Indiana Land Use Planning (1-IN-a)
Land Use Planning Process
1-IN-a.1 – Land Use Planning Delegated to Municipalities and Counties
Indiana has no statewide land use planning process. Land use planning is delegated to municipal and county governments. Advisory Plan Commissions created by a county or municipality may adopt Land Use Plans (“LUP”) for all or some of the land governed. These LUPs are governed pursuant to Indiana Code § 36-7-4. The Indiana Land Resources Council (“ILRC”) is responsible for assisting the local commissions in creating LUPs if necessary.
A transmission developer may need to gain transmission line siting approval from local county or municipal governments. To expedite the process, the developer should check to see if the proposed project would cross land with an LUP, and if an LUP exists, whether the project would be consistent with the LUP. If the project is inconsistent with an LUP, the developer may request the local Advisory Plan Commission to grant an exception to the project or alter the LUP. If the Advisory Plan Commission refuses to grant the developer permission to construct on the proposed land, the developer may appeal to the ILRC to grant the developer an exemption to the LUP.
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