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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 1109.4. (a) This section does not apply to the issuance of:
(1) a design release or a plan review under IC 22-15;
(2) a Class 2 permit according to the timeline set forth in IC 36-2-7.5 (after December 31, 2025); or
(3) a permit according to the timeline set forth in section 1109(r) of this chapter.
(b) A local authority shall review a permit application for completeness. If a local authority determines that an application is incomplete, the local authority must, not later than thirty (30) days after receipt of the application, notify the applicant in writing of all defects in the application. If a local authority fails to notify an applicant as required under this subsection, the local authority shall consider the permit application to be complete.
(c) An applicant that receives a timely written notice that an application is incomplete under subsection (b) may:
(1) cure the defects in the application; and
(2) resubmit the corrected application to the local authority;
not later than thirty (30) days after receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the local authority of the additional time the applicant requires to cure the defects.
(d) Subject to subsection (e), not more than ninety (90) days after making an initial determination of completeness under subsection (b), a local authority shall:
(1) review the application to determine if it complies with all applicable requirements; and
(2) notify the applicant in writing whether the application is approved or denied.
The local authority shall provide to the applicant the local authority's written determination and findings of fact.
(e) If an applicant requested additional time under subsection (c) to cure defects in the application, the ninety (90) day period set forth in subsection (d) is extended for a corresponding amount of time.
(f) Any official action on a previously approved permit application, including an extension of specific conditions set forth in the permit, must be made not later than sixty (60) days after the applicant's filing that initiated the official action. The local authority shall provide to the applicant the local authority's written determination and findings of fact with respect to the official action.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-1109.4 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-1109-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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