Ind. Code § 36-7-30.2-1 Application
Sec. 1. This chapter applies only to a unit that exercises planning or zoning jurisdiction over land within a state area of interest.
As added by P.L.43-2023, SEC.4.
Ind. Code ch. 36-7-30.2
Ind. Code ch. 36-7-30.2
in effectInd. Code § 36-7-30.2-2 "Commander"
Sec. 2. As used in this chapter, "commander" means the commander of an installation or the commander's designee.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-3 "District"
Sec. 3. As used in this chapter, "district" means a military impact zoning district established under IC 36-7-30.3.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-4 "Installation"
Sec. 4. As used in this chapter, "installation" means the following military installations:
(1) Naval Support Activity Crane.
(2) Lake Glendora Test Facility.
(3) Grissom Air Reserve Base.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-5 "Land use activity"
Sec. 5. As used in this chapter, "land use activity" means any of the following:
(1) Land development or redevelopment, including requests for tax abatement.
(2) Changes in land use, including zone map amendments, special exceptions and uses, and variances.
(3) Division and subdivision of land.
(4) Amendment of comprehensive plans, zoning ordinances, and regulations.
(5) Issuance of building and improvement location permits.
(6) Construction or repair of tall structures.
(7) Expansion of public facilities.
(8) Any other land use activity identified by a commander as having the potential for adversely impacting an installation's military operations.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-6 "State area of interest"
Sec. 6. As used in this chapter, "state area of interest" means an area comprised of land located:
(1) not more than three (3) miles from an installation;
(2) within a district established under IC 36-7-30.3; or
(3) within territory described in both subdivisions (1) and (2).
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-7 "Unit"
Sec. 7. As used in this chapter, "unit" means a county, city, or town.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-8 Restriction on a unit approving a land use activity in a state area of interest
Sec. 8. A unit may not approve or fund a land use activity within a state area of interest without complying with this chapter.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-9 State area of interest described
Sec. 9. A state area of interest is an area:
(1) of importance to national security and the state's economy;
(2) in which some land uses and development may:
(A) adversely impact an installation's ability to conduct military operations; and
(B) be more sensitive to and adversely impacted by the effects of military operations; and
(3) in which coordination and communication between the unit and the installation are needed to achieve compatible land use and development within the area that is mutually supportive of the interests of the community and the installation.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-10 Notice to commander; response by commander
Sec. 10. (a) Before approving or funding a land use activity within a state area of interest, the unit must provide the commander with notice and an opportunity to review the proposed land use activity to determine if the proposal adversely impacts the installation's military operations.
(b) The commander may inform the unit of those land use activities that the commander considers to be of concern for the installation's military operations. The unit and commander may further define the land use activities that the commander wants:
(1) the unit to provide the commander notice of; and
(2) an opportunity to review.
(c) The unit shall notify the commander in writing:
(1) of the proposed land use activity in reasonably sufficient detail for the commander to prepare a response; and
(2) that the unit may:
(A) presume that the proposed land use activity will not adversely impact the installation's military operations; and
(B) proceed with approval and funding of the land use activity, unless the unit receives the commander's written determination:
(i) that the land use activity adversely impacts the installation's military operations as provided in section 12 of this chapter; and
(ii) not later than fifteen (15) days after the commander receives the notice.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-11 Service
Sec. 11. The notice under section 10 of this chapter shall be delivered to the commander by:
(1) certified mail that includes return receipt; or
(2) any other means of delivery, including delivery in an electronic format that provides for verification or acknowledgment of receipt.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-12 Determination; alternative for mitigation
Sec. 12. (a) The commander's determination that a land use activity adversely impacts the installation's military operations must be based upon the following findings:
(1) The land use activity is likely to interfere with current or planned military operations. The commander must provide in the commander's response any supporting facts concerning the land use activity's adverse impact on current or planned military operations.
(2) The adverse impacts to the current or planned military operations:
(A) cannot be mitigated; or
(B) may be mitigated, but the unit's proposal for the land use activity does not provide sufficient mitigation.
(b) The commander may, as part of the determination, include any recommended alternatives for mitigation of the adverse impacts.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-13 Requirements for approval after commander's determination
Sec. 13. The unit may approve or fund a land use activity after a determination under section 12 of this chapter that the activity adversely affects the installation's military operations if the unit:
(1) mitigates the adverse impact of the land use activity in the manner agreed upon by the unit and the commander; or
(2) agrees to complete the mitigation agreed upon by the unit and the commander before commencing construction, issuing improvement location permits, entering into contracts, or commencing any other substantial step toward initiation of the land use activity.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-14 Notice of public hearing
Sec. 14. A unit shall provide written notice to the commander of any public hearing conducted by the unit relating to a land use activity not less than twenty (20) days before the date of the hearing.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-15 Lessor; duty to disclose
Sec. 15. A lessor of real property must disclose in a lease that the property is located within a state area of interest as provided in IC 32-31-1-21.1.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-16 Owner; duty to disclose
Sec. 16. An owner of real property must disclose in a real estate disclosure form that the property is located within a state area of interest as provided in IC 32-21-5-7.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-17 Mediation
Sec. 17. The unit may use mediation or other conflict resolution processes to resolve an adverse impact determination with the commander.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-18 Nonvoting advisers
Sec. 18. (a) The unit shall notify a commander that the commander may recommend a civilian or military representative of the installation in mission sustainment activities to serve as a nonvoting adviser to the plan commission.
(b) The notice must inform the commander that a nonvoting adviser:
(1) is not a member of the plan commission, but is entitled to attend and participate in all plan commission meetings;
(2) is not entitled to a salary, per diem, or reimbursement of expenses; and
(3) serves at the pleasure of the legislative body of the unit.
(c) The unit shall appoint an individual to the position of nonvoting adviser upon the request of the commander at any time. An individual may only be appointed as a nonvoting adviser upon recommendation of the commander.
(d) This subsection applies to a unit that has a plan commission on June 30, 2023. The legislative body of the unit shall send the notice not later than January 1, 2024. This subsection expires July 1, 2025.
(e) This subsection applies to a unit that establishes a plan commission after June 30, 2023. The legislative body of the unit shall send the notice not later than one hundred eighty (180) days after the date that the plan commission is established.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-19 Duties of legislative body
Sec. 19. (a) The legislative body of the unit must adopt a resolution that:
(1) acknowledges the requirements of this chapter; and
(2) designates an employee of the unit to serve as staff liaison between the unit and the installation for purposes of coordinating the unit's land use activities within the state area of interest.
(b) The unit shall contact the commander to:
(1) discuss coordination between the unit and the installation in compliance with this chapter; and
(2) notify the commander of the staff liaison designated in the resolution.
(c) This subsection applies to a unit that has a plan commission on June 30, 2023. The legislative body of the unit shall comply with subsections (a) and (b) not later than January 1, 2024. This subsection expires July 1, 2025.
(d) This subsection applies to a unit that establishes a plan commission after June 30, 2023. The legislative body of the unit shall comply with subsections (a) and (b) not later than one hundred eighty (180) days after the date that the plan commission is established.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-20 Comprehensive plan
Sec. 20. (a) Except as provided in section 21 of this chapter, a unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to implement this chapter and IC 36-7-30.3.
(b) Except as provided in section 21 of this chapter, this subsection applies to a unit that has a plan commission on June 30, 2023. The unit shall amend or repeal and adopt the comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed as provided in subsection (a) not later than January 1, 2025. This subsection expires July 1, 2025.
(c) This subsection applies to a unit that establishes a plan commission after June 30, 2023. The unit shall adopt a comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as provided in subsection (a) not later than eighteen (18) months after the plan commission is established.
As added by P.L.43-2023, SEC.4.
Ind. Code § 36-7-30.2-21 Zoning; exemption
Sec. 21. (a) This chapter and IC 36-7-30.3:
(1) do not affect a municipality's zoning overlay for a military installation that was adopted in coordination with the military installation's commander before January 1, 2023; and
(2) except as provided in subsection (c), do not require the municipality to adopt or amend the municipality's zoning overlay described in subdivision (1) to comply with IC 36-7-30.3.
(b) Except as provided in subsection (c), any amendment to the municipality's zoning overlay for the military installation must be adopted in coordination with the military installation's commander in accordance with the municipality's ordinances, procedures, and regulations.
(c) If the municipality revokes or repeals the zoning overlay, the municipality shall adopt or amend the municipality's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to implement:
(1) this chapter; and
(2) IC 36-7-30.3;
not later than ninety (90) days after the revocation or repeal.
As added by P.L.43-2023, SEC.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026