§ 14-28-3-5.1 — Permits for certain state owned or state managed property

Indiana § 14-28-3-5.1

• Jurisdiction: Indiana
• Art. 28: FLOOD CONTROL
• Ch. 3: Flood Plain Management

Text

1. (a) Except as provided in subsection (c), a
person must obtain a permit under this section to erect, make, use, or
maintain a structure, obstruction, deposit, or excavation in any place in
a floodplain that is:
(1) state owned property; or
(2) state managed property.
(b) To obtain a permit, a person described in subsection (a) must file
with the director a verified written application for a permit. The
application must include plans and specifications for the structure,
obstruction, deposit, or excavation.
(c) A separate permit is not required under this section for an
activity for which a permit has been granted under IC 14-28-1.
(d) Except as provided in subsection (e), 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 59 through 60; and
(3) were 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.
(e) If the activity referred to in subsection (a) is the proposed
erection, making, use, or maintenance of a structure in any place in a
floodplain that is:
(1) state owned property; or
(2) state managed property;
the activity is not allowed unless the lowest floor of the structure is at
least two (2) feet above the one hundred (100) year frequency flood
elevation.

Legislative History

As added by P.L.191-2023, SEC.12.