§ 10-14-3-30 — Additional measures, studies, recommendations

(a) In addition to disaster prevention
measures as included in the state, local, and interjurisdictional disaster
plans, the governor shall consider on a continuing basis steps that could
be taken to prevent or reduce the harmful consequences of disasters. At
the governor's direction, and under any other authority state agencies
have, state agencies, including those charged with responsibilities in
connection with:
(1) flood plain management;
(2) stream encroachment and flow regulation;
(3) fire prevention and control;
(4) air quality;
(5) public works; and
(6) use and land use planning and construction standards;
shall make studies of disaster prevention related matters. The governor
shall make recommendations to the general assembly, local
governments, and other appropriate public and private entities to
facilitate measures for prevention or reduction of the harmful
consequences of disasters.
(b) In conjunction with the agency, an appropriate state agency shall
keep land uses and construction of structures and other facilities under
continuing study and identify areas that are particularly susceptible to:
(1) severe land shifting;
(2) subsidence;
(3) flood; or
(4) other catastrophic occurrence.
The studies under this subsection must concentrate on means of
reducing or avoiding the dangers caused by this occurrence or its
consequences.
(c) If the agency believes on the basis of the studies or other
competent evidence:
(1) that an area is susceptible to a disaster of catastrophic
proportions without adequate warning;
(2) that existing building standards and land use controls in that
area are inadequate and could add substantially to the magnitude
of the disaster; and
(3) that changes in zoning regulations, other land use regulations,
or building requirements are essential in order to further the
purposes of this section;
the agency shall specify the essential changes to the governor. The
governor shall recommend changes to the agencies or local
governments with jurisdiction over the area and subject matter that the
governor finds to be essential upon review of the specified changes and
a public hearing. If no action or insufficient action under the governor's
recommendations is taken within the time specified by the governor,
the governor shall inform the general assembly and request legislative
action appropriate to mitigate the effect of disaster.
(d) The governor, at the same time that the governor makes
recommendations under subsection (c), may:
(1) suspend the standard or control that the governor finds to be
inadequate to protect the public safety; and
(2) by rule place a new standard or control in effect.
The new standard or control remains in effect until rejected by
concurrent resolution of both houses of the general assembly or
amended by the governor. When it is in effect, the standard or control
contained in the governor's regulation is administered and given full
effect by all relevant regulatory agencies of the state and local
governments to which it applies. Any action taken by the governor
under this section is subject to judicial review, but no court has
jurisdiction to stay or restrain that action before a hearing on the merits.
[Pre-2003 Recodification Citation: 10-4-1-24.]

Legislative History

As added by P.L.2-2003, SEC.5.