§ 14-28-1-20 — Erection of structures in floodways prohibited

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.
[Pre-1995 Recodification Citation: 13-2-22-13(b).]

Legislative History

As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.13.