This text of Indiana § 13-18-27-16 (Time limit for review authority's preliminary determination of whether
construction plan is substantially complete) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A review authority to which a
construction plan is submitted must make a preliminary determination
whether the construction plan is substantially complete before the end
of:
(1)the tenth working day after the day on which the construction
plan is submitted to the review authority, in the case of a small or
very small construction activity site; or
(2)the fourteenth working day after the day on which the
construction plan is submitted to the review authority, in the case
of a large construction activity site.
(b)If a review authority to which a construction plan is submitted
under subsection (a):
(1)makes a preliminary determination that the construction plan
is substantially complete; and
(2)notifies the project site owner of its favorable preliminary
determination;
before the end
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(a) A review authority to which a
construction plan is submitted must make a preliminary determination
whether the construction plan is substantially complete before the end
of:
(1) the tenth working day after the day on which the construction
plan is submitted to the review authority, in the case of a small or
very small construction activity site; or
(2) the fourteenth working day after the day on which the
construction plan is submitted to the review authority, in the case
of a large construction activity site.
(b) If a review authority to which a construction plan is submitted
under subsection (a):
(1) makes a preliminary determination that the construction plan
is substantially complete; and
(2) notifies the project site owner of its favorable preliminary
determination;
before the end of the tenth working day after the day on which the
construction plan is submitted to the review authority, in the case of a
small or very small construction activity site, or the fourteenth working
day after the day on which the construction plan is submitted to the
review authority, in the case of a large construction activity site, the
project site owner may submit a notice of intent letter including the
information required by 327 IAC 15-5-5 or the general permit and,
forty-eight (48) hours after submission of the notice of intent letter,
may begin the construction project, including the land disturbing
activities of the construction project.
(c) If a review authority to which a construction plan for a small or
very small construction activity site or a large construction activity site
is submitted under subsection (a) does not notify the project site owner
before the end of the tenth working day after the day on which the
construction plan is submitted to the review authority, in the case of a
small or very small construction activity site, or the fourteenth working
day after the day on which the construction plan is submitted to the
review authority, in the case of a large construction activity site, of its
preliminary determination as to whether the construction plan is
substantially complete, the project site owner may submit a notice of
intent letter including the information required by 327 IAC 15-5-5 or
the general permit and, forty-eight (48) hours after submission of the
notice of intent letter, may begin the construction project, including the
land disturbing activities of the construction project.
(d) If a review authority to which a construction plan is submitted
under subsection (a) notifies the project site owner before the end of
the tenth working day after the day on which the construction plan is
submitted to the review authority, in the case of a small or very small
construction activity site, or the fourteenth working day after the day
on which the construction plan is submitted to the review authority, in
the case of a large construction activity site, of its preliminary
determination that the construction plan is not substantially complete,
the project site owner may not submit a notice of intent letter until the
review authority makes a conclusive favorable determination
concerning the construction plan under 327 IAC 15-5, the general
permit, or the applicable ordinance of the MS4 community.
(e) If a review authority to which a construction plan is submitted
under subsection (a):
(1) makes a preliminary determination that the construction plan
is substantially complete; and
(2) makes a conclusive unfavorable determination concerning the
construction plan under 327 IAC 15-5, the general permit, or the
applicable ordinance of the MS4 community;
the land disturbing activities of the construction project must stop when
the review authority notifies the project site owner of the review
authority's conclusive unfavorable determination concerning the
construction plan.