Indiana Code
Chapter 32.3. Permits for Wireless Service Providers
8-1-32.3-21. Application for Substantial Modification of Wireless Support Structure; Requirements; Review for Completeness; Notification of Approval or Denial; Additional Time for Review

Sec. 21. (a) An application for a permit for substantial modification of a wireless support structure must include only the following:
(1) All information required by section 19 of this chapter.
(2) A construction plan that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.
(3) If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed substantial modification of a wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.
(4) If the proposed substantial modification of a wireless support structure is not a permitted use under an applicable zoning ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance in accordance with IC 36-7-4-918.4.
A permit authority may not require an applicant to submit information about, and may not evaluate an applicant's business decisions with respect to, the applicant's designed service, customer demand, service quality, or desired signal strength to a particular location.
(b) An application that contains the information required under subsection (a) is considered complete.
(c) A permit authority shall review an application within ten (10) business days of its receipt to determine if the application is complete. If a permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. If a permit authority does not notify an applicant in writing of all defects in the application, the application is considered complete.
(d) An applicant that receives a written notice under subsection (c) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(e) Subject to subsection (f), not more than ninety (90) days after making an initial determination of completeness under subsection (c), a permit authority shall:
(1) review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and
(2) notify the applicant in writing whether the application is approved or denied.
(f) Notwithstanding the ninety (90) day period set forth in subsection (e), the following apply:
(1) If the applicant requested additional time under subsection (d) to cure defects in the application, the ninety (90) day period set forth in subsection (e) is extended for a corresponding amount of time.
(2) If the application for the proposed substantial modification of a wireless support structure requires a variance of use from the terms of an applicable zoning ordinance in accordance with IC 36-7-4-918.4, the permit authority may have not more than thirty (30) additional days to comply with subsection (e).
As added by P.L.145-2015, SEC.3.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 32.3. Permits for Wireless Service Providers

8-1-32.3-1. "Antenna"

8-1-32.3-2. "Base Station"

8-1-32.3-3. "Business Day"

8-1-32.3-4. "Collocation"

8-1-32.3-4.2. "Communications Service Provider"

8-1-32.3-5. "Electrical Transmission Tower"

8-1-32.3-6. "Equipment Compound"

8-1-32.3-7. "Existing Structure"

8-1-32.3-7.5. "Micro Wireless Facility"

8-1-32.3-8. "Permit Authority"

8-1-32.3-9. "Small Cell Facility"

8-1-32.3-10. "Small Cell Network"

8-1-32.3-11. "Substantial Modification of a Wireless Support Structure"

8-1-32.3-12. "Utility Pole"

8-1-32.3-12.5. "Wireless Communications Service"

8-1-32.3-13. "Wireless Facility"

8-1-32.3-14. "Wireless Support Structure"

8-1-32.3-15. Permits; Exemptions; Areas Designated for Underground or Buried Utilities; Notice of Permit Applications; Neighborhood Specific Guidelines; Historic Preservation Districts and Areas; Identification of Owner of Small Cell Facility and Sup...

8-1-32.3-16. Application Fees; Prohibited Unless Required for Similar Types of Development; Limitations

8-1-32.3-17. Discrimination Among Providers or Utilities Prohibited; Limits on Fall Zone Requirements; Maximum Height Restrictions or Minimum Separation Distance Requirements Prohibited

8-1-32.3-18. Zoning, Land Use, Planning, and Permitting Authority Not Affected; Land Use Laws and Ordinances Apply

8-1-32.3-19. Eligible Applicants; Application Requirements

8-1-32.3-20. Application to Construct New Wireless Support Structure; Requirements; Review for Completeness; Notification of Approval or Denial; Additional Time for Review

8-1-32.3-21. Application for Substantial Modification of Wireless Support Structure; Requirements; Review for Completeness; Notification of Approval or Denial; Additional Time for Review

8-1-32.3-22. Application for Collocation; Requirements; Conformance With Building Permit Requirements; Consolidated Application; Review for Completeness; Notification of Approval or Denial; Additional Time for Review

8-1-32.3-23. Written Notice of Approval or Denial; Basis for Decision; Application Considered Approved Upon Authority's Failure to Act

8-1-32.3-24. Guidelines to Protect Confidential or Proprietary Information

8-1-32.3-25. Utility Poles and Electrical Transmission Towers; Requirements and Regulations Prohibited

8-1-32.3-26. Small Cell Facilities; Exemption for Placement in Right-of-Way; Small Cell Networks; Application Fees; Permit Authority's Proposed Alternative Location; Procedures and Time for Review; Prohibited Acts by Permit Authority; Safety Regulati...

8-1-32.3-27. Collocation on Privately Owned Utility Poles, Wireless Support Structures, or Property; Owner's Consent; Utility Poles and Wireless Support Structures Owned, Controlled, or Operated by Public Utility