Indiana Code
Chapter 2. General Powers Concerning Planning and Development
36-7-2-12. Regulations Regulating Size or Age of Mobile Home, Manufactured Home, or Industrialized Residential Structure Prohibited

Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section.
(b) Unless required under IC 36-7-2-9 and notwithstanding IC 36-7-4-1106, a unit may not adopt, impose, or enforce a regulation that mandates size requirements for, or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27, regardless of whether the mobile home community, or any part of the mobile home community, constitutes:
(1) a conforming structure or use; or
(2) a legal, nonconforming structure or use.
(c) Nothing in this section shall be construed to prohibit a unit from adopting or enforcing a requirement of a regulation related to:
(1) transportation;
(2) water and sewer service; or
(3) another requirement concerning the use or development of land.
(d) Unless required under IC 36-7-2-9, after March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes a provision that violates, subsection (b);
(B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (b), regardless of when the regulation was originally adopted or imposed; or
(C) enforce a provision in a regulation adopted or imposed by the unit if the provision violates subsection (b), regardless of when the regulation or provision was originally adopted or imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit; and
(B) violates subsection (b);
is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.
As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3.