Grant County BZA adopts certificate-of-mailing notice rule, citing Indiana code

The Grant County Board of Zoning Appeals voted unanimously on Aug. 4 to change how it documents mailed public notices for hearings, approving language that requires first-class U.S. mail with a certificate of mailing (USPS Form 3817) postmarked at least 10 calendar days before a hearing.

The new rule, read into the record by staff, says the certificate of mailing will be retained in the case file “as proof of compliance with Indiana Code 36-7-4-604(b) and 36-7-4-920” and that the rule supersedes prior references to certified-mail requirements. Board members said the change responds to repeated problems with return-receipt certified mail — missing or unsigned cards and delayed returns — and would provide a lower-cost, verifiable mailing record at the post office.

Board staff and members discussed tradeoffs during the meeting. Staff said certified mail often returned an unusable percentage of receipts (staff reported about 22% valid returns on some past mailings), that certified service costs roughly $11 per envelope and that those costs sometimes exceeded applicant fees. The motion adopted directs staff to follow the same procedure already used by the Area Planning Commission (APC): bring mailed notices to the post office and obtain a certificate of mailing for the outgoing list.

The motion passed on a roll-call vote with all six members present voting yes. The board asked staff to insert the exact language into its rules, present the amendment for signature at a forthcoming meeting, and retain the certificate-of-mailing forms in each case file.

Board members emphasized that changing the notice method does not remove their ability to act if an operator is not complying with special-exception conditions; inspections and enforcement remain available, they said.

What this means for applicants: Notices will be mailed as first-class mail and a certificate of mailing retained as evidence of timely mailing rather than relying on USPS return-receipt cards. The rule specifies the minimum 10-calendar-day postmark requirement and cites Indiana Code provisions as the legal basis for considering the certificate legally sufficient evidence of notice.

The board asked staff to draft and bring back the finalized rule language for approval and signature at a subsequent meeting.