Sec. 702. (a) In determining whether to grant primary
approval of a plat, the plan commission (or plat committee acting on
the commission's behalf) shall determine if the plat or subdivision
qualifies for primary approval under the standards prescribed by the
subdivision control ordinance.
(b) The subdivision control ordinance must specify the standards for
determining whether a plat qualifies for primary approval. The
ordinance must include standards for:
(1) minimum width, depth, and area of lots in the subdivision;
(2) public way widths, grades, curves, and the coordination of
subdivision public ways with current and planned public ways;
and
(3) the extension of water, sewer, and other municipal services.
The ordinance may also include standards for the allocation of areas to
be used as public ways, parks, schools, public and semipublic
buildings, homes, businesses, and utilities, and any other standards
related to the purposes of this chapter.
(c) The standards fixed in the subdivision control ordinance under
subsection (b) may be waived at the discretion of the plan commission
(or plat committee acting on the commission's behalf); however, to be
approved, the plat must still meet all applicable standards prescribed
in the zoning ordinance (other than standards modified by variance in
accordance with the 900 series of this chapter). As a condition of
granting a waiver under this subsection, the commission or committee
may allow or require a commitment to be made under section 1015 of
this chapter.
(d) As a condition of primary approval of a plat, the commission or
committee may specify:
(1) the manner in which public ways shall be laid out, graded, and
improved;
(2) a provision for water, sewage, and other utility services;
(3) a provision for lot size, number, and location;
(4) a provision for drainage design; and
(5) a provision for other services as specified in the subdivision
control ordinance.
(e) The subdivision control ordinance may not regulate
condominiums regulated by IC 32-25.
(f) A subdivision control ordinance must require a unit to use data
from the most recent:
(1) Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps; and
(2) National Oceanic and Atmospheric Administration Atlas
Precipitation-Frequency Atlas of the United States;
to calculate and regulate storm water runoff from a developed or
undeveloped plat. A unit must use data regarding a location that is in
the closest proximity to the developed or undeveloped plat under
consideration. If a unit must use data regarding a location within a
neighboring state due to the lack of available data regarding a nearby
location, then the unit must use data regarding a location within the
state that is in closest proximity to the developed or undeveloped plat
under consideration.
[Pre-Local Government Recodification Citations: 18-7-2-49;
18-7-4-702; 18-7-4-56; 18-7-5-47 part; 18-7-5-49.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1982, P.L.211, SEC.6; P.L.2-2002, SEC.109; P.L.126-2011, SEC.17;
P.L.172-2025, SEC.1.
Notes of Decisions
Robert Lynn Co. v. Town of Clarksville Bd. of Zoning Appeals, 867 N.E.2d 660 (Ind. Ct. App. 2007).
· cites it 10× “Indiana Code Section 36-7-4-702 provides in pertinent part, (a) In determining whether to grant primary approval of a plat, the plan commission shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control…”
Cundiff v. Schmitt Dev. Co., 649 N.E.2d 1063 (Ind. Ct. App. 1995).
· cites it 3× “" I.C. § 36-7-4-702(a). Then: (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and a decision granting primary approval to the…”
Fulton Cnty. Advisory Plan Comm'n v. Groninger, 810 N.E.2d 704 (Ind. 2004).
· cites it 2× “Ind.Code § 36-7-4-702(b) (2002) provides that a subdivision control ordinance "must specify the standards by which the commission determines whether a plat qualifies for primary approval.”
City of Charlestown Advisory Plan. Comm'n v. KBJ, LLC, 879 N.E.2d 599 (Ind. Ct. App. 2008).
· cites it 2× “” Ind.Code § 36-7-4-702(a). In this case, all parties concede that the re-plat does not comport to Charlestown’s subdivision control ordinance; rather it complies with the subdivision control ordinance under which it was given primary *602 and secondary plat approval — that of…”
Van Vactor Farms, Inc. v. Marshall Cnty. Plan Comm'n, 793 N.E.2d 1136 (Ind. Ct. App. 2003).
“CODE § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
Plan Comm'n for Floyd Cnty. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
· cites it 2× “Cope § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
Elpers Bros. Constr. & Supply v. Deane L. Smith, II, 230 N.E.3d 920 (Ind. Ct. App. 2024).
· cites it 4× “For instance, Ind. Code § 36-7-4-702 provides: (d) As a condition of primary approval of a plat, the commission or committee may specify: (1) the manner in which public ways shall be laid out, graded, and improved; (2) a provision for water, sewage, and other utility services;…”
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
· cites it 2× “CODE § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
LBL Dev., LLC v. St. John Plan Comm'n, 224 N.E.3d 947 (Ind. Ct. App. 2023).
· cites it 2× “[25] The Commission’s written findings required by Indiana Code § 36-7-4-702 do not even mention the BLB order.”
Ind. Code § 36-7-4-702(a): 4 cases
Robert Lynn Co. v. Town of Clarksville Bd. of Zoning Appeals, 867 N.E.2d 660 (Ind. Ct. App. 2007).
“Indiana Code Section 36-7-4-702 provides in pertinent part, (a) In determining whether to grant primary approval of a plat, the plan commission shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control…”
Cundiff v. Schmitt Dev. Co., 649 N.E.2d 1063 (Ind. Ct. App. 1995).
“" I.C. § 36-7-4-702(a). Then: (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and a decision granting primary approval to the…”
City of Charlestown Advisory Plan. Comm'n v. KBJ, LLC, 879 N.E.2d 599 (Ind. Ct. App. 2008).
“” Ind.Code § 36-7-4-702(a). In this case, all parties concede that the re-plat does not comport to Charlestown’s subdivision control ordinance; rather it complies with the subdivision control ordinance under which it was given primary *602 and secondary plat approval — that of…”
Ind. Code § 36-7-4-702(b): 5 cases
Fulton Cnty. Advisory Plan Comm'n v. Groninger, 810 N.E.2d 704 (Ind. 2004).
“Ind.Code § 36-7-4-702(b) (2002) provides that a subdivision control ordinance "must specify the standards by which the commission determines whether a plat qualifies for primary approval.”
Cundiff v. Schmitt Dev. Co., 649 N.E.2d 1063 (Ind. Ct. App. 1995).
“" I.C. § 36-7-4-702(a). Then: (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and a decision granting primary approval to the…”
Van Vactor Farms, Inc. v. Marshall Cnty. Plan Comm'n, 793 N.E.2d 1136 (Ind. Ct. App. 2003).
“CODE § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
Plan Comm'n for Floyd Cnty. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“Cope § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“CODE § 36-7-4-702(b). These standards may address a variety of factors, but must address the minimum width, depth, and area of lots in the subdivision; the width, grade, and curves of streets in the subdivision and the coordination of those streets with other existing or planned…”
Ind. Code § 36-7-4-702(c): 1 case
Robert Lynn Co. v. Town of Clarksville Bd. of Zoning Appeals, 867 N.E.2d 660 (Ind. Ct. App. 2007).
“Indiana Code Section 36-7-4-702 provides in pertinent part, (a) In determining whether to grant primary approval of a plat, the plan commission shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control…”
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