§ 14-28-1-26.5 — Mobile home or residence in boundary river floodway; permits; fees

Indiana § 14-28-1-26.5

• Jurisdiction: Indiana
• Art. 28: FLOOD CONTROL

Text

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 minimum 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 professional
surveyor;
the elevation determined by the professional surveyor must be used as
the accepted elevation.

Legislative History

As added by P.L.135-1997, SEC.18. Amended by P.L.121-2003, SEC.1; P.L.57-2013, SEC.18; P.L.195-2017, SEC.47.