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Boone County, IN Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing body
Boone County Area Plan Commission
Base density, no utilities
0.50 to 1.00 du/acre by district
Max density with water/sewer, MF
12.00 dwelling units per acre
Adjacent-development cap
No more than 0.50 du/acre above neighbor
Farmland penalty
-2.50 units/acre if over 50% prime farmland
Civil penalty
Up to $500 per day, § 157.165(C)

Summary

In unincorporated Boone County, Indiana, the Area Plan Commission can grant a density bonus waiver for single-family, two-family and multi-family development under Boone County Code § 157.084. Projects with public water and sewer service may reach up to 12 units per acre in the MF district, but applicants must satisfy compatibility findings tied to adjacent density and service agreements.

These county ordinances apply to unincorporated areas of Boone County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 157.084 DENSITY INCENTIVES. ... (A) Single-family development in the RE, R1, R2, R3 and R4 districts; two-family development in the R2, R3 and R4 districts; and multi-family development in the MF district shall be eligible to apply for development plan approval to request a waiver of development requirements to increase the maximum density of a development in accordance with the following table: Maximum Density for Single-, Two- and Multi-Family Developments by District Using Density Incentives RE R1 R2 R3 R4 MF Without public water public sewer 0.50 1.00 1.00 1.00 1.00 1.00 With public water and public sewer 3.05 3.25 4.50 5.75 7.00 12.00 ... (C) The APC may approve a development plan and thereby grant a waiver to increase maximum density in compliance with this section only upon finding that: (1) The proposed density is no greater than 0.50 dwelling units per acre of an adjacent residential development (if any). (2) The proposed density is no greater than 2.0 dwelling units per acre of a residential development located within 660 feet of the boundary of the property included in the development plan (if any).

Full Breakdown

Section 157.084(A) lets single-family projects in the RE, R1, R2, R3 and R4 districts, two-family projects in R2 through R4, and multi-family projects in the MF district apply for development plan approval to waive base density limits. The accompanying Table 12 (Density Incentives) in division (B) adds up to 1.00 unit per acre for sites within one mile of an incorporated area with committed water and sewer service, 0.25 for direct paved-road access, and 0.50 each for proximity to fire protection, emergency treatment facilities and elementary schools, while sites that are more than 50% prime farmland zoned AG or AF lose 2.50 units per acre.

Before the Area Plan Commission (APC) can grant the waiver, division (C) requires findings that the proposed density is no more than 0.50 dwelling units per acre above an adjacent residential development, no more than 2.0 units per acre within 660 feet of one, that water and sewer meet incorporated-area standards if within two miles of a town, that any new fire, emergency treatment or elementary school capacity relied on is backed by a written service agreement, and that required bufferyards increase by one letter level for each added unit per acre.

Division (D) requires the findings be reduced to writing and signed by the APC Chairperson and Director. General zoning enforcement under § 157.165 applies to any development plan built outside its approved density.

Violations & Fines

The APC or Board of Zoning Appeals can sue in circuit court for an injunction to restrain a violation or force removal of a structure built beyond its approved density, per Boone County Code § 157.165(A), and can recover attorney's fees and costs as the prevailing party. Anyone who builds, reconstructs or alters a building in violation of an approved plan faces civil penalties of not more than $500 per day of violation under § 157.165(C).

Frequently Asked Questions

Can any residential project in Boone County request a density bonus?
Only single-family projects in the RE, R1, R2, R3 or R4 districts, two-family projects in R2 through R4, or multi-family projects in the MF district may apply for an Area Plan Commission development plan waiver under § 157.084(A), and approval still requires public water and sewer plus the compatibility findings in division (C).
How much extra density can a project earn?
Table 12 in § 157.084(B) adds up to 1.00 unit per acre for proximity to an incorporated area with committed water and sewer, 0.50 each for nearby fire and emergency treatment facilities, and 0.50 for a nearby elementary school, but sites over 50% prime farmland zoned AG or AF lose 2.50 units per acre.
What must a developer prove before getting extra density?
Under § 157.084(C), the applicant must show the proposed density is no more than 0.50 dwelling units per acre above an adjacent residential development, no more than 2.0 units per acre within 660 feet of one, and must secure written service agreements for any new fire, emergency treatment or school capacity the project relies on.
What happens if a project exceeds its approved density?
Boone County treats it as a zoning violation. The Area Plan Commission or Board of Zoning Appeals can sue for an injunction in circuit court under § 157.165(A), and violators face civil penalties of up to $500 per day under § 157.165(C).

Sources & Official References

Other rules in Boone County

All Boone County rules

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