§ 36-7-2-12 — Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited

Indiana § 36-7-2-12

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 2: General Powers Concerning Planning and Development

Text

(a) The definitions in IC 16-41-27 apply
throughout this section.
(b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may
not adopt, impose, or enforce a regulation that:
(1) mandates size requirements for or that is based on the age of,
a mobile home, a manufactured home or an industrialized
residential structure that will be installed in a mobile home
community licensed under IC 16-41-27; or
(2) is based on the age of a mobile home, a manufactured home,
or an industrialized residential structure that will be installed on
other private property;
regardless of whether the mobile home community or other private
property, in whole or in part constitutes a conforming structure or use
or a legal, nonconforming structure or use.
(c) Nothing in this section shall be construed to prohibit a unit from
adopting or enforcing a requirement of a regulation related to:
(1) transportation;
(2) water and sewer service; or
(3) another requirement concerning the use or development of
land.
(d) Unless required under IC 36-7-2-9, after March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes
a provision that violates, subsection (b);
(B) amend a regulation so that the regulation, after its
amendment, includes a provision that violates subsection (b),
regardless of when the regulation was originally adopted or
imposed; or
(C) enforce a provision in a regulation adopted or imposed by
the unit if the provision violates subsection (b), regardless of
when the regulation or provision was originally adopted or
imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit;
and
(B) violates subsection (b);
is void and unenforceable regardless of when the regulation or
provision was originally adopted or imposed.

Legislative History

As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3; P.L.137-2023, SEC.13; P.L.9-2024, SEC.546.