Indiana Code 16-41-27-32. “Regulation”; licensing and regulation by local authorities prohibited; exceptions; regulations based on age or size void and unenforceable after March 14, 2022
(1) ordinance, including any:
Terms Used In Indiana Code 16-41-27-32
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- industrialized residential structure: means a structure that is both an industrialized building system (as defined in IC 22-12-1-14) and a one (1) or two (2) family private residence. See Indiana Code 16-41-27-2.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- manufactured home: has the meaning set forth in IC 22-12-1-16. See Indiana Code 16-41-27-3.5
- mobile home: means a dwelling, including the equipment sold as a part of the dwelling, that:
Indiana Code 16-41-27-4
- mobile home community: means one (1) or more parcels of land:
Indiana Code 16-41-27-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(B) general or specific planning ordinance;
(2) regulation, including any:
(A) zoning or land use regulation; or
(B) general or specific planning regulation;
(3) requirement; or
(4) restriction;
that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
(b) A governmental body other than the state department may not license or regulate mobile home communities, except for the following:
(1) Local boards may enforce the standards of health and sanitation prescribed for mobile homes, manufactured homes, industrialized residential structures, and mobile home communities by the state department.
(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and subsections (d) and (f), county and municipal authorities within their respective jurisdictions have jurisdiction regarding zoning and building codes and ordinances pertaining to mobile home communities.
(3) Local boards may regulate the construction and operation of groups of a combined total of not more than four (4) mobile homes, manufactured homes, and industrialized residential structures in accordance with standards that are compatible with standards set by the state department for mobile home communities.
(c) A governmental body other than the state department may not regulate mobile homes, manufactured homes, or industrialized residential structures regarding habitability or minimum housing conditions unless the regulation is applicable in the same manner to other forms of residential housing in the jurisdiction.
(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a governmental body may not regulate or restrict, by regulation or otherwise, the installation, use, occupancy, movement, renovation, relocation, or replacement of a mobile home, a manufactured home, or an industrialized residential structure within a mobile home community based upon the age or size of the mobile home, manufactured home, or industrialized residential structure or other private property based upon the age of the mobile home, manufactured home, or industrialized residential structure regardless of whether:
(1) the mobile home, manufactured home, or industrialized residential structure;
(2) the lot or site, or any part of the lot or site, on which the mobile home, manufactured home, or industrialized residential structure is located or installed, or will be located or installed; or
(3) the mobile home community or other private property, in whole or in part, in which the mobile home, manufactured home, or industrialized residential structure is located or installed, or will be located or installed;
constitutes a conforming structure or use, or a legal, nonconforming structure or use.
(e) A government body may not regulate or restrict the ability of a:
(1) mobile home community:
(A) owner; or
(B) manager; or
(2) manufactured home community:
(A) owner; or
(B) manager;
to obtain a dealer’s license or to sell a mobile home, manufactured home, or industrialized residential structure located within the owner’s or manager’s mobile home community or manufactured housing community.
(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes a provision that violates, subsection (d);
(B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (d), regardless of when the regulation was originally adopted or imposed; or
(C) enforce a provision in a regulation adopted or imposed by the unit if the provision violates subsection (d), regardless of when the regulation or provision was originally adopted or imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit; and
(B) violates subsection (d);
is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.
[Pre-1993 Recodification Citation: 13-1-7-38.]
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.28; P.L.136-2017, SEC.3; P.L.168-2020, SEC.14; P.L.53-2022, SEC.1; P.L.56-2023, SEC.162; P.L.137-2023, SEC.1.