§ 16-41-25-1 — Period for approval or disapproval of plan review and permit for residential onsite sewage system; installation of residential onsite sewage system in fill soil in certain counties

(a) The state department shall adopt rules
under IC 4-22-2 that provide for a reasonable period not exceeding
thirty (30) days in which a plan review and permit for a residential
onsite sewage system must be approved or disapproved.
(b) This subsection applies to a county with a population of more
than eighty thousand (80,000) and less than eighty thousand four
hundred (80,400). As used in this subsection, "fill soil" means soil
transported and deposited by humans or soil recently transported and
deposited by natural erosion forces. A rule that the state department
adopts concerning the installation of residential onsite sewage systems
in fill soil may not prohibit the installation of a residential onsite
sewage system in fill soil on a plat if:
(1) before the effective date of the rule, the plat of the affected lot
was recorded;
(2) there is not an available sewer line within seven hundred fifty
(750) feet of the property line of the affected lot; and
(3) the local health department determines that the soil, although
fill soil, is suitable for the installation of a residential onsite
sewage system.
[Pre-1993 Recodification Citation: 16-1-3-33.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.167-1999, SEC.1; P.L.170-2002, SEC.110; P.L.119-2012, SEC.144; P.L.261-2019, SEC.3; P.L.104-2022, SEC.119; P.L.167-2022, SEC.7; P.L.178-2022(ts), SEC.12.