Rep. Miller’s HB 1060 has passed out of committee on an 8-5 vote. It says that local government cannot adopt or enforce a law that prohibits or limits the use of a building product, material, or aesthetic method or imposes a construction standard for a building product, material, or aesthetic method so long as the product, material, or method is otherwise permitted under the state building code. This bill would result in local government having no ability to enforce aesthetic methods, allowing developers to build without adhering to locally-set requirements. Some communities don’t particularly want to live in a place with the cheapest available cookie-cutter construction. These kinds of decisions should be made by people who are locally accountable.
So, would this impact historic preservation commissions?
ECTION 1. IC 22-13-2-3.6 IS ADDED TO THE INDIANA CODE
This I answer your question
AS A
NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1, 2020]:
Sec. 3.6. (a) This section does not apply to the following:
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(1) A program established by a state agency that requires
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particular standards, incentives, or financing arrangements
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in order to comply with requirements of a state or federal
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funding source or housing program.
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(2) A requirement that a structure must satisfy to be eligible
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for windstorm or hail insurance coverage.
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(3) A structure that is listed or is within a district listed in the
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National Register of Historic Places maintained under the
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National Historic Preservation Act of 1966, as amended.
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(4) A structure that is listed or is within a district listed in the
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register of Indiana historic sites and historic structures under
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IC 14-21-1.
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(5) A structure that is listed or is within a historic, a historical,
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or an architectural district of a political subdivision.