§ 36-7-4-1109.1 — "Extraordinary event"; extension of time to meet requirements for obtaining or maintaining permit

Indiana § 36-7-4-1109.1

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

Text

1. (a) As used in this section,
"extraordinary event" means a circumstance that is:
(1) unforeseen; and
(2) not within the reasonable control of a party, including the
following:
(A) Fire, flood, tornado, or other natural disasters or acts of
God.
(B) War, civil strife, a terrorist attack, or other similar acts of
violence.
(C) Unavailability of materials, equipment, services, or labor,
including unavailability due to ongoing global supply chain
shortages.
(D) Utility or energy shortages or acts or omissions of public
utility providers.
(E) Unexpected or extensive delays in procuring required
permits, zoning, or other approvals necessary to perform a
party's obligations.
(F) Any delay resulting from a pandemic, epidemic, or other
public health emergency or related restrictions.
(G) Litigation or a regulatory proceeding regarding a
development.
(H) Other unforeseen events over which a party has no control.
The term does not include a party's failure to anticipate normal and
customary delays due to weather.
(b) This section applies if a local authority requires an applicant to
meet certain requirements within a specified time in order to:
(1) obtain a permit; or
(2) maintain a permit.
(c) If an applicant shows that an extraordinary event prevented the
applicant from meeting the requirements described in subsection (b)
within the specified time, the local authority shall grant the applicant
an extension of time to meet the requirements. At a minimum, the
deadline for meeting the requirements must be extended by the length
of the delay that:
(1) was caused by the extraordinary event; and
(2) prevented the applicant from meeting the deadline.

Legislative History

As added by P.L.202-2025, SEC.17.