§ 14-28-1-22.5 — Constructing an accessory structure, agricultural fence, agricultural structure, or a stream crossing in a floodway; filing a complaint

Indiana § 14-28-1-22.5

• Jurisdiction: Indiana
• Art. 28: FLOOD CONTROL

Text

5. (a) This section applies to construction
of:
(1) an accessory structure;
(2) an agricultural fence;
(3) an agricultural structure; or
(4) a stream crossing;
in a floodway.
(b) Unless otherwise provided under federal law or a regulation of
the Federal Emergency Management Agency, the finished floor of an
accessory structure or an agricultural structure that is at least four
hundred (400) square feet may be constructed at the one hundred (100)
year flood elevation if the structure meets the conditions under
subsection (c).
(c) A structure under subsection (b) must meet the following
conditions:
(1) The structure must be constructed of flood resistant material
and anchored to prevent flotation.
(2) Service facilities, including electrical and heating equipment,
must be elevated:
(A) at the one hundred (100) year flood elevation; or
(B) above the one hundred (100) year flood elevation.
(3) The structure must be designed to allow floodwater to enter
and exit the structure to automatically equalize hydrostatic flood
forces on an exterior wall.
(4) A flood opening must be designed and installed to comply
with criteria set by the Federal Emergency Management Agency.
(d) A person is not required to obtain a permit to construct an
agricultural fence in a floodway. The commission may adopt rules
regarding the dimensions of an agricultural fence and the materials that
may be used to construct an agricultural fence.
(e) Subject to subsection (f), a person is not required to obtain a
permit to construct a stream crossing in a floodway if the following
requirements are met:
(1) The stream has a drainage area of not more than five (5)
square miles.
(2) The floodway is not a Federal Emergency Management
Agency published floodway.
(3) The stream crossing is:
(A) used for agricultural or residential purposes; and
(B) located in an area outside:
(i) the corporate boundaries of a consolidated city or
incorporated city or town; and
(ii) the territorial authority for comprehensive planning
established under IC 36-7-4-205(b).
(4) The stream crossing does not:
(A) adversely affect the efficiency of or unduly restrict the
capacity of the floodway;
(B) constitute an unreasonable hazard to the safety of life or
property; and
(C) result in unreasonably detrimental effects to fish, wildlife,
or botanical resources.
(f) If an individual files a complaint with the department alleging
that the person who constructed a stream crossing under this section
did not comply with the requirements of subsection (e), the person who
constructed the stream crossing shall provide the department with
information to prove that the stream crossing does comply.

Legislative History

As added by P.L.164-2024, SEC.15.