Approval of permit, plat, plan, use, or exception; applicability of local or state law while approval pending; incorporation of statutory provision in sign regulations
Ind. Code § 36-7-4-1109
in effectSec. 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;
(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.
(e) As used in this section, "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) for the construction of a development, a building, or another structure.
(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.
(g) If a person files with the appropriate local authority a complete application for a permit, as required by the legal restrictions of a local unit of government or a local authority, the granting of:
(1) the permit; and
(2) any secondary, additional, or related permits or approvals required from the same local 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 files a complete permit application, by the legal restrictions in effect and applicable to the 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;
(2) while the permit approval process is pending;
(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.
Subsection (g) applies regardless of whether 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, 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.
(i) Subsection (j) applies if:
(1) either:
(A) a local 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 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 authority, as applicable.
(j) Subject to subsection (l), if the conditions of subsection (i) are satisfied:
(1) a permit or approval issued or granted to a person by the local 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 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 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.
Subsection (j) applies regardless of whether 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, 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.
(l) Subsection (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:
(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.
(p) This section does not apply to building codes under IC 22-13.
(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 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.".
(r) After December 31, 2025, this subsection does not apply to a permit to which IC 36-7-2.5 applies. A local 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.
(s) This subsection applies after December 31, 2026. If a person files with the appropriate local authority a complete application for a permit or approval, the permit or approval must be granted, if the project that is the subject of the application satisfies the legal restrictions, including the zoning ordinance, zone maps, or subdivision control ordinance in effect on the date the permit application is submitted.
As added by P.L.49-2006, SEC.1. Amended by P.L.126-2011, SEC.40; P.L.253-2017, SEC.3; P.L.211-2017, SEC.2; P.L.125-2019, SEC.2; P.L.146-2025, SEC.5; P.L.202-2025, SEC.16; P.L.223-2025, SEC.14; P.L.73-2026, SEC.19.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026