Key Takeaways
- Indiana Department of Environmental Management (IDEM) regulates environmental matters
- Sellers must disclose known environmental hazards on the property disclosure form
- Lead-based paint disclosure is required by federal law for homes built before 1978
- Radon is a known issue in Indiana; testing is recommended
- Underground storage tanks require proper registration and may require remediation
Environmental Issues in Indiana Real Estate
Environmental concerns can significantly affect property value and transaction requirements.
Environmental Disclosure
Property Disclosure Form
Indiana's Seller's Disclosure Form includes environmental questions:
| Category | Examples |
|---|---|
| Known contamination | Soil, groundwater |
| Underground tanks | Current or previous |
| Hazardous materials | Asbestos, lead paint |
| Radon | Testing results |
| Flooding | History of flooding |
Agent Disclosure Duties
Indiana agents must disclose known environmental hazards:
- Contamination affecting property
- Environmental violations
- Facts that could not be discovered by inspection
- Material facts affecting value
Indiana Department of Environmental Management (IDEM)
IDEM regulates environmental matters in Indiana:
| Area | Regulation |
|---|---|
| Air Quality | Emissions permits |
| Water Quality | Discharge permits |
| Hazardous Waste | Storage and disposal |
| Solid Waste | Landfills |
| Underground Storage Tanks | Registration and removal |
Underground Storage Tanks (USTs)
Indiana Requirements
| Requirement | Detail |
|---|---|
| Registration | USTs must be registered |
| Disclosure | Should be disclosed on property form |
| Removal | Must follow proper procedures |
| Contamination | May require remediation |
Leaking UST Program
If a tank has leaked:
- Owner may be liable for cleanup
- IDEM has corrective action program
- May significantly affect property value
Lead-Based Paint
Federal Requirements (Pre-1978 Homes)
For homes built before 1978:
| Requirement | Detail |
|---|---|
| EPA Pamphlet | Must provide "Protect Your Family" |
| Known hazards | Must disclose |
| Records | Provide any available reports |
| 10-day inspection | Right to test (can be waived) |
| Disclosure form | Must be signed |
Indiana Lead Requirements
Indiana follows federal requirements and:
| Requirement | Application |
|---|---|
| Rental properties | Lead disclosure required |
| Child-occupied facilities | Specific rules |
| Renovation work | Certified contractors |
| Testing/abatement | Licensed professionals |
Radon
Indiana Law
| Status | Detail |
|---|---|
| Known issue | Parts of Indiana have elevated levels |
| Mandatory disclosure | Not required by state |
| Recommended | Testing encouraged |
| Mitigation | Available if high levels found |
Note: While Indiana doesn't mandate radon disclosure, it's good practice to recommend testing. Indiana has areas with known elevated radon levels.
Flood Zones
Flood Zone Considerations
| Requirement | Status |
|---|---|
| Indiana state law | No mandatory disclosure |
| Federal lenders | May require for loans |
| Insurance | Required in Special Flood Hazard Areas |
| NFIP | National Flood Insurance Program |
Impact on Transactions
- May affect property value
- Insurance costs
- Financing availability
- Development restrictions
Wetlands Protection
Indiana wetlands are protected under:
- Federal Clean Water Act
- IDEM regulations
- Army Corps of Engineers permits
Impact on Development
| Issue | Consequence |
|---|---|
| Protected wetlands | Development restricted |
| Permits required | For any disturbance |
| Mitigation | May be required |
| Buffer zones | May apply |
Indiana Brownfield Program
Encourages redevelopment of contaminated sites:
| Benefit | Description |
|---|---|
| Liability protection | For prospective purchasers |
| Tax incentives | Available programs |
| Grant programs | Cleanup assistance |
| Technical assistance | IDEM guidance |
Is radon disclosure required by Indiana law?
What federal law requires lead-based paint disclosure for homes built before 1978?
Which agency regulates environmental matters including underground storage tanks in Indiana?
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