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The Indiana Legislature

Legislative

Enhanced Planning Communication and Notification
The Military Base Protection Act, Indiana Code §36-7-30.1 et seq., requires a unit of local government to notify the commander of a military base located in the unit before the unit takes action concerning planning or zoning within three miles of the perimeter of the military base. The Act requires the commander to respond within 15 days of receiving notice. Furthermore, a local government unit is prohibited from taking action that: (1) concerns planning or zoning; and (2) is adverse to a military base; within three miles of the perimeter of the military base.

IN Code §36-7-30.1 et seq.

Immunity for Noise Pollution and Telecommunications Interference
Indiana H.B. 1022 of 2005 provides immunity from civil liability for military bases for damages relating to: (1) noise that results from the operation of the military base that may be heard within two miles of the military base; and (2) interference with telecommunications that results from the operation of the military base and occurs within five miles of the military base.

H.B. 1022 of 2005

Commission on Military and Veterans Affairs 
Indiana Code §2-5-20 established the Commission on Military and Veterans Affairs in the Legislature. The Commission’s duties include:

•  Studying issues relating to veterans, active and reserved members of the armed forces and other topics as assigned
•  Submitting annual report on the Commission's activities and results by November 1 

Legislative staff is assigned by the Legislative Services Agency to assist the Commission in their duties. 

IN Code §2-5-20
2009 Annual Report

Purchase of Real Estate for Military Purposes
Indiana S.B. 248 of 2011 expands the powers of the state armory board by allowing the state armory board to purchase real estate throughout the state for military purposes beyond providing armories. The measure also allows the state armory board to erect “other appropriate structures” that are not armories for the purpose of meetings and drills. 

S.B. 248 of 2011
Indiana Military Code

Open Space/Conservation

Forest Legacy Program
The Division of Forestry administers the state’s Forest Legacy Program.  The program is intended to protect forest areas that are threatened by conversion to non-forest uses through fee simple title or conservation easement purchases.

Resource Link

Heritage Trust Program
Administered by the Department of Natural Resources, the Indiana Heritage Trust Program was created in 1995 (Indiana Code §14-12-2) to acquire real property or interests in real property that is an example of outstanding natural features and habitats; has historical and archeological significance; and provides areas for conservation, recreation, and the restoration of native biological diversity.  The program receives funding from state general fund appropriations and the sales of environmental license plates, along with private contributions.

Resource Link
Resource Link

Uniform Conservation Easement Act
Indiana Code §32-23-5 provides for the state’s Uniform Conservation Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.

Resource Link


Real Estate Disclosure Requirements

Indiana’s Residential Real Estate Sales Disclosure Law (IC 32-21-5) provides that an owner must disclose that an airport is located within a geographical distance from the property as determined by the Indiana Real Estate Commission.  The Commission may consider the differences between an airport serving commercial airlines and an airport that does not service commercial airlines in determining the distance to be disclosed.

IC 32-21-5


Administrative

Military Base Council
Indiana Code §4-3-21 et seq. (H.B. 1022 of 2005) provides for the Military Base Council was to study and report to the Governor and the Legislative Services Agency annually on various issues relating to military bases in Indiana.  Specifically, the Council is tasked with:

•  Identifying the public infrastructure and other community support necessary to improve mission efficiencies and for the development and expansion of military bases in Indiana;
Identifying existing and potential impacts of encroachment on military bases in Indiana; 
•  Identifying potential state and local government actions that can minimize the impacts of encroachment on and enhance the long term potential of military bases;
•  Identifying opportunities for collaboration among the state, including the military department of the state, political subdivisions, military contractors, and academic institutions to enhance the economic potential of military bases and the economic benefits of military bases to the state;
•  Studying how governmental entities outside Indiana have addressed issues regarding encroachment and partnership formation.

The Council is chaired by the Lieutenant Governor and its membership includes legislators whose districts contain all or part of a military base, representatives of several state agencies, and local government officials.

Indiana Code §4-3-21 et seq.
Military Base Planning Council

Office of Defense Development
The Office of Defense Development helps develop and promote Indiana’s defense and Homeland Security industries, by providing information and resources to companies and educational institutions seeking federal contracts.

Resource Link

​Office of Energy and Defense Development
The Indiana Office of Energy & Defense Development (OED) was established to shepherd the state’s energy plan. Realizing that sound energy policy has a significant impact on economic development, OED guides efforts to find homegrown energy solutions for our nation’s armed forces, as well as assisting and promoting economic development in Indiana in the defense and energy industries.

Resource Link

State Contact Information

Military Liaison POC
Mr. Duane Embree, Director
Office of Defense Development
101 West Kirkwood Avenue, Suite310
Bloomington, Indiana 47404
(812) 822-3341
dembree@iodd.in.gov

Adjutant General
Major General R. Martin Umbarger, Adjutant General
Attention: MDI-AG
2002 South Holt Road
Indianapolis, Indiana  46241-4839
(317) 247-3559
(317) 247-3540 fax
R.martin.Umbarger@in.ngb.army.mil

Legislative Process Regarding Military POCs
The Commission on Military and Veterans Affairs, chaired by State Senator Thomas Wyss, is responsible for studying matters relating to veterans and veterans affairs and matters relating to the active and reserve members of the armed forces of the United States.  The Senate Committee on Homeland Security, Transportation and Veterans Affairs and the House Committee on Veterans Affairs and Public Safety also serve as committees of jurisdiction over military affairs issues.  

Additionally, the Military Base Planning Council was created to study and report to the Governor and the Legislative Services Agency annually on various issues relating to military bases in Indiana.  The Council is chaired by the Lieutenant Governor and is under the jurisdiction of the Office of Energy and Defense Development in the Lieutenant Governor’s office.

Committees of Primary Jurisdiction/Legislative Contact
Commission on Military and Veterans Affairs
Senator Allen Paul, Chairman
200 W. Washington Street
Indianapolis, Indiana  46204
(317) 232-9400 

Commission Staff:
Ms. Francine Rowley-Lacy, Attorney
Ms. Lauren Sewell, Fiscal Analyst
200 W. Washington St., Suite 301
Indianapolis, Indiana 46204
(317) 233-0696
(317) 232-2554 fax

Senate Committee on Homeland Security, Transportation and Veterans Affairs 
Senator Thomas Wyss, Chairman
200 W. Washington Street
Indianapolis, Indiana  46204
(317) 232-9400

House Committee on Veterans Affairs and Public Safety
Representative Randall Frye, Chair
200 W. Washington Street
Indianapolis, Indiana 46204
(317) 232-9600
h67@in.gov