) zoning, development, subdivision, classification, or reclassification of land;

including a fee designated as a permit fee (including a fee for a permit under IC 36-7-4-1109(f)), application fee, inspection fee, processing fee, or by another name.

As added by P.L.73-2026, SEC.17.

IC 36-7-2.3-2"Applicant" Sec. 2. As used in this chapter, "applicant" means a person who submits an application that requires a fee described in section 1 of this chapter.

As added by P.L.73-2026, SEC.17.

IC 36-7-2.3-3Fee limit Sec. 3. After December 31, 2026:

(1) Unless otherwise provided by law and subject to subdivision (2), a unit may not assess a fee in an amount that is more than is reasonably necessary to cover the applicable cost to the unit to:

(A) process an application;

(B) inspect and review an applicant's plans; or

(C) prepare detailed statements for an applicant.

(2) Except as otherwise provided in this subdivision, any fee, including a fee adopted before January 1, 2027, may be increased:

(A) once every five (5) years; and

(B) by an amount not to exceed the combined annual percentage change in the Consumer Price Index for all Urban Consumers, as published by the United States Bureau of Labor Statistics, for the preceding five (5) years.

However, if the cost to the unit substantially changes from the amount described in subdivision (1), the legislative body of the unit may adjust the fee to accurately reflect the cost to the unit after conducting a public hearing.

(3) Any fee assessed and collected by a unit must be maintained in a special fund dedicated solely to reimbursing the costs actually incurred by the unit relating to the imposition and amount of the fee. Each fund shall be maintained as a separate line item in the unit's budget. Money in the fund may not at any time revert to the general fund or any other fund of the unit.

As added by P.L.73-2026, SEC.17.

IC 36-7-2.4Chapter 2.4. School Corporations and Charter Schools

36-7-2.4-1Application 36-7-2.4-2"Charter school" 36-7-2.4-3"Nonpublic school" 36-7-2.4-4"Public school" 36-7-2.4-5"Unit" 36-7-2.4-6Public school, charter school, and nonpublic school considered permitted use; zoning districts 36-7-2.4-7Public school, charter school, and nonpublic school land use application; denial

IC 36-7-2.4-1Application Sec. 1. This chapter only applies to planning and zoning ordinances or regulations under IC 36-7-4.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-2"Charter school" Sec. 2. As used in this chapter, "charter school" has the meaning set forth in IC 20-24-1-4.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-3"Nonpublic school" Sec. 3. As used in this chapter, "nonpublic school" has the meaning set forth in IC 20-18-2-12.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-4"Public school" Sec. 4. As used in this chapter, "public school" has the meaning set forth in IC 20-18-2-15(1).

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-5"Unit" Sec. 5. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-6Public school, charter school, and nonpublic school considered permitted use; zoning districts Sec. 6. A public school, charter school, or nonpublic school shall be considered a permitted use in all zoning districts of a unit.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.4-7Public school, charter school, and nonpublic school land use application; denial Sec. 7. A land use application for any approval that is required by a unit for a public school, charter school, or nonpublic school may not be denied for the sole reason that the requesting entity is seeking to establish a public school, charter school, or nonpublic school.

As added by P.L.232-2025, SEC.32.

IC 36-7-2.5Chapter 2.5. Class 2 Structure Building Permits

36-7-2.5-1Applicability 36-7-2.5-2"Applicant" 36-7-2.5-3"Application" 36-7-2.5-4"Certified building official" 36-7-2.5-5"Class 2 structure" 36-7-2.5-6"Construction documents or plans" 36-7-2.5-7"Local requirements" 36-7-2.5-8"Permit" 36-7-2.5-9"Private provider" 36-7-2.5-10"Regulatory fee" 36-7-2.5-11"Unit" 36-7-2.5-12Compliance with chapter 36-7-2.5-13Schedule of application requirements 36-7-2.5-14Complete application 36-7-2.5-15Electronic notices 36-7-2.5-16Notice of completeness or incompleteness of application 36-7-2.5-17Time period for unit to conduct plan review 36-7-2.5-18Unit's notice of whether timely completion of plan review or inspection possible 36-7-2.5-19Applicant may use private provider 36-7-2.5-20Use of private provider because unit unable to timely complete plan review or inspection; refund of fees 36-7-2.5-21Failure to timely complete plan review; permit issued 36-7-2.5-22Limited permit 36-7-2.5-23Delay not caused by unit 36-7-2.5-23.5Failure of unit to meet deadline 36-7-2.5-24Sufficiency of plan review of private provider 36-7-2.5-25Affidavit upon completion of plan review 36-7-2.5-26Professional liability coverage required 36-7-2.5-27Prior acts coverage required 36-7-2.5-28Services a private provider may perform 36-7-2.5-29Private provider may not issue permit 36-7-2.5-30Plan review report 36-7-2.5-31Permit issued upon receipt of complete plan review report 36-7-2.5-32Unit must accept private provider's complete plan review report 36-7-2.5-33Consumer legal action not barred 36-7-2.5-34Immunity of unit and agents 36-7-2.5-35More stringent rules, policies, or standards prohibited 36-7-2.5-36Stop work orders 36-7-2.5-37Private providers subject to professional licensing board discipline in performing plan reviews or inspections 36-7-2.5-38Conflict with federal law or impairment of receipt of federal funds

IC 36-7-2.5-1Applicability Sec. 1. This chapter only applies to a unit that requires for a Class 2 structure:

(1) issuance of a permit;

(2) submission of construction documents or plans;

(3) performance of a plan review;

(4) performance of an inspection;

(5) issuance of a certificate of occupancy;

(6) submission of a certificate of completion and compliance; or

(7) any combination of the actions in subdivisions (1) through (6).

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-2"Applicant" Sec. 2. As used in this chapter, "applicant" means a person who applies for a permit.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-3"Application" Sec. 3. As used in this chapter, "application" means an application for a permit to conduct construction related activities involving a Class 2 structure.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-4"Certified building official" Sec. 4. As used in this chapter, "certified building official" means a person certified by the International Code Council as qualified to inspect and determine compliance of a Class 2 structure with the Indiana residential code (675 IAC 14).

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-5"Class 2 structure" Sec. 5. As used in this chapter, "Class 2 structure" has the meaning set forth in IC 22-12-1-5.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-6"Construction documents or plans" Sec. 6. As used in this chapter, "construction documents or plans" means written, graphic, and pictorial documents prepared or assembled for describing the design, location, and physical characteristics of the elements of a project necessary for obtaining a building permit. The term includes construction drawings drawn to an appropriate scale.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-7"Local requirements" Sec. 7. As used in this chapter, "local requirements" means any local regulatory requirements imposed by a unit for approval of an application, including any requirements of:

(1) state building codes;

(2) local ordinances, zoning ordinances, and design standards; and

(3) other applicable state and local laws, regulations, and ordinances.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-8"Permit" Sec. 8. As used in this chapter, "permit" means the following:

(1) An improvement location permit.

(2) A building permit.

(3) A certificate of occupancy.

(4) A certificate of completion and compliance.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-9"Private provider" Sec. 9. As used in this chapter, "private provider" means a person who:

(1) is:

(A) an architect registered under IC 25-4-1;

(B) a professional engineer registered under IC 25-31-1; or

(C) a certified building official;

(2) is not:

(A) an employee of;

(B) affiliated with; or

(C) financially interested in;

the person, firm, or corporation engaged in the project to be reviewed or inspected; and

(3) is not an employee of a unit.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-10"Regulatory fee" Sec. 10. As used in this chapter, "regulatory fee" means a payment:

(1) designated as a permit fee, application fee, inspection fee, impact fee, or by another name; and

(2) that a unit requires in regulating construction related activities of Class 2 structures.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-11"Unit" Sec. 11. As used in this chapter, "unit" means a county, city, or town.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-12Compliance with chapter Sec. 12. A unit must comply with this chapter in issuing a permit.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-13Schedule of application requirements Sec. 13. A unit shall provide an applicant with a schedule of the requirements for applying for and obtaining a permit, including the following:

(1) A list of any plan reviews or inspections that are required by the unit. The schedule must state that an applicant:

(A) may use:

(i) the unit to conduct any plan review or inspection; or

(ii) a private provider to conduct any plan review or inspection; and

(B) must indicate on the application whether the applicant will use a private provider.

(2) The timeline set forth in this chapter for notifications and submission of documents.

(3) Any regulatory fees charged by the unit.

(4) All of the requirements for a complete application. The schedule must specify any documents that must accompany the application, including any prior approvals or permits for:

(A) zoning;

(B) drainage;

(C) sewer or septic;

(D) wells;

(E) driveways; or

(F) flood control;

that the applicant must obtain before applying for the permit.

(5) If a private provider is used to conduct a plan review or inspection, a copy of the private provider's certificate of insurance indicating that the private provider satisfies the coverage amounts set forth in section 26 of this chapter.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-14Complete application Sec. 14. An application is complete if the application includes the information and supporting documents set forth in the unit's schedule under section 13 of this chapter.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-15Electronic notices Sec. 15. Except as provided in section 16 of this chapter, a unit shall deliver all notices under this chapter in an electronic format that provides for verification or acknowledgment of receipt of the notice.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-16Notice of completeness or incompleteness of application Sec. 16. (a) This subsection applies only to the notice provided by the unit under this section. If the unit transmits a notice to the applicant and does not receive an electronic verification or acknowledgment of receipt of the notice within three business (3) days after the date the notice is transmitted, the unit shall send the applicant a paper copy of the notice on the next business day by United States mail.

(b) The unit has not more than three (3) business days after receiving an application to notify the applicant regarding whether the application is complete or incomplete.

(c) If the applicant is notified that the application is incomplete:

(1) the unit must identify in the notice any deficiencies in the application;

(2) the applicant may submit application revisions in an electronic or paper format; and

(3) the unit has three (3) business days after receiving the revisions to notify the applicant whether the application is complete or incomplete.

(d) If the applicant:

(1) submits revisions to the application; and

(2) is notified by the unit:

(A) that the application is still incomplete; and

(B) of the application's deficiencies;

the process of the applicant submitting revisions and the unit providing notification as to the completeness of the application within the time set forth in subsection (b) applies until the unit notifies the applicant that the application is complete.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-17Time period for unit to conduct plan review Sec. 17. If:

(1) the unit notifies an applicant in writing that the application is complete; and

(2) a plan review is required by the unit;

the unit must complete the plan review not more than seven (7) business days after the date that notice is sent.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-18Unit's notice of whether timely completion of plan review or inspection possible Sec. 18. A unit must include in the notification of complete application under section 17 of this chapter a statement as to whether the unit is able to conduct:

(1) a plan review (if required by the unit) not later than seven (7) business days after the date that notice is sent; and

(2) inspection services not later than three (3) business days after receiving a written request for inspection.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-19Applicant may use private provider Sec. 19. An applicant may use a private provider to perform a plan review, an inspection, or both, regardless of whether the unit is able to conduct the activity or activities within the time set forth in section 18 of this chapter. The cost of any plan review or inspection performed by a private provider is at the applicant's own expense. The unit may also charge the applicant a convenience fee as provided in section 20 of this chapter.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-20Use of private provider because unit unable to timely complete plan review or inspection; refund of fees Sec. 20. If:

(1) an applicant indicates on the application that the unit will perform the plan review or inspection;

(2) the unit notifies the applicant under section 18 of this chapter that the unit is unable to perform a plan review or inspection within the time required; and

(3) the applicant elects instead to use a private provider to perform the plan review or inspection;

the unit shall refund any fees the applicant paid to the unit for a plan review or inspection. However, the unit may withhold from the refund or charge the applicant a convenience fee of not more than one hundred dollars ($100).

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-21Failure to timely complete plan review; permit issued Sec. 21. If a unit:

(1) notifies the applicant that a plan review can be performed within:

(A) the time set forth in section 18 of this chapter; or

(B) any extension period mutually agreed to by the applicant and the unit; and

(2) fails to complete the plan review within the time stated in subdivision (1);

the unit shall issue a permit or a limited permit under section 22 of this chapter to the applicant not later than the next business day.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-22Limited permit Sec. 22. The unit may limit:

(1) the scope of a permit issued under section 21 of this chapter; and

(2) the areas of the site to which a permit may apply.

However, the unit shall allow the applicant to begin work on the project if that portion of the initial phase of work is compliant with applicable codes, laws, and rules.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-23Delay not caused by unit Sec. 23. This section does not apply if the applicant uses a private provider to perform the plan review. Any delay in the processing of an application:

(1) attributable to a cause outside the control of the unit; or

(2) through the fault of the applicant;

does not count toward the time set forth in section 18 of this chapter.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-23.5Failure of unit to meet deadline Sec. 23.5. (a) If a unit fails to meet the deadlines set forth in this chapter, the unit shall:

(1) forfeit any regulatory fee owed by the applicant; and

(2) refund any regulatory fee that has been paid by the applicant;

to the unit.

(b) This section does not apply if a unit fails to meet a deadline set forth in this chapter as a result of a delay described in section 23 of this chapter.

As added by P.L.73-2026, SEC.18.

IC 36-7-2.5-24Sufficiency of plan review of private provider Sec. 24. A private provider must conduct a plan review or an inspection that is at least as extensive as a plan review or inspection conducted by the unit.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-25Affidavit upon completion of plan review Sec. 25. Upon completing a plan review, a private provider shall prepare an affidavit certifying under oath that all of the following are true and correct to the best of the private provider's knowledge and belief and in accordance with the applicable professional standard of care:

(1) The plans were reviewed by the affiant who:

(A) is duly authorized to perform plan review under this chapter; and

(B) holds the:

(i) appropriate registration or certification; and

(ii) insurance coverage stipulated in this chapter.

(2) The plans comply with all applicable local requirements.

(3) The plans submitted for plan review:

(A) are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process; and

(B) do not make a change to the project reviewed for the approvals.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-26Professional liability coverage required Sec. 26. (a) A private provider providing plan review or inspection services must maintain insurance coverage for professional liability insurance of at least:

(1) one million dollars ($1,000,000) per claim; and

(2) two million dollars ($2,000,000) of aggregate coverage.

(b) A complete application must include a copy of the private provider's certificate of insurance indicating the coverage amounts set forth in subsection (a).

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-27Prior acts coverage required Sec. 27. A private provider's insurance must be a practice policy containing prior acts coverage for the private provider.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-28Services a private provider may perform Sec. 28. (a) Subject to subsection (b), a private provider may perform any plan review or inspection required by the unit, including:

(1) inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating, ventilation, and air conditioning; or

(2) any other inspection necessary or required:

(A) to determine compliance with regulatory requirements; and

(B) for the issuance of a:

(i) building permit; or

(ii) certificate of occupancy;

by the unit.

(b) A private provider may perform a plan review or inspection that is only:

(1) within the scope of the private provider's area of competency; and

(2) if the private provider is a certified building official, within an area for which the certified building official has been issued a certification, license, or completion of training.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-29Private provider may not issue permit Sec. 29. Nothing in this chapter authorizes a private provider to issue a building permit, improvement permit, certificate of occupancy, or any other permit or approval.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-30Plan review report Sec. 30. (a) A private provider shall submit a copy of the private provider's plan review report to the unit not later than five (5) days after the plan review report is completed. The plan review report may be submitted in a paper format or an electronic format.

(b) A plan review report must include at least the following:

(1) The private provider's affidavit required under section 25 of this chapter.

(2) Any applicable fees.

(3) Any documents:

(A) required by the unit; and

(B) necessary to determine that the permit applicant has secured all other governmental approvals required by law.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-31Permit issued upon receipt of complete plan review report Sec. 31. The unit shall issue a permit not later than the next business day after receiving a complete plan review report from the private provider.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-32Unit must accept private provider's complete plan review report Sec. 32. When a private provider submits a complete inspection report is submitted to the unit, the unit shall accept the private provider's inspection report without further inspection or approval by:

(1) the inspectors; or

(2) other personnel employed by the unit.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-33Consumer legal action not barred Sec. 33. Nothing in this chapter shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-34Immunity of unit and agents Sec. 34. The unit and agents of the unit shall be immune from liability:

(1) to any person or party; and

(2) for any action or inaction by:

(A) an owner of a building; or

(B) a private provider or a private provider's duly authorized representative;

in connection with plan review and inspection services performed by private providers.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-35More stringent rules, policies, or standards prohibited Sec. 35. (a) A unit may not adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this chapter.

(b) A unit may not require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as part of an application under this chapter when constructed as prescribed by 675 IAC 14-4.4 or a most recent published edition of the International Residential Code.

(c) A unit may require a design professional (as defined in IC 22-15-3.2-3) to prepare construction documents, plans, or other filings for a Class 2 structure as evidence or proof of equivalence of proposed alternate materials, appliances, equipment, or method of design or construction and once provided shall be permitted by the unit as an alternate.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-36Stop work orders Sec. 36. Nothing in this chapter limits a unit from issuing a stop work order for a building project or any portion of a building project:

(1) that may be effective immediately as provided by law, after giving notice and adequate opportunity to remedy the violation; and

(2) if the unit determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

A stop work order issued for reasons of immediate threat to public safety and welfare may be appealed as provided by law.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-37Private providers subject to professional licensing board discipline in performing plan reviews or inspections Sec. 37. When performing plan reviews or inspection services, a private provider is subject to the disciplinary guidelines of the private provider's professional licensing board. Any complaint processing, investigation, and discipline arising out of a private provider's performance of plan reviews or inspection services shall be conducted by the private provider's professional licensing board.

As added by P.L.146-2025, SEC.4.

IC 36-7-2.5-38Conflict with federal law or impairment of receipt of federal funds Sec. 38. To the extent that a provision of this chapter conflicts with requirements of federal laws or regulations, or impairs a unit's receipt of federal funds, the provision shall not apply.

As added by P.L.146-2025, SEC.4.

IC 36-7-3Chapter 3. Platting and Vacation of Real Property

36-7-3-0.1Application of certain amendments to chapter 36-7-3-1Application of chapter 36-7-3-2Subdivision of lots or lands outside boundaries of municipality; requisites, approval, and recording of plat 36-7-3-3Laying out of town, addition to municipality, or subdivision of lots or lands within boundaries of municipality; requisites, approval, and recording of plat; donations or grants to public 36-7-3-4Survey and plat; order; adoption; resolutions; requisites 36-7-3-5Surveying, platting, and numbering of tracts of land in municipality; requisites, approval, and recording of plat; public ways 36-7-3-6Resolution declaring necessity of survey or plat requisites; adoption procedures direction to professional surveyor 36-7-3-7Professional surveyor; completion of survey and plat; requirements; boundary line dispute procedures; subdivision of tracts; report; statement of costs and expenses; filing 36-7-3-8Report of survey and plat; approval procedures; recording; legal effect of plat 36-7-3-9Expenses of survey and plat; apportionment and assessment against property platted; lien; collection and disbursement 36-7-3-10Vacation of plat by owners; written instrument; filing and approval; recording; land outside municipal boundaries excepted from approval; effect; public ways 36-7-3-11Repealed 36-7-3-12Vacation of public way or place; petition; notice; hearing; adoption of ordinance; appeals 36-7-3-13Vacation of proceedings; filing of remonstrances and objections; grounds; denial of petition 36-7-3-14Vacation of platted land; descriptions of lots and parcels in plat preserved; exceptions 36-7-3-15Termination of vacation proceeding; limitation 36-7-3-16Vacation of platted easements; public utility's use of public way or place notwithstanding vacation proceedings; waiver