Indiana § 14-28-3-7 Permit applicant must be allowed an election; permit issuance
prohibited if it would jeopardize participation in National Flood
Insurance Program

Indiana Statutes

§ 14-28-3-7 — Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program

Indiana·Art. 28 FLOOD CONTROL·Ch. 3 Flood Plain Management

(a)As used in this section, "unit" has the meaning set forth in IC 36-1-29.5-6.

(b)After June 30, 2023, a unit may not issue a permit:

(1)authorized by ordinance or resolution; and

(2)for construction of a structure or other construction activity in or near a floodplain; unless the unit complies with this section.

(c)A person who applies to a local floodplain administrator for a permit authorizing a structure or construction activity in or near a floodplain may elect that:

(1)the best available data as provided by the department; or

(2)an engineering study provided by the applicant that is reviewed and approved according to the unit's ordinance for flood hazard areas; will be used by the local floodplain administrator when reviewing the person's permit application.

(d)A local flood

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(a) As used in this section, "unit" has the
meaning set forth in IC 36-1-29.5-6.
(b) After June 30, 2023, a unit may not issue a permit:
(1) authorized by ordinance or resolution; and
(2) for construction of a structure or other construction activity in
or near a floodplain;
unless the unit complies with this section.
(c) A person who applies to a local floodplain administrator for a
permit authorizing a structure or construction activity in or near a
floodplain may elect that:
(1) the best available data as provided by the department; or
(2) an engineering study provided by the applicant that is
reviewed and approved according to the unit's ordinance for flood
hazard areas;
will be used by the local floodplain administrator when reviewing the
person's permit application.
(d) A local floodplain administrator shall not issue a permit
authorizing a structure or construction activity in or near a floodplain
if the permit's authorization will result in a unit violating its obligations
to the National Flood Insurance Program.

Indiana § 14-28-3-7 (Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.