The following apply to a building, a structure, a stand, or another retail building under IC 22-12-1-4 (c) used primarily for the sale of goods or other items on property (as defined in IC 16-42-5.4-3.5 ):

1. (1) This section does not:

   1. (A) authorize the placement of a building, structure, or stand within a public right-of-way, utility easement, or other restricted area in violation of applicable law;
   2. (B) affect the authority of a county, municipality, or other local unit to regulate access to a road, including ingress and egress, driveway permits, curb cuts, or related requirements; or
   3. (C) affect the authority of a county, municipality, or other local unit to enforce requirements concerning setbacks, parking, and signage.

2. (2) If the building, structure, or stand contains plumbing fixtures and is located within the boundaries of a sewer district or is otherwise eligible for connection to a public sewer system, the owner shall obtain a will-serve letter from the applicable sewer utility. If the building, structure, or stand is not located within a sewer district the owner must obtain:

   1. (A) a new or modified septic construction permit issued by the local health department; or
   2. (B) written verification from the local health department that the existing onsite sewage system has sufficient capacity to serve the building, structure, or stand.

3. (3) Compliance with this section does not require:

   1. (A) classification as a Class 1 structure;
   2. (B) a design release;
   3. (C) plan review;
   4. (D) a building permit; or
   5. (E) a certificate of occupancy under this article.

As added by P.L.163-2026, SEC.11.