§ 36-7-4-1109.4 — Review of permit application; notice of incomplete application; opportunity to cure defective application; written determination

Indiana § 36-7-4-1109.4

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

Text

4. (a) This section does not apply to the
issuance of:
(1) a design release or a plan review under IC 22-15;
(2) a Class 2 permit according to the timeline set forth in IC 36-2-7.5 (after December 31, 2025); or
(3) a permit according to the timeline set forth in section 1109(r)
of this chapter.
(b) A local authority shall review a permit application for
completeness. If a local authority determines that an application is
incomplete, the local authority must, not later than thirty (30) days after
receipt of the application, notify the applicant in writing of all defects
in the application. If a local authority fails to notify an applicant as
required under this subsection, the local authority shall consider the
permit application to be complete.
(c) An applicant that receives a timely written notice that an
application is incomplete under subsection (b) may:
(1) cure the defects in the application; and
(2) resubmit the corrected application to the local authority;
not later than thirty (30) days after receiving the notice. If an applicant
is unable to cure the defects within the thirty (30) day period, the
applicant shall notify the local authority of the additional time the
applicant requires to cure the defects.
(d) Subject to subsection (e), not more than ninety (90) days after
making an initial determination of completeness under subsection (b),
a local authority shall:
(1) review the application to determine if it complies with all
applicable requirements; and
(2) notify the applicant in writing whether the application is
approved or denied.
The local authority shall provide to the applicant the local authority's
written determination and findings of fact.
(e) If an applicant requested additional time under subsection (c) to
cure defects in the application, the ninety (90) day period set forth in
subsection (d) is extended for a corresponding amount of time.
(f) Any official action on a previously approved permit application,
including an extension of specific conditions set forth in the permit,
must be made not later than sixty (60) days after the applicant's filing
that initiated the official action. The local authority shall provide to the
applicant the local authority's written determination and findings of fact
with respect to the official action.

Legislative History

As added by P.L.202-2025, SEC.20. Amended by P.L.223-2025, SEC.15.