Indiana § 14-28-1-28 Commission floodways

Indiana Statutes

§ 14-28-1-28 — Commission floodways

Indiana·Art. 28 FLOOD CONTROL

(a)The commission may by order:

(1)establish a floodway as a commission floodway; and

(2)alter, change, or revoke and terminate the commission floodway.

(b)In the order establishing the commission floodway, the commission shall fix the following:

(1)The floodway's length at any practical distance.

(2)The floodway's width or the landside limits so as to include parts of the flood plains adjoining the channel that, with the channel, are reasonably required to efficiently carry and discharge the flood waters or flood flow of the river or stream.

(c)Notwithstanding any other provision of law, an order establishing a commission floodway is not in force until notice has been given as follows:

(1)In writing to the county executive in the county affected.

(2)By publication at least two (2

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(a) The commission may by order:
(1) establish a floodway as a commission floodway; and
(2) alter, change, or revoke and terminate the commission
floodway.
(b) In the order establishing the commission floodway, the
commission shall fix the following:
(1) The floodway's length at any practical distance.
(2) The floodway's width or the landside limits so as to include
parts of the flood plains adjoining the channel that, with the
channel, are reasonably required to efficiently carry and discharge
the flood waters or flood flow of the river or stream.
(c) Notwithstanding any other provision of law, an order
establishing a commission floodway is not in force until notice has
been given as follows:
(1) In writing to the county executive in the county affected.
(2) By publication at least two (2) times, seven (7) days apart, as
follows:
(A) In two (2) daily newspapers in the city of Indianapolis as
provided in IC 5-3-1-6.
(B) In newspapers in the counties where all or part of the
commission floodway is established as provided in IC 5-3-1-6.
(d) All of the area within a commission floodway is the floodway for
all purposes of this chapter.
(e) A determination by the commissioner under this section is
subject to an administrative adjudication under IC 4-21.5.
[Pre-1995 Recodification Citation: 13-2-22-14.]