§ 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 § 14-28-3-7

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

Text

(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.

Legislative History

As added by P.L.175-2023, SEC.2 and P.L.191-2023, SEC.14.