reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-9. Hearings

Sec. 9. The commission may conduct hearings at which at least one (1) of the commission members shall preside. Each commissioner may administer oaths. The commission may obtain information for the commission's purposes from any person, including issuing subpoenas to require the attendance of witnesses and examining witnesses under oath.
[Pre-1995 Recodification Citation: 13-2-22-8.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-10. Title to Property

Sec. 10. The title to all land, easements, flood easements, or other interest in land or other property or rights acquired by the commission must be:
(1) approved by the attorney general; and
(2) taken in the name of the state of Indiana.
[Pre-1995 Recodification Citation: 13-2-22-9.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-11. Eminent Domain Powers

Sec. 11. (a) The commission may exercise the power of eminent domain. If the commission is unable to agree with the owner for the purchase of:
(1) land;
(2) an easement;
(3) a flood easement;
(4) other interest in land; or
(5) other property or right that in the commission's opinion is necessary for the commission's purposes;
the commission may acquire the property or right by condemnation under IC 32-24.
(b) The commission must adopt an appropriate resolution and deliver the resolution to the attorney general.
(c) The attorney general shall commence and prosecute an action in the name of the state of Indiana on the relation of the commission for the appropriation of the property or right. The title to the property or right acquired vests in the state.
[Pre-1995 Recodification Citation: 13-2-22-10.]
As added by P.L.1-1995, SEC.21. Amended by P.L.2-2002, SEC.61.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-12. Jurisdiction; Comprehensive Studies and Plans

Sec. 12. The commission has jurisdiction over the public and private waters in Indiana and the adjacent land necessary for flood control purposes or for the prevention of flood damage. The commission shall do the following:
(1) Make a comprehensive study and investigation of all pertinent conditions of the areas in Indiana affected by floods.
(2) Determine the best method and manner of establishing flood control, giving consideration to the following:
(A) The reservoir method.
(B) The channel improvement method.
(C) The levee method.
(D) The flood plain regulation method.
(E) Any other practical method.
(3) Adopt and establish a comprehensive plan or master plan for flood control for all areas of Indiana subject to floods.
(4) Determine the best and most practical method and manner of establishing and constructing the necessary flood control works.
(5) Adopt appropriate measures for the prevention of flood damage.
[Pre-1995 Recodification Citation: 13-2-22-11(a).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-13. Construction or Obtaining of Flood Control Works

Sec. 13. (a) The commission may construct flood control works or a part of flood control works. The commission may perform the duties in cooperation with any of the following:
(1) A person.
(2) A state agency.
(3) Other states or an agency of another state.
(4) The United States or any agency of the United States.
(b) The commission shall obtain flood control works as follows:
(1) From and through or by cooperation with the United States Army Corps of Engineers or an agency of the United States.
(2) By cooperation with and action of cities and towns under Indiana law relating to flood control.
(3) By cooperation with and action of landowners in rural areas affected by flood control works under Indiana law relating to levees.
[Pre-1995 Recodification Citation: 13-2-22-11(b), (c).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-14. Surveys, Investigations, Plans, and Recommendations Regarding Water Resources

Sec. 14. The commission shall do the following:
(1) Make surveys and investigations of the water resources of Indiana, giving consideration to the need for and appropriate sources of suitable water supplies for domestic, agricultural, municipal, industrial, power, transportation, recreation, stream pollution, health, and other beneficial purposes.
(2) Make and formulate plans and recommendations for the further development, protection, and preservation of the water resources of Indiana for such purposes.
[Pre-1995 Recodification Citation: 13-2-22-11(d).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-15. Recommendations and Information From Department

Sec. 15. (a) The commission shall, in the course of the commission's investigations and surveys of multiple purpose flood control reservoirs, obtain recommendations from the department relative to the comprehensive planning of:
(1) recreational facilities;
(2) hunting and fishing opportunities; and
(3) forest improvements;
in connection with the reservoirs.
(b) The recommendations from the department must be accompanied by supporting data and information, as far as is feasible, including the following:
(1) Plans and policies for the acquisition, development, maintenance, operation, and use of land.
(2) Estimates of costs and benefits.
(3) Proposed sources of money.
(c) The information shall:
(1) be made available to the public; and
(2) be included as an integral part of the reports pertaining to multiple purpose flood control reservoirs that are prepared by the commission.
[Pre-1995 Recodification Citation: 13-2-22-11(e).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-16. Promotion of Local Efforts; Cooperation With Individuals and Agencies

Sec. 16. The commission shall do the following:
(1) Encourage and promote local initiative and effort in providing flood control and in the development of water resources, subject to the regulation and control provided by law.
(2) Cooperate with, advise, disseminate information to, and assist any person or state agency in matters relating to flood control and the development of water resources, including flood plain regulations or controls.
[Pre-1995 Recodification Citation: 13-2-22-11(f).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-17. Cooperation With Federal Government

Sec. 17. The commission may do the following:
(1) Represent and act for and in behalf of the state, subject to the approval of the governor, in all matters of flood control and the water resources of Indiana with the United States and any other state.
(2) Cooperate with, obtain, approve, and accept flood control works from and through the United States Army Corps of Engineers.
(3) Cooperate with and obtain, approve, and accept works or a grant of any character or description from and through an agency of the United States relating to flood control and water resources and administer the expenditures of money in connection with the grant.
[Pre-1995 Recodification Citation: 13-2-22-12 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-18. Easements and Rights-of-Way

Sec. 18. (a) This section applies to real property:
(1) for which the state has the custody, management, possession, or control; and
(2) in which the state has a right, a title, or an interest.
(b) The state may, with the written approval of the governor, give, grant, and convey to any person:
(1) easements;
(2) rights-of-way; and
(3) the right and privilege;
to construct, erect, maintain, operate, and use any works or structures in connection with flood control or water resources on and in the real property.
[Pre-1995 Recodification Citation: 13-2-22-12 part.]
As added by P.L.1-1995, SEC.21.
2023 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.
2023 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.
2023 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.
2023 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(j)(3) 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) 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. Amended by P.L.191-2023, SEC.9.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-22.3. Variance for Structures in Floodway

Sec. 22.3. (a) This section applies to local flood plain administrators in a county having a population of more than sixty-five thousand (65,000) and less than sixty-six thousand six hundred (66,600).
(b) A local flood plain administrator may issue a variance allowing a structure located in a floodway to remain in its location without a permit issued by the director of the department under section 22 of this chapter if:
(1) the structure is an abode or residence;
(2) a permit for the construction of the abode or residence was issued by the appropriate official of the county in which the abode or residence was constructed;
(3) the permit was issued before December 19, 2018;
(4) the location of the abode or residence was not shown as being within a special flood hazard area or a Zone A in the Federal Emergency Management Agency Flood Insurance Rate Map that was available to the county official when the county official issued the permit; and
(5) the abode or residence was built in compliance with the permit.
(c) This section expires July 1, 2023.
As added by P.L.133-2022, SEC.1 and P.L.144-2022, SEC.4.
2023 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, 2022, 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, 2022;
(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; P.L.141-2022, SEC.45.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-33. Violations; Class B 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.
2023 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(n) of this chapter commits a Class B infraction. Each day a person violates section 22(n) 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; P.L.191-2023, SEC.10.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-38. Duties of Departments in Establishing Process

Sec. 38. (a) As used in this section, "permit" means any of the following:
(1) A water quality certification 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) A permit from the department of environmental management for wetland activity in a state regulated wetland under IC 13-18-22.
(3) A permit from the director for a structure, obstruction, deposit, or excavation in a floodway under IC 14-28-1.
(b) In establishing the process required under section 37 of this chapter, the department and the department of environmental management shall do the following:
(1) Determine:
(A) how to inform a person who proposes to perform work for which a permit is required of the need to seek a permit for the work; and
(B) how to ensure that a person proposing to perform work for which a permit is required is informed of every state permit the person needs in order to do the work.
(2) Change the:
(A) application forms;
(B) application processes; or
(C) application forms and application processes;
used by the department and the department of environmental management for purposes of permits as necessary to ensure that a person proposing to perform work for which a permit is required is not required to provide the same information separately to the department and the department of environmental management.
(3) Determine how either the department or the department of environmental management may serve as the single point of contact, for purposes of:
(A) distributing and receiving permit applications;
(B) obtaining information needed to complete the processing of permit applications; and
(C) issuing permits;
for an applicant who does not need to have independent contact with the department that is not serving as the single point of contact.
(4) Create an internal process to ensure that the appropriate office within the department and the department of environmental management receives and timely reviews each permit application.
(5) Ensure that the processing of each permit application is monitored.
As added by P.L.214-2014, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 1. Flood Control › 14-28-1-39. Licensure for Activities in a Floodway

Sec. 39. (a) Before July 1, 2023, the department shall adopt a license for the following activities in a floodway:
(1) Removal of trees.
(2) Channel maintenance.
(3) Bank reconstruction, repair, and stabilization.
(b) This section expires July 1, 2024.
As added by P.L.141-2022, SEC.46.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 2. Repealed

[Pre-1995 Recodification Citations:
14-28-2-1formerly 13-2-22.2-18 part14-28-2-2formerly 13-2-22.2-114-28-2-3formerly 13-2-22.2-214-28-2-4formerly 13-2-22.2-314-28-2-5formerly 13-2-22.2-414-28-2-6formerly 13-2-22.2-514-28-2-7formerly 13-2-22.2-614-28-2-8formerly 13-2-22.2-714-28-2-9formerly 13-2-22.2-914-28-2-10formerly 13-2-22.2-1014-28-2-11formerly 13-2-22.2-1114-28-2-12formerly 13-2-22.2-1214-28-2-13formerly 13-2-22.2-1314-28-2-14formerly 13-2-22.2-1414-28-2-15formerly 13-2-22.2-1514-28-2-16formerly 13-2-22.2-1614-28-2-17formerly 13-2-22.2-1714-28-2-18formerly 13-2-22.2-18 part14-28-2-19formerly 13-2-22.2-1914-28-2-20formerly 13-2-22.2-20(a)14-28-2-21formerly 13-2-22.2-20(b)14-28-2-22formerly 13-2-22.2-20(c)14-28-2-23formerly 13-2-22.2-2114-28-2-24formerly 13-2-22.2-2214-28-2-25formerly 13-2-22.2-23.]
Repealed by P.L.2-1997, SEC.89.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-1. Legislative Finding

Sec. 1. The general assembly finds the following:
(1) That the loss of lives and property, the disruption of commerce and government services, and the unsanitary conditions caused by floods, all of which are detrimental to the health, safety, and welfare of the people of Indiana, are a matter of deep concern.
(2) That structural measures alone do not provide an adequate solution to flood problems.
(3) That it is necessary to enact and implement a state flood plain management program to decrease existing flood damages, mitigate future flood damages, and promote the health, safety, and general welfare of the people of Indiana.
[Pre-1995 Recodification Citation: 13-2-22.5-1.5.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-2. Adoption of Rules

Sec. 2. The commission shall develop and adopt appropriate rules under IC 4-22-2, including consideration of nonconforming uses, as minimum standards for the delineation and regulation of all flood hazard areas within Indiana. The commission and all counties and municipalities shall consider the production of crops, pasture, forests, and park and recreational uses to be conforming uses. These specific conforming uses shall be included as minimum standards in adoption of the rules.
[Pre-1995 Recodification Citation: 13-2-22.5-2.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-3. Designation and Regulation of Flood Hazard Areas by Subdivisions

Sec. 3. (a) All counties and municipalities are encouraged and authorized to delineate and regulate all flood hazard areas within their respective jurisdictions by adopting and implementing all necessary ordinances, rules, and regulations under procedures established by law. For ordinances, rules, and regulations adopted after June 30, 1974, the ordinances, rules, and regulations:
(1) may not be less restrictive than the minimum rules of the commission adopted under section 2 of this chapter; and
(2) must be approved by the commission before the effective date.
(b) This chapter does not prevent a county or municipality from adopting ordinances, rules, and regulations that are more restrictive than the minimum rules adopted by the commission.
[Pre-1995 Recodification Citation: 13-2-22.5-3.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-4. Assistance and Cooperation From Commission

Sec. 4. (a) The commission may provide technical data and information and otherwise assist a county or municipality in the following:
(1) The identification and delineation of all flood hazard areas within the jurisdiction of the county or municipality.
(2) The preparation of all necessary ordinances, rules, and regulations.
(b) The commission may cooperate with a state, regional, local, or federal board, commission, or agency in the preparation of necessary information or data.
(c) In furtherance of the objectives of subsections (a) and (b), the commission shall hold a meeting at least once every five (5) years with officials of counties and municipalities to do the following:
(1) Promote cooperation among the counties and municipalities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency.
(2) Provide technical and data assistance to officials of counties and municipalities.
(3) Conduct training for and provide communication and outreach to officials of counties and municipalities.
(d) In addition to attending meetings held under subsection (c), officials of a county or municipality may voluntarily request to meet with the commission on a periodic basis that the officials consider appropriate to further the objectives of this chapter.
[Pre-1995 Recodification Citation: 13-2-22.5-4.]
As added by P.L.1-1995, SEC.21. Amended by P.L.191-2023, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-5. Commission Approval Required for Certain Permits Within Flood Hazard Areas

Sec. 5. A county or municipality may not issue a permit for a structure, an obstruction, a deposit, or an excavation within a flood hazard area or part of a flood hazard area that lies within a floodway without the prior written approval of the commission as provided in IC 14-28-1.
[Pre-1995 Recodification Citation: 13-2-22.5-5.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-5.1. Permits for Certain State Owned or State Managed Property

Sec. 5.1. (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.
As added by P.L.191-2023, SEC.12.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-6. Cooperation of Public Agencies and Personnel

Sec. 6. (a) City, county, and state employees, agencies, boards, districts, and commissions may cooperate with and furnish information to the commission or a county or municipality for the purpose of implementing this chapter.
(b) The commission shall review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area.
[Pre-1995 Recodification Citation: 13-2-22.5-6.]
As added by P.L.1-1995, SEC.21. Amended by P.L.191-2023, SEC.13.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-7. Permit Applicant Must Be Allowed an Election; Permit Issuance Prohibited if It Would Jeopardize Participation in National Flood Insurance Program

Sec. 7. (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.
As added by P.L.175-2023, SEC.2 and P.L.191-2023, SEC.14.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-7.2. Local Floodplain Administrator Required to Complete Training

Sec. 7.2. After June 30, 2025, an individual may not serve as the floodplain administrator of a county or a municipality unless the individual has successfully completed:
(1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or
(2) another course or training program for local floodplain managers:
(A) approved by the Federal Emergency Management Agency; or
(B) approved by the department for the purposes of this section.
As added by P.L.175-2023, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 3. Flood Plain Management › 14-28-3-7.4. Request for Department Review of Mapping Data Applying to a Parcel; Use of Detailed Hydrologic Modeling in Review

Sec. 7.4. (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) a possessory or nonpossessory 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 use a detailed hydrologic modeling method.
(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.
As added by P.L.175-2023, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-1. "Commission" Defined

Sec. 1. As used in this chapter, "commission" refers to a flood plain commission established under this chapter.
[Pre-1995 Recodification Citation: 13-2-22.6-1 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-2. "Improvement Location Permit" Defined

Sec. 2. As used in this chapter, "improvement location permit" means a permit to alter, expand, or enlarge any use of land or structure. The term includes the erection of a structure.
[Pre-1995 Recodification Citation: 13-2-22.6-1 part.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-3. Establishment of Flood Plain Commissions

Sec. 3. A county or municipality may establish a flood plain commission by ordinance of the unit's legislative body. The commission may regulate land uses within identified flood hazard areas under this chapter.
[Pre-1995 Recodification Citation: 13-2-22.6-2.]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-4. Members

Sec. 4. The commission, to be known as the "___________ Flood Plain Commission", consists of three (3) members as follows:
(1) One (1) member of the legislative body of the county or municipality to be appointed by the legislative body.
(2) Two (2) citizens who reside within the jurisdiction of the legislative body and who do not hold an elective public office to be appointed as follows:
(A) The board of commissioners, for a county.
(B) The city executive, for a city.
(C) The town executive, for a town.
[Pre-1995 Recodification Citation: 13-2-22.6-3(a).]
As added by P.L.1-1995, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 28. Flood Control › Chapter 4. Flood Plain Commissions › 14-28-4-5. Term of Members; Filling of Vacancies

Sec. 5. (a) Commission members serve terms of one (1) year, beginning with the first Monday of January of each year. The initial members serve from the date of establishment of the commission until the first Monday of January of the following year.
(b) If a vacancy occurs, the appointing authority shall appoint a member to fill the unexpired term.
[Pre-1995 Recodification Citation: 13-2-22.6-3(b).]
As added by P.L.1-1995, SEC.21.