The law's supporters say it will alleviate Monroe County's housing problem, but critics point to the high cost of developing on slopes and the risk of erosion.
(Devan Ridgway / WFIU-WTIU)
This story has been updated.
Secluded and nestled in forested slopes, the shore of Lake Lemon is an attractive destination for homebuyers. But Jackie Jelen, director of the Monroe County Planning Department, said those steep hills can create expenses during construction and problems with erosion.
Jackie Jelen, Director of the Monroe County Planning Department, worries the new law could increase erosion and raise costs for county taxpayers. (Ethan Sandweiss, WFIU/WTIU News)
Until this month, Monroe County had an ordinance that limited development on slopes steeper than 15 percent. House Enrolled Act 1108 prevents local governments from prohibiting development on slopes less than 25 percent. The Bloomington Economic Development Corporation and Chamber of Commerce supported the bill which became law when Governor Eric Holcomb signed it last Monday. The bill will go into effect July 1.
President of the Chamber Eric Spoonmore said it could provide more housing opportunities for Bloomington’s growing workforce.
Eric Spoonmore, president of the Bloomington Chamber of Commerce, said HEA 1108 isn't a "silver bullet" solution to the county's housing problems, but it helps. (Clayton Baumgarth, WFIU/WTIU News)
“What we were really looking for is just another mechanism to make it easier to construct the much-needed housing that we need here in Monroe County,” he said.
Author of the bill, State Rep. Dave Hall (R-Norman), said his law will address Monroe County’s available and affordable housing shortage. District 62, the area he represents, covers parts of the county, including areas around Lake Lemon.
“We aim to free up more land for development, which will increase the supply of housing to lower housing costs and bring the dream of homeownership within reach of a greater number of Hoosiers,” he said.
Lack of affordable housing is an ongoing issue in Monroe County, where 60 percent of households are considered cost-burdened and median home prices are higher than comparable counties, according to a Regional Opportunities Initiatives study. In a Chamber of Commerce survey of local businesses, 35 percent listed housing availability as one of the top three issues impacting the business community.
Hall said voters brought up the slope issue when he went door to door in Monroe County before the 2022 election. His opponent, Democrat Penny Githens, lost the district by just 40 votes. Githens, who serves as a Monroe County Commissioner, said House Bill 1108 was the first she’d heard of the problem.
Monroe County Commissioner Penny Githens testified against HB 1008 at the statehouse alongside fellow commissioner Julie Thomas. (Ethan Sandwess, WFIU/WTIU News)
“I had people talking to me about the convention center. I had people talking to me about guns. I had people talking to me about reproductive rights,” she said. “I never heard a single person say anything like that.”
Githens and other commissioners passed the ordinance addition in 2015, following guidance from the Indiana Department of Environmental Management against erosion, excessive storm water runoff and degradation of surface water.
IDEM recommends building on slopes greater than 15 percent should be avoided whenever feasible and building on slopes greater than 25 percent should be avoided altogether.
Monroe is the only county in Indiana with such an ordinance, partially due to its hills and diverse soil. Jelen said it saved property owners from performing a time-consuming soil analysis.
“We have a blanket 15 percent restriction on steep slope buildings so that they can hopefully build on any soil type but within a certain percent to reduce the risk of soil erosion,” she said.
Dredging Lake Lemon in 2021. Artificial lakes like this one are more prone to siltation, especially from erosion. (FILE PHOTO: WTIU News)
Builders who wanted to construct on slopes could apply for a variance or waiver. Since the ordinance was passed, 57 variance requests went before the Board of Zoning appeals. Only six were denied. The Planning Department issued 63 waivers during the same period.
Because of deregulation, Jelen predicts additional burdens on county government.
“We're just going to have to be out in the field more do more enforcement, which is not how we want to interact with the public,” she said. “We'd rather prevent problems than address problems after they've already occurred.”
She anticipates the Storm Water Program and the Planning Department each hiring a new employee to inspect construction sites for compliance. A fulltime stormwater inspector makes a base salary just under $50,000 and a zoning inspector makes slightly over $47,000, according to the county.
The new law doesn’t override other prohibitions, such as building around a drinking water source or nature preserve. That means Lake Monroe and Lake Griffy reservoir areas are protected, but Lake Lemon isn’t.
The bill passed with bipartisan support, but lawmakers on both sides questioned its actual effects.
Sen. Fady Qaddoura (D-Indianapolis) doubted its ability to reduce home prices.
“My words might be harsh, but it seems this is a wealthy people's bill,” he said. “If you're going to have 25 to 30 or 40 percent slope, who can afford to build that unless you really have the financial resources?”
“I would prefer to see the people with boots on the ground in the areas that deal with these kinds of problems deal with these kinds of problems,” she said.
Spoonmore hopes the law will make Monroe County an attractive place for workers to start a family, but he admits building in steep areas comes with steep costs.
“Anytime you have additional costs that need to mitigate, you know, certain slopes or whatever it may be, then it's going to increase the overall cost of the project.”
This is one of several laws passed in 2024 empowering development on land previously prohibited by environmental regulations.
CORRECTION: Jackie Jelen's name spelling has been updated.
