Indiana Code
Chapter 41. Default Standards for Wind Power Devices
8-1-41-9. Permit Authority Responsible for Enforcing Compliance With Standards; Authority to Adopt Less Restrictive Standards or to Waive or Make Less Restrictive Existing Standards; Unit's Planning and Zoning Powers Not Affected

Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compliance with any standards set forth in sections 10 through 16 of this chapter that apply in the unit under section 1(a) of this chapter.
(b) A unit may:
(1) adopt and enforce a wind power regulation that includes standards that:
(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit; and
(B) are less restrictive than the standards set forth in this chapter;
(2) waive or make less restrictive any standard set forth in this chapter with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in the unit; or
(3) waive or make less restrictive any standard that is not set forth in this chapter but that is included in a wind power regulation adopted by the unit with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in the unit.
(c) This chapter does not affect a unit's planning and zoning powers under IC 36-7 with respect to the permitting, construction, installation, or siting of one (1) or more wind power devices in the unit.
As added by P.L.90-2022, SEC.1.

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