§ 36-7-30.2-10 — Notice to commander; response by commander

Indiana § 36-7-30.2-10

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30.2: State Area of Interest; Military Installations

Text

(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.

Legislative History

As added by P.L.43-2023, SEC.4.