Indiana § 36-7-30.2-12 Determination; alternative for mitigation

Indiana Statutes

§ 36-7-30.2-12 — Determination; alternative for mitigation

Indiana § 36-7-30.2-12

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 30.2State Area of Interest; Military Installations

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Bluebook

Ind. Code § 36-7-30.2-12 (2026).

Text

(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.

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(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.