Indiana Code
Chapter 42. Default Standards for Commercial Solar Energy Systems
8-1-42-9. 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 20 of this chapter that apply in the unit under section 1(a) of this chapter.
(b) A unit may:
(1) adopt and enforce a commercial solar regulation that includes standards that:
(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems 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) CSE system; or
(B) project to install one (1) or more CSE systems 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 commercial solar regulation adopted by the unit with respect to any particular:
(A) CSE system; or
(B) project to install one (1) or more CSE systems 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 CSE systems in the unit.
As added by P.L.90-2022, SEC.2.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 42. Default Standards for Commercial Solar Energy Systems

8-1-42-1. Applicability; "Solar Energy Ready Community"

8-1-42-2. "Commercial Solar Energy System"

8-1-42-3. "Commercial Solar Regulation"

8-1-42-4. "Dwelling"

8-1-42-5. "Nonparticipating Property"

8-1-42-6. "Permit Authority"

8-1-42-7. "Project Owner"

8-1-42-8. "Unit"

8-1-42-9. 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

8-1-42-10. Setback Requirements; Highways, Collector Roads, and Local Roads; Nonparticipating Properties; Landscape Buffer; Height Restriction; Waiver of Setback and Buffer Requirements With Consent of Nonparticipating Property Owner

8-1-42-11. Ground Cover; Vegetation Plan

8-1-42-12. Fencing

8-1-42-13. Underground Cables; Aboveground Infrastructure; Depth of Buried Cables; Cables and Lines Outside of Project Site

8-1-42-14. Glare Minimization; Adjacent Properties and Roadways; Vehicular Traffic

8-1-42-15. Signal Interference

8-1-42-16. Sound Level Limitations; Waiver of Requirement With Consent of Owners of Adjacent Nonparticipating Properties

8-1-42-17. Damage to Drainage Infrastructure; Repair; Installation of New Infrastructure

8-1-42-18. Decommissioning and Site Restoration Plan; Posting of Surety Bond or Equivalent Security; Required Posting Increments; Adjustment of Bond or Security After Periodic Reevaluation of Decommissioning Costs; Costs to Be Net of Estimated Salvag...

8-1-42-19. Cse System's Failure to Generate Electricity; Presumed Abandonment; Required Removal of Project Assets; Project Owner's Failure to Remove Assets; Removal of Assets by Permit Authority; Recovery of Costs

8-1-42-20. "Force Majeure Event"; Cessation of Electricity Generation; Project Owner's Notice to Permit Authority; Failure to Resume Operations; Presumed Abandonment; Project Owner's Failure to Remove Assets; Removal of Assets by Permit Authority; Re...