Sec. 10. (a) Before approving or funding a land use activity within a state area of interest, the unit must provide the commander with notice and an opportunity to review the proposed land use activity to determine if the proposal adversely impacts the installation‘s military operations.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 36-7-30.2-10

  • commander: means the commander of an installation or the commander's designee. See Indiana Code 36-7-30.2-2
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • installation: means the following military installations:

    Indiana Code 36-7-30.2-4

  • land use activity: means any of the following:

    Indiana Code 36-7-30.2-5

  • state area of interest: means an area comprised of land located:

    Indiana Code 36-7-30.2-6

  • unit: means a county, city, or town. See Indiana Code 36-7-30.2-7
     (b) The commander may inform the unit of those land use activities that the commander considers to be of concern for the installation’s military operations. The unit and commander may further define the land use activities that the commander wants:

(1) the unit to provide the commander notice of; and

(2) an opportunity to review.

     (c) The unit shall notify the commander in writing:

(1) of the proposed land use activity in reasonably sufficient detail for the commander to prepare a response; and

(2) that the unit may:

(A) presume that the proposed land use activity will not adversely impact the installation’s military operations; and

(B) proceed with approval and funding of the land use activity, unless the unit receives the commander’s written determination:

(i) that the land use activity adversely impacts the installation’s military operations as provided in section 12 of this chapter; and

(ii) not later than fifteen (15) days after the commander receives the notice.

As added by P.L.43-2023, SEC.4.