§ 14-28-1-19 — Applicability of laws regarding structures in floodways

Indiana § 14-28-1-19

• Jurisdiction: Indiana
• Art. 28: FLOOD CONTROL

Text

A person is not required to obtain a permit
from the department under sections 20, 21, 22, 23, 24, and 25 of this
chapter for the following activities:
(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.
(3) A property that is to be rehabilitated and reused as an abode
or residence if the following conditions are met:
(A) The property is located between the South Newton Bridge
(Veterans Memorial Bridge) located at 85.30 miles from the
mouth of the Patoka River and the bridge that is part of State
Road 164 located at 85.90 miles from the mouth of the Patoka
River.
(B) The property is a former industrial site.
(C) The property is adjacent to a navigable waterway.
(D) The property is located adjacent to a riverwalk.
(E) The property is a property in need of revitalization.
(F) The property is vacant or in danger of becoming vacant.
(G) The lowest floor that is used as an abode or residence is at
least two (2) feet above the one hundred (100) year frequency
flood elevation.
[Pre-1995 Recodification Citation: 13-2-22-13(a).]

Legislative History

As added by P.L.1-1995, SEC.21. Amended by P.L.108-2013, SEC.4; P.L.164-2024, SEC.14.