reglab/housing_qa huggingface dataset:
IN Code § 14-28-1-19 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-19. Applicability of Laws Regarding Structures in Floodways

Sec. 19. Sections 20, 21, 22, 23, 24, and 25 of this chapter do not apply to any of the following:(1) An abode or a residence constructed on land that meets the following conditions:(A) Is between the 791.0 mile marker and the 791.5 mile marker on the Ohio River.(B) Is adjacent to a recreational area.(C) Has been or may be filled to or above an elevation of three hundred seventy-eight (378) feet above sea level.(D) Is properly protected by riprap in a manner that minimizes the possibility of erosion by river currents.(2) An abode or a residence if the following conditions are met:(A) The abode or residence is rebuilt upon the area of the original foundation and is substantially the same configuration as the former abode or residence.(B) The abode or residence was unintentionally destroyed by a means other than floodwater.(C) The rebuilding of the abode or residence is begun within one (1) year and completed within two (2) years after the destruction of the former abode or residence.(D) The abode or residence is located in the floodway of a stream having a watershed upstream from the abode or residence of less than fifteen (15) square miles in area.(E) The lowest floor of the rebuilt abode or residence, including the basement, is at or above the one hundred (100) year frequency flood elevation if the abode or residence was totally destroyed.(F) A variance is obtained from the county or municipality for the lowest floor of the abode or residence to be below the one hundred (100) year frequency flood elevation if the damage to the former abode or residence is less than one hundred percent (100%).(G) An ordinance allowing the rebuilding of an abode or a residence is adopted by any of the following:(i) The legislative body of the city or town in which the abode or residence is located.(ii) The legislative body of the county in which the abode or residence is located if the abode or residence is not located in a city or town.(3) A property that is to be rehabilitated and reused as an abode or residence if the following conditions are met:(A) The property is located between the South Newton Bridge (Veterans Memorial Bridge) located at 85.30 miles from the mouth of the Patoka River and the bridge that is part of State Road 164 located at 85.90 miles from the mouth of the Patoka River.(B) The property is a former industrial site.(C) The property is adjacent to a navigable waterway.(D) The property is located adjacent to a riverwalk.(E) The property is a property in need of revitalization.(F) The property is vacant or in danger of becoming vacant.(G) The lowest floor that is used as an abode or residence is at least two (2) feet above the one hundred (100) year frequency flood elevation.[Pre-1995 Recodification Citation: 13-2-22-13(a).]As added by P.L.1-1995, SEC.21. Amended by P.L.108-2013, SEC.4.
IN Code § 14-28-1-19.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-19.5. Joint Application Floodway Construction Permit

Sec. 19.5. For purposes of this chapter, property owners may jointly apply for a permit.As added by P.L.164-2020, SEC.58.
IN Code § 14-28-1-20 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-20. Erection of Structures in Floodways Prohibited

Sec. 20. A person may not do any of the following:(1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter.(2) Except as authorized under section 26.5 of this chapter, erect, make, use, or maintain in or on any floodway, or suffer or permit the erection, making, use, or maintenance in or on any floodway, a structure, an obstruction, a deposit, or an excavation that will do any of the following:(A) Adversely affect the efficiency of or unduly restrict the capacity of the floodway.(B) By virtue of the nature, design, method of construction, state of maintenance, or physical condition do any of the following:(i) Constitute an unreasonable hazard to the safety of life or property.(ii) Result in unreasonably detrimental effects upon the fish, wildlife, or botanical resources.(3) Reconstruct or allow or permit the reconstruction of an abode or a residence located in a floodway, except as authorized under sections 24, 25, and 26.5 of this chapter.[Pre-1995 Recodification Citation: 13-2-22-13(b).]As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.13.
IN Code § 14-28-1-21 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-21. Nuisance Abatement

Sec. 21. A structure, an obstruction, a deposit, or an excavation described in section 20(2) of this chapter is a public nuisance. The director may commence, maintain, and prosecute an appropriate action to enjoin or abate a nuisance, including the following:(1) Any of the nuisances described in section 20(2) of this chapter.(2) Any other nuisance that:(A) adversely affects flood control or the safety of life or property; or(B) is unreasonably detrimental to fish, wildlife, or botanical resources.[Pre-1995 Recodification Citation: 13-2-22-13(c).]As added by P.L.1-1995, SEC.21.
IN Code § 14-28-1-22.1 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-22.1. Construction Permits; Requirements of Permit Holders

Sec. 22.1. (a) A permit issued under section 22(g)(1) of this chapter on or before July 1, 2014, for a quarrying or aggregate company that is active for the excavation of industrial materials, including:(1) clay and shale;(2) crushed limestone and dolostone;(3) dimension limestone;(4) dimension sandstone;(5) gypsum;(6) peat;(7) construction sand and gravel; and(8) industrial sand;is valid for the duration of the permitted project subject to the permit conditions and periodic compliance evaluations.(b) The holder of a permit described in subsection (a) shall notify the department not later than January 1, 2022, if the permitted project is still active. Failure to notify the department not later than January 1, 2022, will cause the permit to expire.(c) The holder of a permit described in subsection (a) is required to notify the department that the permitted project is complete not later than six (6) months after completing the permitted project.As added by P.L.21-2021, SEC.2.
IN Code § 14-28-1-22.2 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-22.2. Variance for Structure Located in Floodway

Sec. 22.2. (a) This section applies to local floodplain administrators in a county having a population of more than one hundred forty thousand (140,000) but less than one hundred fifty thousand (150,000).(b) A local floodplain administrator may issue a variance approving a structure located within a floodway without a permit issued by the director of the department under section 22 of this chapter if:(1) the structure is not used as an abode or residence;(2) the structure is constructed after January 1, 2018, but not later than July 1, 2020; and(3) the lowest floor of the structure is not more than fifteen-hundredths (0.15) of a foot below two (2) feet above the one hundred (100) year flood elevation.(c) This section expires July 1, 2022.As added by P.L.199-2021, SEC.7.
IN Code § 14-28-1-23 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-23. Removal of Structures or Obstructions; Conditions Under Which Director Is Prohibited From Exercising Authority

Sec. 23. (a) The director may remove or eliminate a structure, an obstruction, a deposit, or an excavation in a floodway that:(1) adversely affects the efficiency of or unduly restricts the capacity of the floodway;(2) constitutes an unreasonable hazard to the safety of life or property; or(3) is unreasonably detrimental to fish, wildlife, or botanical resources;by an action in condemnation.(b) In assessing the damages in the proceedings, the appraisers and the court shall take into consideration whether the structure, obstruction, deposit, or excavation is legally in or on the floodway.(c) Beginning January 1, 2020, the director shall not exercise the authority under subsection (a) to remove or eliminate an abode or residence from a floodway if:(1) the abode or residence was constructed before January 1, 2020;(2) the owner of the abode or residence has taken necessary measures to elevate the lowest floor of the abode or residence, as reconstructed, including the basement, to at least two (2) feet above the one hundred (100) year flood elevation within two (2) years after receiving notification from the department concerning the abode or residence; and(3) the owner of the abode or residence has taken necessary measures to comply with all applicable local, state, and federal floodway regulations.[Pre-1995 Recodification Citation: 13-2-22-13(g).]As added by P.L.1-1995, SEC.21. Amended by P.L.90-2020, SEC.1.
IN Code § 14-28-1-25 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-25. Reconstruction Permit Exception; Violation

Sec. 25. (a) A person who desires to reconstruct an abode or a residence that:(1) is located in a floodway; and(2) is not substantially damaged (as defined in 44 CFR 59.1, as in effect on January 1, 1997);is not required to obtain a permit from the department for the reconstruction of the abode or residence if the reconstruction will meet the requirements set forth in 44 CFR Part 60, as in effect on January 1, 1997.(b) A person who knowingly reconstructs an abode or a residence described in subsection (a) in a way that does not comply with the requirements referred to in subsection (a) commits a Class B infraction.[Pre-1995 Recodification Citation: 13-2-22-13.3.]As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.16; P.L.71-2004, SEC.18; P.L.53-2008, SEC.2.
IN Code § 14-28-1-26 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-26. Additions to Structures in Floodways

Sec. 26. (a) This section does not apply to the construction of an addition to a residence located in a boundary river floodway.(b) Subject to:(1) subsection (c); and(2) the restrictions imposed by the unit (as defined in IC 36-1-2-23) in which the abode or residence is located;a person may construct at least one (1) addition to an abode or a residence that is located in a floodway.(c) A person may not construct an addition to an abode or a residence located in a floodway if the addition, in combination with all other additions to the abode or residence that have been constructed since the abode or residence was originally built, would increase the market value of the abode or residence to an amount more than fifty percent (50%) greater than:(1) the market value of the abode or residence if no additions have been constructed since the abode or residence was originally built; or(2) the approximate market value the abode or residence would have in the form in which the abode or residence was originally built if at least one (1) addition has already been constructed.(d) For the purposes of subsection (c), the market value of an abode or a residence does not include the value of the land on which the abode or residence is built.[Pre-1995 Recodification Citation: 13-2-22-13.4.]As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.17.
IN Code § 14-28-1-26.5 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-26.5. Mobile Home or Residence in Boundary River Floodway; Permits; Fees

Sec. 26.5. (a) This section applies to the following activities:(1) The placement or replacement of a mobile home within a boundary river floodway.(2) The repair of a residence that:(A) is located in a boundary river floodway; and(B) has been damaged by floodwaters or another means;except for the reconstruction of a residence to which section 25 of this chapter applies.(3) The construction of an:(A) addition to; or(B) improvement of;a residential structure within a boundary river floodway.(4) The construction of a new residence within a boundary river floodway.(b) 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 Parts 59 through 60; and(3) are 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. However, the lowest floor of a new residence constructed within a boundary river floodway referred to in subsection (a)(4) must be at least two (2) feet above the one hundred (100) year frequency flood elevation.(c) A person who wishes to perform an activity referred to in subsection (a) is authorized to perform the activity if:(1) the federal regulations described in subsection (b) as the governing criteria allow the activity; and(2) the person obtains a permit for the activity under this section.(d) To obtain a permit for an activity referred to in subsection (a), a person must:(1) file with the director a verified written application for a permit on a form provided by the department; and(2) pay to the department a nonrefundable minimum fee of ten dollars ($10).(e) An application filed under this section must:(1) set forth the material facts concerning the proposed activity; and(2) in the case of an activity described in subsection (a)(1), (a)(3), or (a)(4), include plans and specifications for the construction, reconstruction, or repair.(f) If an application submitted under this section meets the requirements set forth in subsections (d) and (e), the director may not reject the application unless the regulations adopted as the governing criteria under subsection (b) do not allow the activity.(g) If the federal regulations adopted as the governing criteria under subsection (b) authorize a type of activity only when certain conditions are met, a permit that the director issues for that type of activity may require the applicant, in carrying out the activity, to meet the same conditions.(h) If:(1) there is a dispute under this section about the elevation of a site; and(2) the elevation of the site has been determined by a professional surveyor;the elevation determined by the professional surveyor must be used as the accepted elevation.As added by P.L.135-1997, SEC.18. Amended by P.L.121-2003, SEC.1; P.L.57-2013, SEC.18; P.L.195-2017, SEC.47.
IN Code § 14-28-1-27 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-27. Contaminants in Lakes or Floodways Prohibited

Sec. 27. (a) Except as provided in subsection (b), this section does not apply to the following:(1) A person using chemicals in a normal manner in the production of agricultural products.(2) A person acting in accordance with an appropriate permit issued by the director.(3) A person acting in accordance with a permit issued by the department of environmental management under water pollution control laws (as defined in IC 13-11-2-261) or environmental management laws (as defined in IC 13-11-2-71).(b) This section applies to the permitting requirements set forth in the following:(1) Section 22 of this chapter.(2) IC 14-26-2.(c) A person may not put, throw, dump, or leave a contaminant, garbage, or solid waste:(1) in, upon, or within fifteen (15) feet of a lake; or(2) in or upon a floodway.[Pre-1995 Recodification Citation: 13-2-22-13.5.]As added by P.L.1-1995, SEC.21. Amended by P.L.1-1996, SEC.66.
IN Code § 14-28-1-28 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-28. Commission Floodways

Sec. 28. (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.[Pre-1995 Recodification Citation: 13-2-22-14.]As added by P.L.1-1995, SEC.21.
IN Code § 14-28-1-29 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-29. Coordination of Flood Control Works; Approval of Plans or Specifications

Sec. 29. (a) All works of any nature for flood control in Indiana that are established and constructed shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout Indiana. A:(1) person may not construct or install any works of any nature for flood control; and(2) court may not enter the final order or judgment establishing or ordering works constructed;unless the proposed works and the plans and specifications are approved by the commission.(b) The interested parties must file a verified written application with the commission. The commission shall consider all the pertinent facts relating to the proposed works that will affect flood control in Indiana and shall determine whether the proposed works in the plans and specifications will:(1) be in aid of and acceptable as part of; or(2) adversely affect and interfere with;flood control in Indiana.(c) The commission shall enter an order approving or disapproving the application, plans, and specifications. If the commission disapproves the application, the order must set forth the objectionable features so that the proposed works and plans and specifications may be corrected or adjusted to obtain the approval of the commission.[Pre-1995 Recodification Citation: 13-2-22-15.]As added by P.L.1-1995, SEC.21.
IN Code § 14-28-1-30 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-30. Applicability of Ic 4-21.5

Sec. 30. IC 4-21.5 applies to the commission.[Pre-1995 Recodification Citation: 13-2-22-16.]As added by P.L.1-1995, SEC.21.
IN Code § 14-28-1-31 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-31. Reports to Governor

Sec. 31. The commission shall report to the governor periodically the results of the commission's study, investigation, and experience so that any necessary additional powers and duties may be obtained to effect and obtain complete flood control and the protection and preservation of water resources.[Pre-1995 Recodification Citation: 13-2-22-17.]As added by P.L.1-1995, SEC.21.
IN Code § 14-28-1-32 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-32. Violations; Class B Infractions

Sec. 32. (a) A person who knowingly violates section 20(2), 20(3), or 29 of this chapter commits a Class B infraction.(b) Each day of continuing violation after conviction of the offense constitutes a separate offense.[Pre-1995 Recodification Citations: 13-2-22-13(i); 13-2-22-20(a).]As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.19.
IN Code § 14-28-1-33 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-33. Violations; Class C Infractions

Sec. 33. (a) A person who knowingly fails to:(1) comply with the requirements of section 20(1) of this chapter; or(2) obtain a permit under section 22 of this chapter;commits a Class B infraction.(b) Each day a person violates section 20(1) or 22 of this chapter constitutes a separate infraction.[Pre-1995 Recodification Citation: 13-2-22-13(j).]As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.20.
IN Code § 14-28-1-34 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-34. Violations; Penalties

Sec. 34. A person who knowingly fails to comply with section 22(k) of this chapter commits a Class B infraction. Each day a person violates section 22(k) of this chapter constitutes a separate infraction.[Pre-1995 Recodification Citation: 13-2-22-20(b).]As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.5; P.L.71-2004, SEC.21; P.L.219-2014, SEC.34; P.L.21-2021, SEC.3.
IN Code § 14-28-1-35 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-35. Injunctive Relief

Sec. 35. The commission may enjoin a violation of this chapter under IC 14-25.5-2.[Pre-1995 Recodification Citation: 13-2-22-21.]As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.22.
IN Code § 14-28-1-36 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-36. Civil Penalties

Sec. 36. In addition to other penalties prescribed by this chapter, the director may impose a civil penalty under IC 14-25.5-4.As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.23.
IN Code § 14-28-1-37 (2021)
2021 Indiana Code|Title 14. Natural and Cultural Resources|Article 28. Flood Control|Chapter 1. Flood Control|14-28-1-37. Process to Improve Efficiency in Wetland Regulatory Programs

Sec. 37. The department and the department of environmental management shall, not later than January 1, 2015, develop and implement a process to improve efficiency and transparency in programs for:(1) water quality certifications from the department of environmental management under IC 13-13-5-1(1) and Section 401 of the federal Clean Water Act (33 U.S.C. 1341);(2) permits from the department of environmental management for wetland activity in a state regulated wetland under IC 13-18-22; and(3) permits from the director for a structure, obstruction, deposit, or excavation in a floodway under IC 14-28-1.As added by P.L.214-2014, SEC.2.