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You are here: Home / News / Leased Spaces: What Every Developer Needs to Know

Leased Spaces: What Every Developer Needs to Know

July 24, 2025

This article is part of a series for land developers in Indianapolis. See the article one about wellhead protection ordinances and article two about erosion control.

Before developing land in a Wellhead Protection Area (WHPA), it is important to consider what types of businesses may occupy the spaces. In Indianapolis, some activities such as new underground storage tanks and hydraulic fracking are outright prohibited in WHPAs. (See Indianapolis code for full list of prohibited business activities). Other activities may be regulated by the local groundwater protection codes or some may not. Regardless, the property owner is responsible for ensuring all businesses are aware of their location in a WHPA.

Notifying Occupants

In addition to each occupant needing to follow appropriate drinking water protection practices, the Marion County Public Health Department (MCPHD), spells out the responsibilities of the property owner to discuss wellhead protection with all occupants and collect signatures plus keep and submit an occupant roster to the MCPHD each year.

The “Special Requirements Notice Agreement” is the specific form which contains a Wellhead Protection Area explanation and proper handling of chemicals information as well as a space to include what type of business activity is occuring in the space.

What if occupants change after construction?

As occupants move in and out, property owners are required to notify the Marion County Public Health Department within 60 days of the change. This change of occupants or operations form is also required if a business changes what kind of business activity they are doing in the leased space. This form applies to spaces with 3 or more occupants.

Additionally, if there is substantial activity during the change that requires an Improvement Location Permit, you will be required to submit another permit and step through the TQP review and inspection process.

This concludes our series on drinking water protection for property developers. We encourage you to contact us if you need help during the permitting and construction process or if you would like to bring a speaker to discuss water protection at your next event. Keeping our communities safe is a team effort – we applaud your effort!

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