Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 1 - GENERAL PROVISIONS
Rule 2 - Restrictive Covenants
Section 2-4 - Modification or termination application
Universal Citation: 329 IN Admin Code 2-4
Current through September 18, 2024
Authority: IC 13-14-2-9; IC 13-25-4-1; IC 13-25-4-2
Affected: IC 13-14-2-9
Sec. 4.
(a) An application for modification or termination of a restrictive covenant must be submitted to the commissioner on forms provided by the department. To be considered complete, the following information must be included:
(1) A copy of the proposed modification or
termination.
(2) An explanation of
the change in condition or advancement of science and technology that permits
the modification or termination.
(3) Third party contact information based on:
(A) required approvals from the original
restrictive covenant; or
(B)
approval required by a court action.
(4) A copy of written approval for the
requested modification or termination from:
(A) the property owner, if different than the
applicant; and
(B) any third party
as required by:
(i) the original restrictive
covenant; or
(ii) a court
action.
(b) In accordance with IC 13-14-2-9(c), the commissioner may request additional information to make a determination on the modification or termination request.
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