Indiana Code
Chapter 2. Powers of Department
13-14-2-9. Modification of Restrictive Covenants; Recovery of Expenses Incurred

Sec. 9. (a) This section applies to a restrictive covenant created in connection with a remediation project conducted under:
(1) IC 13-23;
(2) IC 13-24;
(3) IC 13-25-4; or
(4) IC 13-25-5.
(b) If:
(1) a change of conditions or an advancement in science or technology permits a modification of the conditions and restrictions imposed by a restrictive covenant; and
(2) the modification of the conditions and restrictions imposed by the restrictive covenant would not increase the potential hazards to human health or the environment;
the commissioner may, under subsection (c), authorize the filing in the office of the county recorder of a supplemental recording recognizing the modification of the conditions and restrictions of the restrictive covenant to reflect the change in conditions or advancement in science or technology.
(c) The commissioner may authorize the filing of a supplemental recording under subsection (b) if the owner of the real property that is subject to the restrictive covenant submits to the department:
(1) a written request for the modification of the covenant;
(2) a copy of the proposed modification of the restrictive covenant; and
(3) information indicating why the covenant should be modified.
The information submitted under subdivision (3) must be sufficient to enable the department to determine whether the proposed modification of the restrictive covenant will increase the potential hazards to human health or the environment. The commissioner may request additional information from the owner of the real property if necessary to the making of a determination under this subsection.
(d) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 providing for the recovery of administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under this section.
As added by P.L.220-2014, SEC.8.