Indiana House Bill 1531 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 17 2019 - 25% progression, died in committee
Action: 2019-01-17 - First reading: referred to Committee on Local Government
Pending: House Local Government Committee
Text: Latest bill text (Introduced) [PDF]

Local regulation of natural resource development. Provides that a municipal plan commission's inclusion in a comprehensive development plan of an unincorporated area within two miles of the corporate boundaries of the municipality does not authorize the municipal plan commission or a board of zoning appeals to regulate: (1) the sale or removal of merchantable timber; or (2) the extraction of mineral resources; on private property located in the unincorporated area. Provides, for purposes of a local planning and zoning law stating that a plan commission is not authorized to prevent the use and alienation of mineral resources or forests outside of urban areas, that an area in which there are at least 20 residences within a quarter mile square (instead of eight residences within a quarter mile square) is an "urban area." Prohibits a county, city, town, or township from regulating the sale or removal of merchantable timber on private property. Provides that a county, city, town, or township may charge a fee to a person who removes merchantable timber from private property, but provides that the fee may not exceed the fee that the unit charges in connection with a road cut or other access to a highway for purposes of new commercial construction. Provides that a county, city, town, or township may require a person who removes merchantable timber from private property to post a bond, but provides that the amount of the bond may not exceed the amount of the bond that the unit requires in connection with a road cut or other access to a highway for purposes of new commercial construction. Prohibits a county or municipality from regulating the extraction of mineral resources on private property located outside the corporate boundaries of a municipality.

Local regulation of natural resource development. Provides that a municipal plan commission's inclusion in a comprehensive development plan of an unincorporated area within two miles of the corporate boundaries of the municipality does not authorize the municipal plan commission or a board of zoning appeals to regulate: (1) the sale or removal of merchantable timber; or (2) the extraction of mineral resources; on private property located in the unincorporated area. Provides, for purposes of a local planning and zoning law stating that a plan commission is not authorized to prevent the use and alienation of mineral resources or forests outside of urban areas, that an area in which there are at least 20 residences within a quarter mile square (instead of eight residences within a quarter mile square) is an "urban area." Prohibits a county, city, town, or township from regulating the sale or removal of merchantable timber on private property. Provides that a county, city, town, or township may charge a fee to a person who removes merchantable timber from private property, but provides that the fee may not exceed the fee that the unit charges in connection with a road cut or other access to a highway for purposes of new commercial construction. Provides that a county, city, town, or township may require a person who removes merchantable timber from private property to post a bond, but provides that the amount of the bond may not exceed the amount of the bond that the unit requires in connection with a road cut or other access to a highway for purposes of new commercial construction. Prohibits a county or municipality from regulating the extraction of mineral resources on private property located outside the corporate boundaries of a municipality.

Rep. Jeff Ellington [R]

Date	Chamber	Action
2019-01-17	House	First reading: referred to Committee on Local Government
2019-01-17	House	Authored by Representative Ellington

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1531/details
Text	http://iga.in.gov/static-documents/f/c/7/a/fc7a1297/HB1531.01.INTR.pdf