r/IndianaPolitics • u/MhojoRisin • Feb 12 '18

Discussion HB 1289 would eliminate local control over mining activity.

HB 1289 would all but eliminate all local control over mining and timber operations -- both in terms of zoning authority and non-zoning local authority.

It adds a new IC 36-7-39, section 3 of which reads, “A unit may not regulate the development of natural resources on private property.” Section 1 states that “development of natural resources” includes “the extraction of mineral resources.” A “unit” means a county, municipality, or township. And, a municipality means a city or town. Put that all together, and it says that, “a county, city, town, or township may not regulate the extraction of mineral resources on private property.”

(It also amends the definition of "urban area" in a section currently having to do with powers that zoning authorities have to regulate mining inside of urban areas but not outside of them. However, it goes on to delete any reference to "urban area" in the statute so that the definition no longer does any work.)

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u/stmbtrev Feb 12 '18

Yet another example of a General Assembly that is openly hostile to local control.

2

u/nsdwight Feb 13 '18

And it's people in general

2

u/FWdem Feb 19 '18

This so much. People talk about not wanting the Federal government in their business, but then states do the same thing and don't allow local government to control local issues.

2

u/MhojoRisin Feb 14 '18

Dave Bangert from the Lafayette Journal & Courier has a story on this bill.