Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compliance with any standards set forth in sections 10 through 16 of this chapter that apply in the unit under section 1(a) of this chapter.

     (b) A unit may:

Terms Used In Indiana Code 8-1-41-9

  • permit authority: means :

    Indiana Code 8-1-41-4

  • unit: refers to :

    Indiana Code 8-1-41-6

  • wind power device: means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity. See Indiana Code 8-1-41-7
  • wind power regulation: refers to any ordinance or regulation, including any:

    Indiana Code 8-1-41-8

(1) adopt and enforce a wind power regulation that includes standards that:

(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit; and

(B) are less restrictive than the standards set forth in this chapter;

(2) waive or make less restrictive any standard set forth in this chapter with respect to any particular:

(A) wind power device; or

(B) project to install one (1) or more wind power devices in the unit; or

(3) waive or make less restrictive any standard that is not set forth in this chapter but that is included in a wind power regulation adopted by the unit with respect to any particular:

(A) wind power device; or

(B) project to install one (1) or more wind power devices in the unit.

     (c) This chapter does not affect a unit’s planning and zoning powers under IC 36-7 with respect to the permitting, construction, installation, or siting of one (1) or more wind power devices in the unit.

As added by P.L.90-2022, SEC.1.

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