IC 36-7-2-12 — Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited
Chapter 2. General Powers Concerning Planning and Development
Section text
Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section. (b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may not adopt, impose, or enforce a regulation that: (1) mandates size requirements for or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27; or (2) is based on the age of a mobile home, a manufactured home, or an industrialized residential structure that will be installed on other private property; regardless of whether the mobile home community or other private property, in whole or in part constitutes a conforming structure or use or a legal, nonconforming structure or use. (c) Nothing in this section shall be construed to prohibit a unit from adopting or enforcing a requirement of a regulation related to: (1) transportation; (2) water and sewer service; or (3) another requirement concerning the use or development of land. (d) 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 (b); (B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (b), 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 (b), 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 (b); is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.
As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3; P.L.137-2023, SEC.13; P.L.9-2024, SEC.546.
Source: official publisher (2026 edition)