§ 14-28-3-7.4 — Request for department review of mapping data applying to a parcel; use of detailed hydrologic modeling in review

Indiana § 14-28-3-7.4

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

Text

4. (a) As used in this section, "department
mapping data" means the mapping data provided by the department
and located on the Indiana Floodplain Information Portal.
(b) A person that has:
(1) an ownership interest;
(2) a leasehold interest; or
(3) a security interest;
in a parcel of real property may at any time request a review by the
department of the department mapping data applying to the parcel of
real property.
(c) A review requested under subsection (b) shall be provided by the
department at no cost to the person requesting the review.
(d) In conducting a review requested under subsection (b), the
department shall:
(1) use a detailed hydrologic modeling method to review the
parcel of real property; and
(2) perform at least one (1) onsite investigation of the parcel of
real property;
before making a determination based on the review under this section.
(e) If:
(1) the person requesting the review of the department mapping
data applying to a parcel of real property has applied to a local
floodplain administrator for a permit authorizing the construction
of a structure or other construction activity on the parcel of real
property; and
(2) the department does not complete the review of the
department mapping data and communicate the results of the
review to the person who requested the review not more than one
hundred twenty (120) days after the day on which the person
requested the review;
the person that requested the review of the department mapping data
and applied to the local floodplain administrator for a permit may elect
whether the local floodplain administrator, in reviewing the person's
permit application, will use the department mapping data or an
engineering study provided by the person.
(f) Beginning July 1, 2024, before submitting department mapping
data in preparation of a Federal Emergency Management Agency flood
hazard map, the department shall notify a person that has:
(1) an ownership interest; or
(2) a security interest;
in a parcel of real property for which a determination was made that the
parcel of real property is located in a flood hazard area that was not
previously located in a Federal Emergency Management Agency flood
hazard map.
(g) A person has ninety (90) days from receipt of notice given under
subsection (f) to request a review by the department of the department
mapping data applying to the parcel of real property.
(h) In conducting a review requested under subsection (g), the
department shall:
(1) use a detailed hydrologic modeling method to review the
parcel of real property; and
(2) perform at least one (1) onsite investigation of the parcel of
real property;
before submitting the department mapping data for a Federal
Emergency Management Agency flood hazard map.

Legislative History

As added by P.L.175-2023, SEC.4. Amended by P.L.164-2024, SEC.17.