Indiana § 36-7-4-1109.3 Appeal of granted permit; tolling of time for commencing and
completing permitted use; approved permitted use as lawful use while
appeal pending

Indiana Statutes

§ 36-7-4-1109.3 — Appeal of granted permit; tolling of time for commencing and completing permitted use; approved permitted use as lawful use while appeal pending

Indiana § 36-7-4-1109.3

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 4Local Planning and Zoning

This text of Indiana § 36-7-4-1109.3 (Appeal of granted permit; tolling of time for commencing and completing permitted use; approved permitted use as lawful use while appeal pending) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-4-1109.3 (2026).

Text

3.

(a)This section applies if:

(1)a zoning ordinance establishes a time within which an applicant must obtain a permit or commence or complete a permitted use; and

(2)the local authority's decision to grant the applicant the permit is appealed.

(b)The time specified in the zoning ordinance for:

(1)commencing a permitted use is tolled to allow the permitted use to be commenced:

(A)upon the start of actual construction of the use as approved; and

(B)not later than two (2) years after the date of the final disposition of all appeals of the permitting authority's decision; and

(2)completing a permitted use may not begin to run until actual construction has started. Any zoning ordinance to the contrary is invalid or unenforceable.

(c)Upon approval of a permit, the approved permitted us

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3. (a) This section applies if:
(1) a zoning ordinance establishes a time within which an
applicant must obtain a permit or commence or complete a
permitted use; and
(2) the local authority's decision to grant the applicant the permit
is appealed.
(b) The time specified in the zoning ordinance for:
(1) commencing a permitted use is tolled to allow the permitted
use to be commenced:
(A) upon the start of actual construction of the use as approved;
and
(B) not later than two (2) years after the date of the final
disposition of all appeals of the permitting authority's decision;
and
(2) completing a permitted use may not begin to run until actual
construction has started.
Any zoning ordinance to the contrary is invalid or unenforceable.
(c) Upon approval of a permit, the approved permitted use
constitutes a lawful use:
(1) while an appeal of the local authority's decision approving the
permit is pending; and
(2) that may not be affected by any subsequently adopted zoning
provisions.
If approval of the permit is upheld on final appeal, the permitted use
shall be allowed to be commenced within the extended two (2) year
period set forth in subsection (b).