reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-16. Acquisition of Property by Eminent Domain

Sec. 16. (a) If the reuse authority considers it necessary to acquire real property in or serving a reuse area by the exercise of the power of eminent domain, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the unit on behalf of the reuse authority, in the circuit or superior court of the county in which the property is situated. The resolution must contain a finding by the reuse authority that the property to be acquired is in an area needing redevelopment (as defined in IC 36-7-1-3). The resolution must be approved by the legislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section, but property belonging to the state or a political subdivision may not be acquired without the consent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the unit for the use and benefit of the reuse authority.
As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002, SEC.118; P.L.185-2005, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-20. Lessor of Property

Sec. 20. (a) Any of the following persons may lease facilities referred to in section 19 of this chapter to a military base reuse authority under this chapter:
(1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana.
(2) A partnership, an association, a limited liability company, or a firm.
(3) An individual.
(4) With respect to all reuse authorities located in a county that does not have a consolidated city, a redevelopment authority established under IC 36-7-14.5.
(5) With respect to all reuse authorities located in a county with a consolidated city, an authority established under IC 36-7-15.3.
(b) Notwithstanding any other law, a lessor under this section and section 19 of this chapter is a qualified entity for purposes of IC 5-1.4.
(c) Notwithstanding any other law, a military base reuse facility leased by the reuse authority under this chapter from a lessor borrowing bond proceeds from a unit under IC 36-7-12 is an economic development facility for purposes of IC 36-7-11.9-3 and IC 36-7-12.
(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by a reuse authority to a lessor described in subsection (c) may be made from sources set forth in section 19 of this chapter if the payments and the lease are structured to prevent the lease obligation from constituting a debt of the unit or the district for purposes of the Constitution of the State of Indiana.
As added by P.L.26-1995, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-21. Covenant and Pledge of Revenues

Sec. 21. (a) Notwithstanding any other law, the legislative body may pledge revenues received or to be received by the unit from:
(1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6;
(2) any other source legally available to the unit for the purposes of this chapter; or
(3) any combination of revenues under subdivisions (1) through (2);
in any amount to pay amounts payable under section 18 or 19 of this chapter.
(b) The legislative body may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay any amounts payable under section 18 or 19 of this chapter.
(c) The reuse authority may pledge revenues received or to be received from any source legally available to the reuse authority for the purposes of this chapter in any amount to pay amounts payable under section 18 or 19 of this chapter.
(d) The pledge or covenant under this section may be for the term of the bonds issued under section 18 of this chapter, the term of a lease entered into under section 19 of this chapter, or for a shorter period as determined by the legislative body. Money pledged by the legislative body under this section shall be considered revenues or other money available to the reuse authority under sections 18 through 19 of this chapter.
(e) The general assembly covenants not to impair this pledge or covenant as long as any bonds issued under section 18 of this chapter are outstanding or as long as any lease entered into under section 19 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.
As added by P.L.26-1995, SEC.14. Amended by P.L.197-2016, SEC.132.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-22. Deposits to Military Base Reuse District Capital Fund and General Fund

Sec. 22. (a) All proceeds from the sale of bonds under section 18 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, and economic development of the military base reuse area. The fund shall be known as the military base reuse district capital fund.
(b) All gifts or donations that are given or paid to the reuse authority or to the unit for military base reuse purposes shall be promptly deposited to the credit of the military base reuse district general fund unless otherwise directed by the grantor. The reuse authority may use these gifts and donations for the purposes of this chapter.
As added by P.L.26-1995, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-23. Payments From Funds

Sec. 23. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 6 of this chapter on vouchers of the reuse authority signed by the president or vice president and the secretary-treasurer or executive director. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the reuse authority. The reuse authority has complete and exclusive authority to expend the money for the purposes provided.
(b) Each fund established by this chapter is a continuing fund and does not revert to the general fund of the unit at the end of the calendar year.
As added by P.L.26-1995, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-26. Resolution to Modify Definition of Property Taxes

Sec. 26. (a) As used in this section, "depreciable personal property" refers to:
(1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and
(2) all or any part of the other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area;
and that is designated as depreciable personal property for purposes of this section by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter.
(b) As used in this section, "designated taxpayer" means a taxpayer designated by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter, and with respect to which the reuse authority finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of the personal property, are needed to pay debt service or provide security for bonds issued or to be issued under section 18 of this chapter or make payments or provide security on leases payable or to be payable under section 19 of this chapter in order to provide local public improvements or structures for a particular allocation area.
(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 25(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property located and taxable on the site of operations of the designated taxpayers in accordance with the procedures and limitations set forth in this section and section 25 of this chapter. If such a modification is included in the resolution, for purposes of section 25 of this chapter, the term "base assessed value" with respect to the depreciable personal property means, subject to section 25(i) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification, as adjusted under section 25(b) of this chapter.
As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.48; P.L.257-2019, SEC.138.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-26.5. Authorization to Enter Into an Agreement With a Taxpayer for Waiver of Review of an Assessment of Property Taxes in an Allocation Area During the Term of Bonds or Lease Obligations Payable From Allocated Property Taxes

Sec. 26.5. A reuse authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.
As added by P.L.249-2015, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-27. Repealed

As added by P.L.26-1995, SEC.14. Amended by P.L.192-2002(ss), SEC.186; P.L.23-2004, SEC.70; P.L.219-2007, SEC.135. Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-28. Violations

Sec. 28. A person who knowingly:
(1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or
(2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter;
commits a Level 5 felony.
As added by P.L.26-1995, SEC.14. Amended by P.L.158-2013, SEC.677.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-29. Joint Projects

Sec. 29. Notwithstanding any other law, two (2) or more units may jointly undertake military base reuse projects in contiguous areas in the units' respective jurisdictions that benefit or serve the units' jurisdictions by following the procedures set forth in IC 36-1-7. The legislative body of a unit may do the following:
(1) Assign an area within the unit's jurisdiction to the reuse authority of another unit to allow the creation of an allocation area for the purpose of the allocation of property tax proceeds even though part of the allocation area will be outside the jurisdiction of the reuse authority to which the new area is assigned.
(2) Pledge property tax proceeds that would be allocated to the unit's allocation fund to the reuse authority of another unit for the projects.
The reuse authority to which an area is assigned or allocated proceeds are pledged may then take all action in the area or with respect to the pledged proceeds that could be taken by a reuse authority in an allocation area or with respect to the reuse authority's own revenues until the later of the time when an ordinance rescinding this assignment or pledge is adopted by the legislative body of the assigning or pledging unit or the date on which outstanding bonds or lease rentals payable from allocated property tax proceeds are finally retired. The assigning unit shall continue to tax the taxpayers in the assigned part of the allocation area at the assigning unit's tax rates.
As added by P.L.26-1995, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-30. Utility Services

Sec. 30. Notwithstanding any other law, utility services provided within the military base reuse district are subject to regulation by the appropriate regulatory agencies unless the utility service is provided by a utility that provides utility service solely within the geographic boundaries of an existing or a closed military installation by a utility facility in existence and operating on July 1, 1995, in which case the utility service is not subject to regulation for purposes of rate making, regulation, service delivery, or issuance of bonds or other forms of indebtedness. However, this exemption from regulation does not apply to utility service if the service is generated, treated, or produced outside the boundaries of the existing or closed military installation.
As added by P.L.26-1995, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-32. Conditions on Property Development; Development Fees

Sec. 32. (a) Notwithstanding any other law, a reuse authority may:
(1) impose conditions on the development of any property in a reuse area; and
(2) require the payment of development fees or other fees by private persons to pay, defray, or mitigate the costs of the construction, operation, and maintenance of infrastructure that is required or needed to serve the development, redevelopment, and reuse of property within the reuse area.
(b) Before a reuse authority may impose conditions under subsection (a)(1), the reuse authority shall adopt a written resolution finding that the conditions to be imposed are:
(1) necessary to carry out at least one (1) of the purposes of this chapter; and
(2) reasonably related in nature and extent to the impact upon the development, redevelopment, and reuse of the property upon which the conditions are imposed.
(c) Before a reuse authority may impose fees under subsection (a)(2), the reuse authority shall adopt a written resolution finding that:
(1) the infrastructure for which the fees are to be imposed is necessary to carry out at least one (1) of the purposes of this chapter and is required or needed to serve the development, redevelopment, and reuse of the property within the reuse area; and
(2) the fees to be imposed are reasonably related in nature and extent to the impact upon the infrastructure attributable to the development, redevelopment, and reuse of the property within the reuse area upon which the fees are imposed.
(d) Conditions imposed under subsection (a)(1) must be approved by the plan commission of the unit or other body responsible for developing a general plan for the unit. To approve the conditions, the plan commission or other body shall adopt a written resolution making the same findings required to be made by the reuse authority under subsection (b).
(e) Fees imposed under subsection (a)(2) must be deposited in the appropriate fund of the unit responsible for constructing, operating, and maintaining the particular infrastructure for which the fee has been imposed.
As added by P.L.228-1997, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-33. Provision of Utility Services on Current or Former Air Force Base Property

Sec. 33. (a) This section applies to a military base or military base property that is or was operated by the United States Air Force as an air force base.
(b) Notwithstanding any other provision of this chapter or any other law, a municipal utility may through any means provide and acquire without appraisal water, sewer, electric, and stormwater services to a military base or military base property under a negotiated agreement with:
(1) the state;
(2) the federal government;
(3) agencies or departments of the state or federal government;
(4) a reuse authority;
(5) an authority operating under IC 36-7-14.5-12.5; or
(6) any other legal entity;
without regard to territorial or geographical restrictions except for territorial or geographical restrictions on electric services under IC 8-1-2.3 and without approvals by any entity or body other than the municipal legislative body or the board that oversees the municipal utility.
(c) An agreement entered into under subsection (b) and the provision of services under the agreement are not subject to regulatory approval. Rates and charges for the provision of services and financing of improvements to provide the services are not subject to regulatory approval.
(d) A municipal utility may fund improvements serving a military base or military base property with:
(1) bonds payable from revenues or sources of funds permitted by statute; or
(2) a separate series of bonds payable solely from revenues of improvements serving the military base or military base property.
(e) A municipal utility may hire employees or set up departments it considers necessary to serve a military base or military base property under this section.
(f) The municipal legislative body or the board that oversees the municipal utility may set rates and charges for the services provided on the military base or military base property that are separate from rates and charges for other ratepayers for the same services after conducting a public hearing with notice given under IC 5-3-1.
(g) Rates charged by a municipal utility providing services to a military base under this section must be established using the criteria set forth in:
(1) IC 8-1.5-3 with respect to water services and electric services;
(2) IC 36-9-23 with respect to sewer services; and
(3) IC 8-1.5-5 with respect to storm water services.
(h) Nothing in this section shall be construed to prohibit a rural electric membership corporation established under IC 8-1-13 that has entered into an agreement with any entity to provide electric services to a portion of a military base or military base property from continuing to provide electric services under the agreement.
As added by P.L.229-1997, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-33.5. Legalization of Certain Contracts, Agreements, and Arrangements

Sec. 33.5. A contract, agreement, or arrangement executed before April 23, 1997, by a municipal utility with any entity regarding services provided in the same manner as services provided under section 33 of this chapter, as in effect on April 23, 1997, is legalized and made valid, and the contract, agreement, or arrangement is not subject to challenge.
As added by P.L.220-2011, SEC.665.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-34. Military Base Reuse Authority; Public Utility Providing Water Service

Sec. 34. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide water service.
(b) The reuse authority shall operate the public utility as a municipal water utility in accordance with IC 8-1.5-3, and has all the powers and duties of:
(1) the board (as defined in IC 8-1.5-3-2); and
(2) the municipal legislative body;
under IC 8-1.5-3 with respect to the operation of its municipal water utility.
As added by P.L.104-2010, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-35. Military Base Reuse Authority; Public Utility Providing Sewage Disposal Service

Sec. 35. (a) This section applies to a reuse authority that owns or acquires a public utility (as defined in IC 8-1-2-1) established to provide sewage disposal service.
(b) The reuse authority shall operate the public utility as a municipal sewage works in accordance with IC 36-9-23, and has all the powers and duties of:
(1) the board (as defined in IC 36-9-23-5); and
(2) the municipal legislative body;
under IC 36-9-23 with respect to the operation of its municipal sewage works.
As added by P.L.104-2010, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30. Reuse of Federal Military Bases › 36-7-30-36. Limitation on the Inclusion of a Parcel in More Than One Allocation Area

Sec. 36. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:
(1) a resolution establishing an allocation provision under section 25 of this chapter that is adopted and approved under sections 10 through 12 of this chapter;
(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;
(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;
(4) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;
(5) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;
(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or
(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;
on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.
(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:
(1) IC 6-1.1-39;
(2) IC 8-22-3.5;
(3) IC 36-7-14;
(4) IC 36-7-15.1;
(5) IC 36-7-30.5;
(6) IC 36-7-32; or
(7) IC 36-7-32.5.
As added by P.L.38-2021, SEC.95. Amended by P.L.135-2022, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 36-7-30.2-18. Nonvoting Advisors

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.2. State Area of Interest; Military Installations › 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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-4. "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.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-5. Authorization of Unit to Establish a District for an Area Adversely Impacted by Military Operations

Sec. 5. A unit may establish a district for an area that is adversely impacted by at least one (1) effect of military operations, including:
(1) noise;
(2) dust;
(3) accident potential;
(4) demolition and vibration;
(5) protected airspace;
(6) frequency interference;
(7) light and glare; or
(8) security risk areas.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-6. Purpose of a District

Sec. 6. The purpose of a district is to:
(1) facilitate land use planning within the district to foster development that is:
(A) compatible with an installation's military operations; and
(B) less sensitive to the particular effect of military operations that negatively impacts the district; and
(2) control development that impedes an installation's ability to conduct military operations.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-7. Duty of Plan Commission

Sec. 7. The plan commission shall cooperate with the commander in the preparation of:
(1) maps of the proposed district's boundaries, levels and types of adverse impacts, and any other relevant information; and
(2) any documented evidence of the existence and degree of negative effects from military operations within the proposed district.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-8. Adoption of Map

Sec. 8. The map of the proposed district, if approved by the commander as accurate, may be submitted to the legislative body of the unit for adoption in the ordinance establishing the district.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-9. Adoption or Amendment of Unit's Comprehensive Plan

Sec. 9. The unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to establish a district in accordance with IC 36-7-30.2-20.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-10. Boundaries of the District

Sec. 10. A unit's legislative body may amend or supplement the ordinance establishing the district. However, the boundaries of the district may not be changed unless the change is based upon data and maps supplied or approved by the commander.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-11. Property Located Within a District and Another Zoning District

Sec. 11. Property located within a district and another zoning district is subject to the regulations for both districts. If there is a conflict between the requirements of the districts, the more restrictive requirements apply.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.3. Military Impact Zoning District › 36-7-30.3-12. Recordation of the Map

Sec. 12. A map of the proposed district approved by the commander and adopted by the legislative body of the unit pursuant to section 8 of this chapter shall be recorded in the office of the recorder of the county where the proposed district is located. The map shall comply with IC 36-2-7-10 and IC 36-2-11-16.5.
As added by P.L.43-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-2. "Bonds"

Sec. 2. As used in sections 23 and 29 of this chapter, "bonds" means bonds, notes, evidences of indebtedness, or other obligations issued by the development authority in the name of a unit.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-4. "Development Authority"

Sec. 4. As used in this chapter, "development authority" means a military base development authority established under section 8 of this chapter.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-5. "Military Base"

Sec. 5. As used in this chapter, "military base" means a United States government military base or other military installation that is:
(1) scheduled for closing or realignment; or
(2) completely or partially inactive or closed.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-6. "Military Base Property"

Sec. 6. As used in this chapter, "military base property" means real and personal property that is currently or was formerly part of a military base and is subject to development or reuse.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-6.5. Task Force Action to Establish Development Authority

Sec. 6.5. As used in this chapter, "task force" refers to the Indiana defense task force established by IC 4-3-21.5-3.
As added by P.L.228-2019, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-7. Preparation for Reuse of Military Bases

Sec. 7. (a) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse of military bases and military base property are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise because of the following:
(1) The provisions of federal law that provide for the expeditious and affordable transfer of military base property to an entity established by local government for these purposes.
(2) The necessity for requiring the proper use of the land to best serve the interests of the unit and its citizens.
(3) The costs of the projects.
(b) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse will do the following:
(1) Benefit the public health, safety, morals, and welfare.
(2) Increase the economic well-being of counties represented on the development authority and the state.
(3) Serve to protect and increase property values in the counties represented on the development authority and the state.
(c) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse of military bases and military base property under this chapter are public uses and purposes for which public money may be spent and private property may be acquired.
(d) A development authority and all appropriate units shall, to the extent feasible under this chapter and consistent with the needs of the development authority and the units, provide a maximum opportunity for development or reuse of federal military bases by private enterprise or state and local government.
(e) This section shall be liberally construed to carry out the purposes of this section.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-8. Task Force Action to Establish Development Authority

Sec. 8. (a) If the task force, by the affirmative votes of a majority of the voting members of the task force, votes to require that a development authority should be established under this chapter, the development authority shall be established.
(b) A unit may not create a reuse authority under IC 36-7-30 for all or part of a military base that is:
(1) governed by this chapter; and
(2) located within the boundaries of the unit.
As added by P.L.203-2005, SEC.11. Amended by P.L.228-2019, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-9. Development Authority Governed by Board

Sec. 9. A development authority established under this chapter shall be governed by a board of nine (9) members to be known as the "Crane Development Authority".
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-10. Appointment of Members to Development Authority

Sec. 10. (a) The nine (9) members of a development authority shall be appointed as follows:
(1) Two (2) members shall be appointed by the county executive of Greene County.
(2) Two (2) members shall be appointed by the county executive of Lawrence County.
(3) Two (2) members shall be appointed by the county executive of Martin County.
(4) One (1) member shall be appointed by the county executive of Daviess County.
(5) One (1) member shall be appointed by the county executive of Monroe County.
(6) One (1) member shall be appointed by the county executive of Orange County.
As added by P.L.203-2005, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 30.5. Development of Multicounty Federal Military Bases › 36-7-30.5-11. Terms of Members; Oath; Bond; Qualifications; Reimbursement for Expenses

Sec. 11. (a) Each member of a military base development authority shall serve the longer of:
(1) three (3) years beginning with the first day of January after the member's appointment; or
(2) until the member's successor has been appointed and qualified.
If a vacancy occurs, a successor shall be appointed in the same manner as the original member. The successor shall serve for the remainder of the vacated term.
(b) Each member of a development authority, before beginning the member's duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of the member's appointment. The endorsed certificate must be promptly filed with the clerk for the unit that the member serves.
(c) Each member of a development authority, before beginning the member's duties, shall execute a bond payable to the state, with surety to be approved by the executive of the unit. The bond must be:
(1) in the penal sum of fifteen thousand dollars ($15,000); and
(2) conditioned on the faithful performance of the duties of the member's office and the accounting for all money and property that may come into the member's hands or under the member's control.
(d) A member of a development authority must be:
(1) at least eighteen (18) years of age; and
(2) a resident of the county responsible for the member's appointment.
(e) If a member ceases to be qualified under this section, the member forfeits the member's office.
(f) Members of a development authority are not entitled to salaries but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.
As added by P.L.203-2005, SEC.11.