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Thursday, September 01, 2011

Ind. Gov't. - Significant changes were made to zoning laws by 2011 General Assembly

A reader sent the ILB this note the other day:

Little noticed in the press (unnoticed might be a better description) were the major revisions to the Planning and Zoning statutes by the General Assembly this year. For the legal community, it is probably interesting to note that the entire appeals process (the 1600-series) has been replaced with what I have been told is more in line with the “administrative orders and procedures” process the state is subject to in legal review.

There were a significant number of other changes in the first major rewrite of the statute since 1995, including a new requirement that BZA/Plan Commission members must recuse themselves not just if they have a direct or indirect financial interest, but also if they “are biased or prejudiced or otherwise unable to be impartial” (IC 36-7-4-223[c](1)).

The legislation is HEA 1311.

Posted by Marcia Oddi on September 1, 2011 01:57 PM
Posted to Indiana Government