§ 36-7-4-1109 — Approval of permit, plat, plan, use, or exception; applicability of local or state law while approval pending; incorporation of statutory provision in sign regulations

Indiana § 36-7-4-1109

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) As used in this section, "applicant"
means a person that applies to a local authority for a permit or
approval.
(b) As used in this section, "development agreement" means a
contract that is entered into between a person and a local authority
regarding the development of property and that is executed after June
30, 2025.
(c) As used in this section, "development standards" includes the
following:
(1) Project elements including:
(A) permitted uses;
(B) residential densities;
(C) nonresidential densities and intensities;
(D) building sizes;
(E) impact fees, inspection fees, or dedications;
(F) mitigation measures, development conditions, and other
requirements;
(G) design standards;
(H) affordable housing;
(I) parks and open space preservation;
(J) phasing; and
(K) review procedures and standards for implementing
decisions.
(2) Any other development requirement or procedure.
(d) As used in this section, "legal restrictions" means statutes,
ordinances, rules, development standards, policies, and regulations.
The term does not include building codes under IC 22-13.
(e) As used in this section, "local authority" includes any agency,
officer, board, or commission of a local unit of government that may
issue:
(1) a permit; or
(2) an approval:
(A) of a land use; or
(B) for the construction of a development, a building, or
another structure.
(f) As used in this section, "permit" means any of the following:
(1) An improvement location permit.
(2) A building permit.
(3) A certificate of occupancy.
(4) Approval of a site-specific development plan.
(5) Approval of a primary or secondary plat.
(6) Approval of a variance, contingent use, conditional use,
special exception, or special use.
(7) Approval of a planned unit development.
(g) If a person files with the appropriate local authority a complete
application for a permit, as required by the legal restrictions of a local
unit of government or a local authority, the granting of:
(1) the permit; and
(2) any secondary, additional, or related permits or approvals
required from the same local authority with respect to the general
subject matter of the application for the first permit;
are governed, for a period of at least three (3) years after the date the
person files a complete permit application, by the legal restrictions in
effect and applicable to the property at the time the complete
application is filed.
(h) Subsection (g) applies even if the legal restrictions governing the
granting of the permit or approval are changed by the general assembly
or the applicable local legislative body or regulatory body:
(1) before the issuance of the permit;
(2) while the permit approval process is pending;
(3) before the issuance of any secondary, additional, or related
permits or approvals; or
(4) while the secondary, additional, or related permit or approval
process is pending.
Subsection (g) applies regardless of whether the changes to the legal
restrictions are part of a zoning ordinance, a subdivision control
ordinance, or a statute, ordinance, or regulation that is based on the
general police powers of the local unit of government. However, after
the issuance or approval of a permit subsection (g) does not apply if the
development or other activity to which the permit relates is not
completed within ten (10) years after the development or activity is
commenced.
(i) Subsection (j) applies if:
(1) either:
(A) a local authority issues to a person a permit or grants a
person approval for the construction of a development, a
building, or another structure; or
(B) a permit or approval is not required from the local authority
for the construction of the development, building, or structure;
(2) before beginning the construction of the development,
building, or structure, the person must obtain a permit or approval
for the construction of the development, building, or structure
from a state governmental agency; and
(3) the person has applied for the permit or requested the approval
for the construction of the development, building, or structure
from the state governmental agency within ninety (90) days of
issuance of the permit or the granting of approval by the local
authority, as applicable.
(j) Subject to subsection (l), if the conditions of subsection (i) are
satisfied:
(1) a permit or approval issued or granted to a person by the local
authority for the construction of the development, building, or
structure; or
(2) the person's right to construct the development, building, or
structure without a permit or approval from the local authority;
is governed, for a period of at least three (3) years after the person
applies to the state governmental agency for the permit, by the legal
restrictions in effect and applicable to the property when the person
applies for the permit or requests approval from the state governmental
agency for the construction of the development, building, or structure.
(k) Subsection (j) applies even if the legal restrictions governing the
granting of the permit or approval from the local authority are changed
by the general assembly or the applicable local legislative body or
regulatory body:
(1) before the commencement of the construction; or
(2) while the permit application or approval request is pending
with the state governmental agency.
Subsection (j) applies regardless of whether the changes to the legal
restrictions are part of a zoning ordinance, a subdivision control
ordinance, or a statute, ordinance, or regulation that is based on the
general police powers of the local unit of government. However,
subsection (j) does not apply if the development or other activity to
which the permit or approval request relates is not completed within
ten (10) years after the development or activity is commenced.
(l) Subsection (j) does not apply to property when it is demonstrated
by the local authority or state governmental agency that the
construction of the development, building, or structure would cause
imminent peril to life or property.
(m) A development agreement entered into by a local authority must
set forth the legal restrictions, including development standards and
any other provisions applying to and governing the use and
development of the real property for the period specified in the
development agreement. A development agreement must:
(1) reserve authority for the local authority to impose new or
different legal restrictions to the extent required by a serious
threat to public health and safety; and
(2) be consistent with applicable legal restrictions adopted by the
local authority.
(n) Subject to subsection (j), the local authority's legal restrictions
governing the development of the real property at the time the
development agreement is executed govern the development of the real
property for the period specified in the development agreement.
(o) This section does not authorize the impairment of any vested
right or abrogate any rights vested under common law. Without
limiting the time in which rights might vest, an applicant's rights are
considered vested in land use when the applicant obtains a permit or
reasonably relies on existing law regarding development of a specific
project. Rights considered vested under this subsection are not affected
by a subsequent amendment to a zoning ordinance.
(p) This section does not apply to building codes under IC 22-13.
(q) The following provision is considered to be included in any
regulation adopted under section 601(d)(2)(B) of this chapter that sets
forth requirements for signs:
"The owner of any sign that is otherwise allowed by this
regulation may substitute noncommercial copy in place of any
other commercial or noncommercial copy. This substitution of
copy may be made without the issuance of any additional permit
by a local authority. The purpose of this provision is to prevent
any inadvertent favoring of commercial speech over
noncommercial speech, or the favoring of any particular
noncommercial message over any other noncommercial message.
This provision prevails over any more specific provision in this
regulation to the contrary.".
(r) After December 31, 2025, this subsection does not apply to a
permit to which IC 36-7-2.5 applies. A local authority must, not later
than twelve (12) business days after a person has filed a complete
application for a permit for which approval is ministerial under IC 36-7-4-402 or an improvement location permit issued under the 800
series of this chapter and meets all conditions required under this
chapter and any other statute, issue the permit to the person.

Legislative History

As added by P.L.49-2006, SEC.1. Amended by P.L.126-2011, SEC.40; P.L.253-2017, SEC.3; P.L.211-2017, SEC.2; P.L.125-2019, SEC.2; P.L.146-2025, SEC.5; P.L.202-2025, SEC.16; P.L.223-2025, SEC.14.