Indiana Code 36-7-30.2-12. Determination; alternative for mitigation
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Sec. 12. (a) The commander‘s determination that a land use activity adversely impacts the installation‘s military operations must be based upon the following findings:
(2) The adverse impacts to the current or planned military operations:
(1) The land use activity is likely to interfere with current or planned military operations. The commander must provide in the commander’s response any supporting facts concerning the land use activity’s adverse impact on current or planned military operations.
Terms Used In Indiana Code 36-7-30.2-12
- commander: means the commander of an installation or the commander's designee. See Indiana Code 36-7-30.2-2
- 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
- unit: means a county, city, or town. See Indiana Code 36-7-30.2-7
(A) cannot be mitigated; or
(B) may be mitigated, but the unit‘s proposal for the land use activity does not provide sufficient mitigation.
(b) The commander may, as part of the determination, include any recommended alternatives for mitigation of the adverse impacts.
As added by P.L.43-2023, SEC.4.