Reprinted

March 2, 2006





ENGROSSED

SENATE BILL No. 35

_____


DIGEST OF SB 35 (Updated March 1, 2006 5:23 pm - DI 73)



Citations Affected: IC 36-7.

Synopsis: Provides that, with certain exceptions, the granting of building permits, approvals for construction or development, and certain other permits is governed for at least three years after a person applies for a permit by the law, rules, and approvals in effect at the time that the applicant applies for the permit. Specifies that the provisions concerning application of laws, rules, and regulations in effect at the time of application for a permit do not apply if the development or other activity to which the permit relates is not completed within seven years after the development or activity is commenced.

Effective: Upon passage.





Long, Simpson
(HOUSE SPONSORS _ WOLKINS, MOSES)




    January 9, 2006, read first time and referred to Committee on Rules and Legislative Procedure.
    January 19, 2006, amended; reassigned to Committee on Judiciary.
    January 26, 2006, amended, reported favorably _ Do Pass.
    February 1, 2006, read second time, amended, ordered engrossed.
    February 2, 2006, engrossed. Read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 7, 2006, read first time and referred to Committee on Local Government.
    February 23, 2006, amended, reported _ Do Pass.
    March 1, 2006, read second time, amended, ordered engrossed.





Reprinted

March 2, 2006

Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 35



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-7-4-1109; (06)ES0035.2.1. -->     SECTION 1. IC 36-7-4-1109 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1109. (a) As used in this section, "local governmental agency" includes any agency, officer, board, or commission of a local unit of government that may issue:
        (1) a permit; or
        (2) an approval of a land use or an approval for the construction of a development, a building, or another structure.
    (b) 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 conditional use, special exception or special use.
        (7) Approval of a planned unit development.
    (c) If a person files a complete application as required by the effective ordinances or rules of a local governmental agency for a permit with the appropriate local governmental agency, the granting of the permit, and the granting of any secondary, additional, or related permits or approvals required from the same local governmental agency with respect to the general subject matter of the application for the first permit, are governed for at least three (3) years after the person applies for the permit by the statutes, ordinances, rules, development standards, and regulations in effect and applicable to the property when the application is filed, even if before the issuance of the permit or while the permit approval process is pending, or before the issuance of
any secondary, additional, or related permits or approvals or while the secondary, additional, or related permit or approval process is pending, the statutes, ordinances, rules, development standards, or regulations governing the granting of the permit or approval are changed by the general assembly or the applicable local legislative body or regulatory body. However, this subsection does not apply if the development or other activity to which the permit relates is not completed within seven (7) years after the development or activity is commenced.
    (d) Subsection (e) applies if:
        (1) either:
            (A) a local governmental agency 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 governmental agency 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 by the local governmental agency.
    (e) Subject to subsection (f), if the conditions of subsection (d) are satisfied:
        (1) a permit or approval issued or granted to a person by the

local governmental agency 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 governmental agency;
is governed for at least three (3) years after the person applies for the permit by the statutes, ordinances, rules, development standards, regulations, and approvals 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, even if before the commencement of the construction or while the permit application or approval request is pending with the state governmental agency the statutes governing the granting of the permit or approval from the local governmental agency are changed by the general assembly or the ordinances, rules, development standards, or regulations of the local governmental agency are changed by the applicable local legislative body or regulatory body.
However, this subsection does not apply if the development or other activity to which the permit or approval request relates is not completed within seven (7) years after the development or activity is commenced.
    (f) Subsection (d) does not apply to property when it is demonstrated by the local or state governmental agency that the construction of the development, building, or structure would cause imminent peril to life or property.

     (g) This section does not apply to building codes under IC 22-13.

SOURCE: ; (06)ES0035.2.2. -->     SECTION 2. An emergency is declared for this act.