CHAPTER 1. FLOOD CONTROL
IC 14-28
ARTICLE 28. FLOOD CONTROL
IC 14-28-1
Chapter 1. Flood Control
IC 14-28-1-1
Legislative intent
Sec. 1. The following are declared:
(1) The loss of lives and property caused by floods and the
damage resulting from floods is a matter of deep concern to
Indiana affecting the life, health, and convenience of the people
and the protection of property. To prevent and limit floods, all
flood control works and structures and the alteration of natural
or present watercourses of all rivers and streams in Indiana
should be regulated, supervised, and coordinated in design,
construction, and operation according to sound and accepted
engineering practices so as to best control and minimize the
extent of floods and reduce the height and violence of floods.
(2) The channels and that part of the flood plains of rivers and
streams that are the floodways should not be inhabited and
should be kept free and clear of interference or obstructions that
will cause any undue restriction of the capacity of the
floodways.
(3) The water resources of Indiana that have been diminishing
should be accumulated, preserved, and protected to prevent any
loss or waste beyond reasonable and necessary use.
(4) A master plan or comprehensive plan for the entire state to
control floods and to accumulate, preserve, and protect the
water resources should be investigated, studied, and prepared,
policy and practices should be established, and the necessary
works should be constructed and placed in operation.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-1.2
"Boundary river" defined
Sec. 1.2. "Boundary river", for purposes of this chapter, means the
part of the Ohio River that forms the boundary between Kentucky
and Indiana.
As added by P.L.135-1997, SEC.11.
IC 14-28-1-1.3
"Boundary river floodway" defined
Sec. 1.3. "Boundary river floodway", for purposes of this chapter,
means the floodway (as defined by IC 14-8-2-102) of a boundary
river.
As added by P.L.135-1997, SEC.12.
IC 14-28-1-2
"Flood control" defined
Sec. 2. As used in this chapter, "flood control" means the
following:
(1) The prevention of floods.
(2) The control, regulation, diversion, or confinement of flood
water or flood flow.
(3) The protection from flood water, according to sound and
accepted engineering practice and including all things incidental
to or connected with the protection, to minimize the following:
(A) The extent of floods.
(B) The death, damage, and destruction caused by floods.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-3
"Flood easement" defined
Sec. 3. As used in this chapter, "flood easement" means an
easement on property to be inundated or covered by water.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-4
"Water resources" defined
Sec. 4. As used in this chapter, "water resources" means surface
and subsurface water.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-5
Adoption of rules
Sec. 5. The commission shall adopt rules under IC 4-22-2 for the
following:
(1) The transaction of commission business.
(2) The administration and exercise of the commission's powers
and duties.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-6
Furnishing of information
Sec. 6. Each county agent, city engineer, county engineer, county
surveyor, and state agency shall obtain, provide, and furnish
pertinent data and information that is requested by an order of the
commission, subject to the approval of the governor.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-7
Use of state agencies; personnel; purchases
Sec. 7. The commission may do the following:
(1) Use any state agency in connection with:
(A) the commission's investigation, studies, and preparation
of plans; or
(B) the performance of other duties.
(2) Employ the technical experts, engineers, and clerical and
other assistants that are necessary.
(3) Through the state purchasing agent purchase the supplies,
equipment, instruments, and machinery that the commission
considers necessary to perform the commission's duties.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-8
Right of entry upon premises
Sec. 8. The commission and the commission's agents, engineers,
surveyors, and other employees may enter upon any land or water in
Indiana for the purpose of making an investigation, an examination,
or a survey provided by this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-9
Hearings
Sec. 9. The commission may conduct hearings at which at least
one (1) of the commission members shall preside. Each
commissioner may administer oaths. The commission may obtain
information for the commission's purposes from any person,
including issuing subpoenas to require the attendance of witnesses
and examining witnesses under oath.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-10
Title to property
Sec. 10. The title to all land, easements, flood easements, or other
interest in land or other property or rights acquired by the
commission must be:
(1) approved by the attorney general; and
(2) taken in the name of the state of Indiana.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-11
Eminent domain powers
Sec. 11. (a) The commission may exercise the power of eminent
domain. If the commission is unable to agree with the owner for the
purchase of:
(1) land;
(2) an easement;
(3) a flood easement;
(4) other interest in land; or
(5) other property or right that in the commission's opinion is
necessary for the commission's purposes;
the commission may acquire the property or right by condemnation
under IC 32-24.
(b) The commission must adopt an appropriate resolution and
deliver the resolution to the attorney general.
(c) The attorney general shall commence and prosecute an action
in the name of the state of Indiana on the relation of the commission
for the appropriation of the property or right. The title to the property
or right acquired vests in the state.
As added by P.L.1-1995, SEC.21. Amended by P.L.2-2002, SEC.61.
IC 14-28-1-12
Jurisdiction; comprehensive studies and plans
Sec. 12. The commission has jurisdiction over the public and
private waters in Indiana and the adjacent land necessary for flood
control purposes or for the prevention of flood damage. The
commission shall do the following:
(1) Make a comprehensive study and investigation of all
pertinent conditions of the areas in Indiana affected by floods.
(2) Determine the best method and manner of establishing flood
control, giving consideration to the following:
(A) The reservoir method.
(B) The channel improvement method.
(C) The levee method.
(D) The flood plain regulation method.
(E) Any other practical method.
(3) Adopt and establish a comprehensive plan or master plan for
flood control for all areas of Indiana subject to floods.
(4) Determine the best and most practical method and manner
of establishing and constructing the necessary flood control
works.
(5) Adopt appropriate measures for the prevention of flood
damage.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-13
Construction or obtaining of flood control works
Sec. 13. (a) The commission may construct flood control works
or a part of flood control works. The commission may perform the
duties in cooperation with any of the following:
(1) A person.
(2) A state agency.
(3) Other states or an agency of another state.
(4) The United States or any agency of the United States.
(b) The commission shall obtain flood control works as follows:
(1) From and through or by cooperation with the United States
Army Corps of Engineers or an agency of the United States.
(2) By cooperation with and action of cities and towns under
Indiana law relating to flood control.
(3) By cooperation with and action of landowners in rural areas
affected by flood control works under Indiana law relating to
levees.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-14
Surveys, investigations, plans, and recommendations regarding
water resources
Sec. 14. The commission shall do the following:
(1) Make surveys and investigations of the water resources of
Indiana, giving consideration to the need for and appropriate
sources of suitable water supplies for domestic, agricultural,
municipal, industrial, power, transportation, recreation, stream
pollution, health, and other beneficial purposes.
(2) Make and formulate plans and recommendations for the
further development, protection, and preservation of the water
resources of Indiana for such purposes.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-15
Recommendations and information from department
Sec. 15. (a) The commission shall, in the course of the
commission's investigations and surveys of multiple purpose flood
control reservoirs, obtain recommendations from the department
relative to the comprehensive planning of:
(1) recreational facilities;
(2) hunting and fishing opportunities; and
(3) forest improvements;
in connection with the reservoirs.
(b) The recommendations from the department must be
accompanied by supporting data and information, as far as is
feasible, including the following:
(1) Plans and policies for the acquisition, development,
maintenance, operation, and use of land.
(2) Estimates of costs and benefits.
(3) Proposed sources of money.
(c) The information shall:
(1) be made available to the public; and
(2) be included as an integral part of the reports pertaining to
multiple purpose flood control reservoirs that are prepared by
the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-16
Promotion of local efforts; cooperation with individuals and
agencies
Sec. 16. The commission shall do the following:
(1) Encourage and promote local initiative and effort in
providing flood control and in the development of water
resources, subject to the regulation and control provided by law.
(2) Cooperate with, advise, disseminate information to, and
assist any person or state agency in matters relating to flood
control and the development of water resources, including flood
plain regulations or controls.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-17
Cooperation with federal government
Sec. 17. The commission may do the following:
(1) Represent and act for and in behalf of the state, subject to
the approval of the governor, in all matters of flood control and
the water resources of Indiana with the United States and any
other state.
(2) Cooperate with, obtain, approve, and accept flood control
works from and through the United States Army Corps of
Engineers.
(3) Cooperate with and obtain, approve, and accept works or a
grant of any character or description from and through an
agency of the United States relating to flood control and water
resources and administer the expenditures of money in
connection with the grant.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-18
Easements and rights-of-way
Sec. 18. (a) This section applies to real property:
(1) for which the state has the custody, management,
possession, or control; and
(2) in which the state has a right, a title, or an interest.
(b) The state may, with the written approval of the governor, give,
grant, and convey to any person:
(1) easements;
(2) rights-of-way; and
(3) the right and privilege;
to construct, erect, maintain, operate, and use any works or structures
in connection with flood control or water resources on and in the real
property.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-19
Applicability of laws regarding structures in floodways
Sec. 19. Sections 20, 21, 22, 23, 24, and 25 of this chapter do not
apply to any of the following:
(1) An abode or a residence constructed on land that meets the
following conditions:
(A) Is between the 791.0 mile marker and the 791.5 mile
marker on the Ohio River.
(B) Is adjacent to a recreational area.
(C) Has been or may be filled to or above an elevation of
three hundred seventy-eight (378) feet above sea level.
(D) Is properly protected by riprap in a manner that
minimizes the possibility of erosion by river currents.
(2) An abode or a residence if the following conditions are met:
(A) The abode or residence is rebuilt upon the area of the
original foundation and is substantially the same
configuration as the former abode or residence.
(B) The abode or residence was unintentionally destroyed by
a means other than floodwater.
(C) The rebuilding of the abode or residence is begun within
one (1) year and completed within two (2) years after the
destruction of the former abode or residence.
(D) The abode or residence is located in the floodway of a
stream having a watershed upstream from the abode or
residence of less than fifteen (15) square miles in area.
(E) The lowest floor of the rebuilt abode or residence,
including the basement, is at or above the one hundred (100)
year frequency flood elevation if the abode or residence was
totally destroyed.
(F) A variance is obtained from the county or municipality
for the lowest floor of the abode or residence to be below the
one hundred (100) year frequency flood elevation if the
damage to the former abode or residence is less than one
hundred percent (100%).
(G) An ordinance allowing the rebuilding of an abode or a
residence is adopted by any of the following:
(i) The legislative body of the city or town in which the
abode or residence is located.
(ii) The legislative body of the county in which the abode
or residence is located if the abode or residence is not
located in a city or town.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-20
Erection of structures in floodways prohibited
Sec. 20. A person may not do any of the following:
(1) Erect in or on any floodway a permanent structure for use as
an abode or a place of residence, except as authorized under
sections 24, 25, and 26.5 of this chapter.
(2) Except as authorized under section 26.5 of this chapter,
erect, make, use, or maintain in or on any floodway, or suffer or
permit the erection, making, use, or maintenance in or on any
floodway, a structure, an obstruction, a deposit, or an
excavation that will do any of the following:
(A) Adversely affect the efficiency of or unduly restrict the
capacity of the floodway.
(B) By virtue of the nature, design, method of construction,
state of maintenance, or physical condition do any of the
following:
(i) Constitute an unreasonable hazard to the safety of life
or property.
(ii) Result in unreasonably detrimental effects upon the
fish, wildlife, or botanical resources.
(3) Reconstruct or allow or permit the reconstruction of an
abode or a residence located in a floodway, except as authorized
under sections 24, 25, and 26.5 of this chapter.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,
SEC.13.
IC 14-28-1-21
Nuisance abatement
Sec. 21. A structure, an obstruction, a deposit, or an excavation
described in section 20(2) of this chapter is a public nuisance. The
director may commence, maintain, and prosecute an appropriate
action to enjoin or abate a nuisance, including the following:
(1) Any of the nuisances described in section 20(2) of this
chapter.
(2) Any other nuisance that:
(A) adversely affects flood control or the safety of life or
property; or
(B) is unreasonably detrimental to fish, wildlife, or botanical
resources.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-22
Construction permits
Sec. 22. (a) As used in subsection (b)(1) with respect to a stream,
"total length" means the length of the stream, expressed in miles,
from the confluence of the stream with the receiving stream to the
upstream or headward extremity of the stream, as indicated by the
solid or dashed, blue or purple line depicting the stream on the most
current edition of the seven and one-half (7 1/2) minute topographic
quadrangle map published by the United States Geological Survey,
measured along the meanders of the stream as depicted on the map.
(b) This section does not apply to the following:
(1) A reconstruction or maintenance project (as defined in
IC 36-9-27) on a stream or an open regulated drain if the total
length of the stream or open drain is not more than ten (10)
miles.
(2) A construction or reconstruction project on a state or county
highway bridge in a rural area that crosses a stream having an
upstream drainage area of not more than fifty (50) square miles
and the relocation of utility lines associated with the
construction or reconstruction project if confined to an area not
more than one hundred (100) feet from the limits of the
highway construction right-of-way.
(3) The performance of an activity described in subsection
(c)(1) or (c)(2) by a surface coal mining operation that is
operated under a permit issued under IC 14-34.
(4) Any other activity that is determined by the commission,
according to rules adopted under IC 4-22-2, to pose not more
than a minimal threat to floodway areas.
(5) An activity in a boundary river floodway to which section
26.5 of this chapter applies.
(6) The removal of a logjam or mass of wood debris that has
accumulated in a river or stream, subject to the following
conditions:
(A) Work must not be within a salmonid stream designated
under 327 IAC 2-1.5-5 without the prior written approval of
the department's division of fish and wildlife.
(B) Work must not be within a natural, scenic, or
recreational river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, free logs or
affixed logs that are crossways in the channel must be cut,
relocated, and removed from the floodplain. Logs may be
maintained in the floodplain if properly anchored or
otherwise secured so as to resist flotation or dislodging by
the flow of water and placement in an area that is not a
wetland. Logs must be removed and secured with a
minimum of damage to vegetation.
(D) Isolated or single logs that are embedded, lodged, or
rooted in the channel, and that do not span the channel or
cause flow problems, must not be removed unless the logs
are either of the following:
(i) Associated with or in close proximity to larger
obstructions.
(ii) Posing a hazard to navigation.
(E) A leaning or severely damaged tree that is in immediate
danger of falling into the waterway may be cut and removed
if the tree is associated with or in close proximity to an
obstruction. The root system and stump of the tree must be
left in place.
(F) To the extent practicable, the construction of access
roads must be minimized, and should not result in the
elevation of the floodplain.
(G) To the extent practicable, work should be performed
exclusively from one (1) side of a waterway. Crossing the
bed of a waterway is prohibited.
(H) To prevent the flow of sediment laden water back into
the waterway, appropriate sediment control measures must
be installed.
(I) Within fifteen (15) days, all bare and disturbed areas
must be revegetated with a mixture of grasses and legumes.
Tall fescue must not be used under this subdivision, except
that low endophyte tall fescue may be used in the bottom of
the waterway and on side slopes.
(c) A person who desires to:
(1) erect, make, use, or maintain a structure, an obstruction, a
deposit, or an excavation; or
(2) suffer or permit a structure, an obstruction, a deposit, or an
excavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified written
application for a permit accompanied by a nonrefundable fee of two
hundred dollars ($200).
(d) The application for a permit must set forth the material facts
together with plans and specifications for the structure, obstruction,
deposit, or excavation.
(e) An applicant must receive a permit from the director for the
work before beginning construction. The director shall issue a permit
only if in the opinion of the director the applicant has clearly proven
that the structure, obstruction, deposit, or excavation will not do any
of the following:
(1) Adversely affect the efficiency of or unduly restrict the
capacity of the floodway.
(2) Constitute an unreasonable hazard to the safety of life or
property.
(3) Result in unreasonably detrimental effects upon fish,
wildlife, or botanical resources.
(f) In deciding whether to issue a permit under this section, the
director shall consider the cumulative effects of the structure,
obstruction, deposit, or excavation. The director may incorporate in
and make a part of an order of authorization conditions and
restrictions that the director considers necessary for the purposes of
this chapter.
(g) A permit issued under this section:
(1) is void if construction is not commenced within two (2)
years after the issuance of the permit; and
(2) to:
(A) the Indiana department of transportation or a county
highway department if there is any federal funding for the
project; or
(B) an electric utility for the construction of a power
generating facility;
is valid for five (5) years from the date of issuance and remains
valid indefinitely if construction is commenced within five (5)
years after the permit is issued.
(h) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected.
(i) The permit holder shall post and maintain a permit issued
under this section at the authorized site.
(j) For the purposes of this chapter, the lowest floor of a building,
including a residence or abode, that is to be constructed or
reconstructed in the one hundred (100) year floodplain of an area
protected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lower
than the one hundred (100) year frequency flood elevation plus one
(1) foot.
As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.4;
P.L.2-1997, SEC.53; P.L.135-1997, SEC.14; P.L.2-1998, SEC.59;
P.L.154-2002, SEC.1; P.L.186-2003, SEC.75; P.L.76-2010, SEC.1.
IC 14-28-1-23
Removal of structures or obstructions
Sec. 23. (a) The director may remove or eliminate a structure, an
obstruction, a deposit, or an excavation in a floodway that:
(1) adversely affects the efficiency of or unduly restricts the
capacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life or
property; or
(3) is unreasonably detrimental to fish, wildlife, or botanical
resources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisers
and the court shall take into consideration whether the structure,
obstruction, deposit, or excavation is legally in or on the floodway.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-24
Reconstruction permits; violations
Sec. 24. (a) This section does not apply to the reconstruction of a
residence located in a boundary river floodway.
(b) A person may not begin the reconstruction of an abode or a
residence that is located in a floodway and is substantially damaged
(as defined in 44 CFR 59.1, as in effect on January 1, 1993) unless
the person has:
(1) obtained a permit under this section or section 26.5 of this
chapter; or
(2) demonstrated to the department through the submission of
material facts, plans, and specifications that the material used
to elevate the reconstructed abode or residence:
(A) does not extend beyond the original foundation of the
abode or residence; and
(B) meets the criteria set forth in subsection (d)(2) through
(d)(7).
(c) A person who desires to reconstruct an abode or a residence
that does not meet the requirements under subsection (b)(2) must file
with the director a verified written application for a permit
accompanied by a nonrefundable fee of fifty dollars ($50). An
application submitted under this section must do the following:
(1) Set forth the material facts concerning the proposed
reconstruction.
(2) Include the plans and specifications for the reconstruction.
(d) The director may issue a permit to an applicant under this
section only if the applicant has clearly proven all of the following:
(1) The abode or residence will be reconstructed:
(A) in the area of the original foundation and in substantially
the same configuration as the former abode or residence; or
(B) in a location that is, as determined by the director, safer
than the location of the original foundation.
(2) The lowest floor elevation of the abode or residence as
reconstructed, including the basement, will be at least two (2)
feet above the one hundred (100) year flood elevation.
(3) The abode or residence will be designed or modified and
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
(4) The abode or residence will be reconstructed with materials
resistant to flood damage.
(5) The abode or residence will be reconstructed by methods
and practices that minimize flood damages.
(6) The abode or residence will be reconstructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and located to
prevent water from entering or accumulating within the
components during conditions of flooding.
(7) The abode or residence, as reconstructed, will comply with
the minimum requirements for floodplain management set forth
in 44 CFR Part 60, as in effect on January 1, 1993.
(e) When granting a permit under this section, the director may
establish and incorporate into the permit certain conditions and
restrictions that the director considers necessary for the purposes of
this chapter.
(f) A permit issued by the director under this section is void if the
reconstruction authorized by the permit is not commenced within two
(2) years after the permit is issued.
(g) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected by the permit.
(h) The person to whom a permit is issued under this section shall
post and maintain the permit at the site of the reconstruction
authorized by the permit.
(i) A person who knowingly:
(1) begins the reconstruction of an abode or a residence in
violation of subsection (b);
(2) violates a condition or restriction of a permit issued under
this section; or
(3) fails to post and maintain a permit at a reconstruction site in
violation of subsection (h);
commits a Class B infraction. Each day that the person is in violation
of subsection (b), the permit, or subsection (h) constitutes a separate
infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,
SEC.15; P.L.71-2004, SEC.17; P.L.53-2008, SEC.1.
IC 14-28-1-25
Reconstruction permit exception; violation
Sec. 25. (a) A person who desires to reconstruct an abode or a
residence that:
(1) is located in a floodway; and
(2) is not substantially damaged (as defined in 44 CFR 59.1, as
in effect on January 1, 1997);
is not required to obtain a permit from the department for the
reconstruction of the abode or residence if the reconstruction will
meet the requirements set forth in 44 CFR Part 60, as in effect on
January 1, 1997.
(b) A person who knowingly reconstructs an abode or a residence
described in subsection (a) in a way that does not comply with the
requirements referred to in subsection (a) commits a Class B
infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,
SEC.16; P.L.71-2004, SEC.18; P.L.53-2008, SEC.2.
IC 14-28-1-26
Additions to structures in floodways
Sec. 26. (a) This section does not apply to the construction of an
addition to a residence located in a boundary river floodway.
(b) Subject to:
(1) subsection (c); and
(2) the restrictions imposed by the unit (as defined in
IC 36-1-2-23) in which the abode or residence is located;
a person may construct at least one (1) addition to an abode or a
residence that is located in a floodway.
(c) A person may not construct an addition to an abode or a
residence located in a floodway if the addition, in combination with
all other additions to the abode or residence that have been
constructed since the abode or residence was originally built, would
increase the market value of the abode or residence to an amount
more than fifty percent (50%) greater than:
(1) the market value of the abode or residence if no additions
have been constructed since the abode or residence was
originally built; or
(2) the approximate market value the abode or residence would
have in the form in which the abode or residence was originally
built if at least one (1) addition has already been constructed.
(d) For the purposes of subsection (c), the market value of an
abode or a residence does not include the value of the land on which
the abode or residence is built.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,
SEC.17.
IC 14-28-1-26.5
Mobile home or residence in boundary river floodway; permits
Sec. 26.5. (a) This section applies to the following activities:
(1) The placement or replacement of a mobile home within a
boundary river floodway.
(2) The repair of a residence that:
(A) is located in a boundary river floodway; and
(B) has been damaged by floodwaters or another means;
except for the reconstruction of a residence to which section 25
of this chapter applies.
(3) The construction of an:
(A) addition to; or
(B) improvement of;
a residential structure within a boundary river floodway.
(4) The construction of a new residence within a boundary river
floodway.
(b) The federal regulations that:
(1) were adopted by the director of the Federal Emergency
Management Agency to implement the National Flood
Insurance Act (42 U.S.C. 4001 et seq.);
(2) are published in 44 CFR Parts 59 through 60; and
(3) are in effect on January 1, 1997;
are adopted as the criteria for determining whether an activity
referred to in subsection (a) is allowed in Indiana. However, the
lowest floor of a new residence constructed within a boundary river
floodway referred to in subsection (a)(4) must be at least two (2) feet
above the one hundred (100) year frequency flood elevation.
(c) A person who wishes to perform an activity referred to in
subsection (a) is authorized to perform the activity if:
(1) the federal regulations described in subsection (b) as the
governing criteria allow the activity; and
(2) the person obtains a permit for the activity under this
section.
(d) To obtain a permit for an activity referred to in subsection (a),
a person must:
(1) file with the director a verified written application for a
permit on a form provided by the department; and
(2) pay to the department a nonrefundable fee of ten dollars
($10).
(e) An application filed under this section must:
(1) set forth the material facts concerning the proposed activity;
and
(2) in the case of an activity described in subsection (a)(1),
(a)(3), or (a)(4), include plans and specifications for the
construction, reconstruction, or repair.
(f) If an application submitted under this section meets the
requirements set forth in subsections (d) and (e), the director may not
reject the application unless the regulations adopted as the governing
criteria under subsection (b) do not allow the activity.
(g) If the federal regulations adopted as the governing criteria
under subsection (b) authorize a type of activity only when certain
conditions are met, a permit that the director issues for that type of
activity may require the applicant, in carrying out the activity, to
meet the same conditions.
(h) If:
(1) there is a dispute under this section about the elevation of a
site; and
(2) the elevation of the site has been determined by a registered
land surveyor;
the elevation determined by the registered land surveyor must be
used as the accepted elevation.
As added by P.L.135-1997, SEC.18. Amended by P.L.121-2003,
SEC.1.
IC 14-28-1-27
Contaminants in lakes or floodways prohibited
Sec. 27. (a) Except as provided in subsection (b), this section does
not apply to the following:
(1) A person using chemicals in a normal manner in the
production of agricultural products.
(2) A person acting in accordance with an appropriate permit
issued by the director.
(3) A person acting in accordance with a permit issued by the
department of environmental management under water
pollution control laws (as defined in IC 13-11-2-261) or
environmental management laws (as defined in IC 13-11-2-71).
(b) This section applies to the permitting requirements set forth in
the following:
(1) Section 22 of this chapter.
(2) IC 14-26-2.
(c) A person may not put, throw, dump, or leave a contaminant,
garbage, or solid waste:
(1) in, upon, or within fifteen (15) feet of a lake; or
(2) in or upon a floodway.
As added by P.L.1-1995, SEC.21. Amended by P.L.1-1996, SEC.66.
IC 14-28-1-28
Commission floodways
Sec. 28. (a) The commission may by order:
(1) establish a floodway as a commission floodway; and
(2) alter, change, or revoke and terminate the commission
floodway.
(b) In the order establishing the commission floodway, the
commission shall fix the following:
(1) The floodway's length at any practical distance.
(2) The floodway's width or the landside limits so as to include
parts of the flood plains adjoining the channel that, with the
channel, are reasonably required to efficiently carry and
discharge the flood waters or flood flow of the river or stream.
(c) Notwithstanding any other provision of law, an order
establishing a commission floodway is not in force until notice has
been given as follows:
(1) In writing to the county executive in the county affected.
(2) By publication at least two (2) times, seven (7) days apart,
as follows:
(A) In two (2) daily newspapers in the city of Indianapolis as
provided in IC 5-3-1-6.
(B) In newspapers in the counties where all or part of the
commission floodway is established as provided in
IC 5-3-1-6.
(d) All of the area within a commission floodway is the floodway
for all purposes of this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-29
Coordination of flood control works; approval of plans or
specifications
Sec. 29. (a) All works of any nature for flood control in Indiana
that are established and constructed shall be coordinated in design,
construction, and operation according to sound and accepted
engineering practice so as to effect the best flood control obtainable
throughout Indiana. A:
(1) person may not construct or install any works of any nature
for flood control; and
(2) court may not enter the final order or judgment establishing
or ordering works constructed;
unless the proposed works and the plans and specifications are
approved by the commission.
(b) The interested parties must file a verified written application
with the commission. The commission shall consider all the pertinent
facts relating to the proposed works that will affect flood control in
Indiana and shall determine whether the proposed works in the plans
and specifications will:
(1) be in aid of and acceptable as part of; or
(2) adversely affect and interfere with;
flood control in Indiana.
(c) The commission shall enter an order approving or
disapproving the application, plans, and specifications. If the
commission disapproves the application, the order must set forth the
objectionable features so that the proposed works and plans and
specifications may be corrected or adjusted to obtain the approval of
the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-30
Applicability of IC 4-21.5
Sec. 30. IC 4-21.5 applies to the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-31
Reports to governor
Sec. 31. The commission shall report to the governor periodically
the results of the commission's study, investigation, and experience
so that any necessary additional powers and duties may be obtained
to effect and obtain complete flood control and the protection and
preservation of water resources.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-32
Violations; Class B infractions
Sec. 32. (a) A person who knowingly violates section 20(2),
20(3), or 29 of this chapter commits a Class B infraction.
(b) Each day of continuing violation after conviction of the
offense constitutes a separate offense.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.19.
IC 14-28-1-33
Violations; Class C infractions
Sec. 33. (a) A person who knowingly fails to:
(1) comply with the requirements of section 20(1) of this
chapter; or
(2) obtain a permit under section 22 of this chapter;
commits a Class B infraction.
(b) Each day a person violates section 20(1) or 22 of this chapter
constitutes a separate infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.20.
IC 14-28-1-34
Violations; Class B infractions
Sec. 34. A person who knowingly fails to comply with section
22(i) of this chapter commits a Class B infraction. Each day a person
violates section 22(i) of this chapter constitutes a separate infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.5;
P.L.71-2004, SEC.21.
IC 14-28-1-35
Injunctive relief
Sec. 35. The commission may enjoin a violation of this chapter
under IC 14-25.5-2.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.22.
IC 14-28-1-36
Civil penalties
Sec. 36. In addition to other penalties prescribed by this chapter,
the director may impose a civil penalty under IC 14-25.5-4.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.23.