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Ind. Code § 13-20-2-11

Zoning approval required for certain facility construction

Applied in 1 court decision — leading case Killbuck Concerned Citizens Ass'n Ex Rel. Kutschera v. J.M. Corp. (2011)

Most recently applied in Killbuck Concerned Citizens Ass'n Ex Rel. Kutschera v. J.M. Corp. (February 2011)

As added by P.L.114-2008, SEC.18.

Sec. 11. (a) This section applies only:

(1) in a county that zones under IC 36-7-4; and

(2) to a facility:

(A) for which the zoning required for the construction of the facility was approved before April 1, 1985;

(B) for which the department issued a valid construction permit under this chapter before April 1, 2008; and

(C) that did not accept waste before April 1, 2008.

(b) The person that holds the permit referred to in subsection (a)(2)(B) may begin or complete construction of the facility referred to in subsection (a)(2) only if after April 1, 2008, the zoning authority that has jurisdiction reviews and approves the:

(1) appropriateness; and

(2) legality;

of the zoning referred to in subsection (a)(2)(A) under the requirements of all applicable zoning laws existing at the time of the review.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.