CHAPTER 1. FLOOD CONTROL
IC 14-28
ARTICLE 28. FLOOD CONTROL
IC 14-28-1
Chapter 1. Flood Control
IC 14-28-1-1
Legislative intent
Sec. 1. The following are declared:
(1) The loss of lives and property caused by floods and thedamage resulting from floods is a matter of deep concern toIndiana affecting the life, health, and convenience of the peopleand the protection of property. To prevent and limit floods, allflood control works and structures and the alteration of naturalor present watercourses of all rivers and streams in Indianashould be regulated, supervised, and coordinated in design,construction, and operation according to sound and acceptedengineering practices so as to best control and minimize theextent of floods and reduce the height and violence of floods.
(2) The channels and that part of the flood plains of rivers andstreams that are the floodways should not be inhabited andshould be kept free and clear of interference or obstructions thatwill cause any undue restriction of the capacity of thefloodways.
(3) The water resources of Indiana that have been diminishingshould be accumulated, preserved, and protected to prevent anyloss or waste beyond reasonable and necessary use.
(4) A master plan or comprehensive plan for the entire state tocontrol floods and to accumulate, preserve, and protect thewater resources should be investigated, studied, and prepared,policy and practices should be established, and the necessaryworks should be constructed and placed in operation.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-1.2
"Boundary river" defined
Sec. 1.2. "Boundary river", for purposes of this chapter, means thepart of the Ohio River that forms the boundary between Kentuckyand Indiana.
As added by P.L.135-1997, SEC.11.
IC 14-28-1-1.3
"Boundary river floodway" defined
Sec. 1.3. "Boundary river floodway", for purposes of this chapter,means the floodway (as defined by IC 14-8-2-102) of a boundaryriver.
As added by P.L.135-1997, SEC.12.
IC 14-28-1-2
"Flood control" defined Sec. 2. As used in this chapter, "flood control" means thefollowing:
(1) The prevention of floods.
(2) The control, regulation, diversion, or confinement of floodwater or flood flow.
(3) The protection from flood water, according to sound andaccepted engineering practice and including all things incidentalto or connected with the protection, to minimize the following:
(A) The extent of floods.
(B) The death, damage, and destruction caused by floods.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-3
"Flood easement" defined
Sec. 3. As used in this chapter, "flood easement" means aneasement on property to be inundated or covered by water.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-4
"Water resources" defined
Sec. 4. As used in this chapter, "water resources" means surfaceand subsurface water.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-5
Adoption of rules
Sec. 5. The commission shall adopt rules under IC 4-22-2 for thefollowing:
(1) The transaction of commission business.
(2) The administration and exercise of the commission's powersand duties.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-6
Furnishing of information
Sec. 6. Each county agent, city engineer, county engineer, countysurveyor, and state agency shall obtain, provide, and furnishpertinent data and information that is requested by an order of thecommission, subject to the approval of the governor.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-7
Use of state agencies; personnel; purchases
Sec. 7. The commission may do the following:
(1) Use any state agency in connection with:
(A) the commission's investigation, studies, and preparationof plans; or
(B) the performance of other duties.
(2) Employ the technical experts, engineers, and clerical andother assistants that are necessary. (3) Through the state purchasing agent purchase the supplies,equipment, instruments, and machinery that the commissionconsiders necessary to perform the commission's duties.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-8
Right of entry upon premises
Sec. 8. The commission and the commission's agents, engineers,surveyors, and other employees may enter upon any land or water inIndiana for the purpose of making an investigation, an examination,or a survey provided by this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-9
Hearings
Sec. 9. The commission may conduct hearings at which at leastone (1) of the commission members shall preside. Eachcommissioner may administer oaths. The commission may obtaininformation for the commission's purposes from any person,including issuing subpoenas to require the attendance of witnessesand examining witnesses under oath.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-10
Title to property
Sec. 10. The title to all land, easements, flood easements, or otherinterest in land or other property or rights acquired by thecommission must be:
(1) approved by the attorney general; and
(2) taken in the name of the state of Indiana.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-11
Eminent domain powers
Sec. 11. (a) The commission may exercise the power of eminentdomain. If the commission is unable to agree with the owner for thepurchase 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 isnecessary for the commission's purposes;
the commission may acquire the property or right by condemnationunder IC 32-24.
(b) The commission must adopt an appropriate resolution anddeliver the resolution to the attorney general.
(c) The attorney general shall commence and prosecute an actionin the name of the state of Indiana on the relation of the commissionfor the appropriation of the property or right. The title to the property
or right acquired vests in the state.
As added by P.L.1-1995, SEC.21. Amended by P.L.2-2002, SEC.61.
IC 14-28-1-12
Jurisdiction; comprehensive studies and plans
Sec. 12. The commission has jurisdiction over the public andprivate waters in Indiana and the adjacent land necessary for floodcontrol purposes or for the prevention of flood damage. Thecommission shall do the following:
(1) Make a comprehensive study and investigation of allpertinent conditions of the areas in Indiana affected by floods.
(2) Determine the best method and manner of establishing floodcontrol, 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 forflood control for all areas of Indiana subject to floods.
(4) Determine the best and most practical method and mannerof establishing and constructing the necessary flood controlworks.
(5) Adopt appropriate measures for the prevention of flooddamage.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-13
Construction or obtaining of flood control works
Sec. 13. (a) The commission may construct flood control worksor a part of flood control works. The commission may perform theduties 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 StatesArmy Corps of Engineers or an agency of the United States.
(2) By cooperation with and action of cities and towns underIndiana law relating to flood control.
(3) By cooperation with and action of landowners in rural areasaffected by flood control works under Indiana law relating tolevees.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-14
Surveys, investigations, plans, and recommendations regardingwater resources
Sec. 14. The commission shall do the following: (1) Make surveys and investigations of the water resources ofIndiana, giving consideration to the need for and appropriatesources of suitable water supplies for domestic, agricultural,municipal, industrial, power, transportation, recreation, streampollution, health, and other beneficial purposes.
(2) Make and formulate plans and recommendations for thefurther development, protection, and preservation of the waterresources of Indiana for such purposes.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-15
Recommendations and information from department
Sec. 15. (a) The commission shall, in the course of thecommission's investigations and surveys of multiple purpose floodcontrol reservoirs, obtain recommendations from the departmentrelative 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 beaccompanied by supporting data and information, as far as isfeasible, 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 tomultiple purpose flood control reservoirs that are prepared bythe commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-16
Promotion of local efforts; cooperation with individuals andagencies
Sec. 16. The commission shall do the following:
(1) Encourage and promote local initiative and effort inproviding flood control and in the development of waterresources, subject to the regulation and control provided by law.
(2) Cooperate with, advise, disseminate information to, andassist any person or state agency in matters relating to floodcontrol and the development of water resources, including floodplain regulations or controls.
As added by P.L.1-1995, SEC.21.
IC 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 tothe approval of the governor, in all matters of flood control andthe water resources of Indiana with the United States and anyother state.
(2) Cooperate with, obtain, approve, and accept flood controlworks from and through the United States Army Corps ofEngineers.
(3) Cooperate with and obtain, approve, and accept works or agrant of any character or description from and through anagency of the United States relating to flood control and waterresources and administer the expenditures of money inconnection with the grant.
As added by P.L.1-1995, SEC.21.
IC 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 structuresin connection with flood control or water resources on and in the realproperty.
As added by P.L.1-1995, SEC.21.
IC 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 notapply to any of the following:
(1) An abode or a residence constructed on land that meets thefollowing conditions:
(A) Is between the 791.0 mile marker and the 791.5 milemarker on the Ohio River.
(B) Is adjacent to a recreational area.
(C) Has been or may be filled to or above an elevation ofthree hundred seventy-eight (378) feet above sea level.
(D) Is properly protected by riprap in a manner thatminimizes 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 theoriginal foundation and is substantially the sameconfiguration as the former abode or residence.
(B) The abode or residence was unintentionally destroyed bya 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 thedestruction of the former abode or residence.
(D) The abode or residence is located in the floodway of astream having a watershed upstream from the abode orresidence 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 wastotally destroyed.
(F) A variance is obtained from the county or municipalityfor the lowest floor of the abode or residence to be below theone hundred (100) year frequency flood elevation if thedamage to the former abode or residence is less than onehundred percent (100%).
(G) An ordinance allowing the rebuilding of an abode or aresidence is adopted by any of the following:
(i) The legislative body of the city or town in which theabode or residence is located.
(ii) The legislative body of the county in which the abodeor residence is located if the abode or residence is notlocated in a city or town.
As added by P.L.1-1995, SEC.21.
IC 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 asan abode or a place of residence, except as authorized undersections 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 orpermit the erection, making, use, or maintenance in or on anyfloodway, a structure, an obstruction, a deposit, or anexcavation that will do any of the following:
(A) Adversely affect the efficiency of or unduly restrict thecapacity of the floodway.
(B) By virtue of the nature, design, method of construction,state of maintenance, or physical condition do any of thefollowing:
(i) Constitute an unreasonable hazard to the safety of lifeor property.
(ii) Result in unreasonably detrimental effects upon thefish, wildlife, or botanical resources.
(3) Reconstruct or allow or permit the reconstruction of anabode or a residence located in a floodway, except as authorizedunder sections 24, 25, and 26.5 of this chapter.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,SEC.13.
IC 14-28-1-21 Nuisance abatement
Sec. 21. A structure, an obstruction, a deposit, or an excavationdescribed in section 20(2) of this chapter is a public nuisance. Thedirector may commence, maintain, and prosecute an appropriateaction to enjoin or abate a nuisance, including the following:
(1) Any of the nuisances described in section 20(2) of thischapter.
(2) Any other nuisance that:
(A) adversely affects flood control or the safety of life orproperty; or
(B) is unreasonably detrimental to fish, wildlife, or botanicalresources.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-22
Construction permits
Sec. 22. (a) As used in subsection (b)(1) with respect to a stream,"total length" means the length of the stream, expressed in miles,from the confluence of the stream with the receiving stream to theupstream or headward extremity of the stream, as indicated by thesolid or dashed, blue or purple line depicting the stream on the mostcurrent edition of the seven and one-half (7 1/2) minute topographicquadrangle map published by the United States Geological Survey,measured along the meanders of the stream as depicted on the map.
(b) This section does not apply to the following:
(1) A reconstruction or maintenance project (as defined inIC 36-9-27) on a stream or an open regulated drain if the totallength of the stream or open drain is not more than ten (10)miles.
(2) A construction or reconstruction project on a state or countyhighway bridge in a rural area that crosses a stream having anupstream drainage area of not more than fifty (50) square milesand the relocation of utility lines associated with theconstruction or reconstruction project if confined to an area notmore than one hundred (100) feet from the limits of thehighway construction right-of-way.
(3) The performance of an activity described in subsection(c)(1) or (c)(2) by a surface coal mining operation that isoperated under a permit issued under IC 14-34.
(4) Any other activity that is determined by the commission,according to rules adopted under IC 4-22-2, to pose not morethan a minimal threat to floodway areas.
(5) An activity in a boundary river floodway to which section26.5 of this chapter applies.
(6) The removal of a logjam or mass of wood debris that hasaccumulated in a river or stream, subject to the followingconditions:
(A) Work must not be within a salmonid stream designatedunder 327 IAC 2-1.5-5 without the prior written approval ofthe department's division of fish and wildlife. (B) Work must not be within a natural, scenic, orrecreational river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, free logs oraffixed logs that are crossways in the channel must be cut,relocated, and removed from the floodplain. Logs may bemaintained in the floodplain if properly anchored orotherwise secured so as to resist flotation or dislodging bythe flow of water and placement in an area that is not awetland. Logs must be removed and secured with aminimum of damage to vegetation.
(D) Isolated or single logs that are embedded, lodged, orrooted in the channel, and that do not span the channel orcause flow problems, must not be removed unless the logsare either of the following:
(i) Associated with or in close proximity to largerobstructions.
(ii) Posing a hazard to navigation.
(E) A leaning or severely damaged tree that is in immediatedanger of falling into the waterway may be cut and removedif the tree is associated with or in close proximity to anobstruction. The root system and stump of the tree must beleft in place.
(F) To the extent practicable, the construction of accessroads must be minimized, and should not result in theelevation of the floodplain.
(G) To the extent practicable, work should be performedexclusively from one (1) side of a waterway. Crossing thebed of a waterway is prohibited.
(H) To prevent the flow of sediment laden water back intothe waterway, appropriate sediment control measures mustbe installed.
(I) Within fifteen (15) days, all bare and disturbed areasmust be revegetated with a mixture of grasses and legumes.Tall fescue must not be used under this subdivision, exceptthat low endophyte tall fescue may be used in the bottom ofthe waterway and on side slopes.
(c) A person who desires to:
(1) erect, make, use, or maintain a structure, an obstruction, adeposit, or an excavation; or
(2) suffer or permit a structure, an obstruction, a deposit, or anexcavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified writtenapplication for a permit accompanied by a nonrefundable fee of twohundred dollars ($200).
(d) The application for a permit must set forth the material factstogether with plans and specifications for the structure, obstruction,deposit, or excavation.
(e) An applicant must receive a permit from the director for thework before beginning construction. The director shall issue a permitonly if in the opinion of the director the applicant has clearly proven
that the structure, obstruction, deposit, or excavation will not do anyof the following:
(1) Adversely affect the efficiency of or unduly restrict thecapacity of the floodway.
(2) Constitute an unreasonable hazard to the safety of life orproperty.
(3) Result in unreasonably detrimental effects upon fish,wildlife, or botanical resources.
(f) In deciding whether to issue a permit under this section, thedirector shall consider the cumulative effects of the structure,obstruction, deposit, or excavation. The director may incorporate inand make a part of an order of authorization conditions andrestrictions that the director considers necessary for the purposes ofthis chapter.
(g) A permit issued under this section:
(1) is void if construction is not commenced within two (2)years after the issuance of the permit; and
(2) to:
(A) the Indiana department of transportation or a countyhighway department if there is any federal funding for theproject; or
(B) an electric utility for the construction of a powergenerating facility;
is valid for five (5) years from the date of issuance and remainsvalid indefinitely if construction is commenced within five (5)years after the permit is issued.
(h) The director shall send a copy of each permit issued under thissection to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected.
(i) The permit holder shall post and maintain a permit issuedunder this section at the authorized site.
(j) For the purposes of this chapter, the lowest floor of a building,including a residence or abode, that is to be constructed orreconstructed in the one hundred (100) year floodplain of an areaprotected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lowerthan the one hundred (100) year frequency flood elevation plus one(1) foot.
As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.4;P.L.2-1997, SEC.53; P.L.135-1997, SEC.14; P.L.2-1998, SEC.59;P.L.154-2002, SEC.1; P.L.186-2003, SEC.75; P.L.76-2010, SEC.1.
IC 14-28-1-23
Removal of structures or obstructions
Sec. 23. (a) The director may remove or eliminate a structure, anobstruction, a deposit, or an excavation in a floodway that: (1) adversely affects the efficiency of or unduly restricts thecapacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life orproperty; or
(3) is unreasonably detrimental to fish, wildlife, or botanicalresources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisersand the court shall take into consideration whether the structure,obstruction, deposit, or excavation is legally in or on the floodway.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-24
Reconstruction permits; violations
Sec. 24. (a) This section does not apply to the reconstruction of aresidence located in a boundary river floodway.
(b) A person may not begin the reconstruction of an abode or aresidence that is located in a floodway and is substantially damaged(as defined in 44 CFR 59.1, as in effect on January 1, 1993) unlessthe person has:
(1) obtained a permit under this section or section 26.5 of thischapter; or
(2) demonstrated to the department through the submission ofmaterial facts, plans, and specifications that the material usedto elevate the reconstructed abode or residence:
(A) does not extend beyond the original foundation of theabode or residence; and
(B) meets the criteria set forth in subsection (d)(2) through(d)(7).
(c) A person who desires to reconstruct an abode or a residencethat does not meet the requirements under subsection (b)(2) must filewith the director a verified written application for a permitaccompanied by a nonrefundable fee of fifty dollars ($50). Anapplication submitted under this section must do the following:
(1) Set forth the material facts concerning the proposedreconstruction.
(2) Include the plans and specifications for the reconstruction.
(d) The director may issue a permit to an applicant under thissection only if the applicant has clearly proven all of the following:
(1) The abode or residence will be reconstructed:
(A) in the area of the original foundation and in substantiallythe same configuration as the former abode or residence; or
(B) in a location that is, as determined by the director, saferthan the location of the original foundation.
(2) The lowest floor elevation of the abode or residence asreconstructed, including the basement, will be at least two (2)feet above the one hundred (100) year flood elevation.
(3) The abode or residence will be designed or modified andadequately anchored to prevent flotation, collapse, or lateralmovement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
(4) The abode or residence will be reconstructed with materialsresistant to flood damage.
(5) The abode or residence will be reconstructed by methodsand practices that minimize flood damages.
(6) The abode or residence will be reconstructed with electrical,heating, ventilation, plumbing, and air conditioning equipmentand other service facilities that are designed and located toprevent water from entering or accumulating within thecomponents during conditions of flooding.
(7) The abode or residence, as reconstructed, will comply withthe minimum requirements for floodplain management set forthin 44 CFR Part 60, as in effect on January 1, 1993.
(e) When granting a permit under this section, the director mayestablish and incorporate into the permit certain conditions andrestrictions that the director considers necessary for the purposes ofthis chapter.
(f) A permit issued by the director under this section is void if thereconstruction authorized by the permit is not commenced within two(2) years after the permit is issued.
(g) The director shall send a copy of each permit issued under thissection to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected by the permit.
(h) The person to whom a permit is issued under this section shallpost and maintain the permit at the site of the reconstructionauthorized by the permit.
(i) A person who knowingly:
(1) begins the reconstruction of an abode or a residence inviolation of subsection (b);
(2) violates a condition or restriction of a permit issued underthis section; or
(3) fails to post and maintain a permit at a reconstruction site inviolation of subsection (h);
commits a Class B infraction. Each day that the person is in violationof subsection (b), the permit, or subsection (h) constitutes a separateinfraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,SEC.15; P.L.71-2004, SEC.17; P.L.53-2008, SEC.1.
IC 14-28-1-25
Reconstruction permit exception; violation
Sec. 25. (a) A person who desires to reconstruct an abode or aresidence that:
(1) is located in a floodway; and
(2) is not substantially damaged (as defined in 44 CFR 59.1, asin effect on January 1, 1997);
is not required to obtain a permit from the department for thereconstruction of the abode or residence if the reconstruction will
meet the requirements set forth in 44 CFR Part 60, as in effect onJanuary 1, 1997.
(b) A person who knowingly reconstructs an abode or a residencedescribed in subsection (a) in a way that does not comply with therequirements referred to in subsection (a) commits a Class Binfraction.
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.
IC 14-28-1-26
Additions to structures in floodways
Sec. 26. (a) This section does not apply to the construction of anaddition 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 inIC 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 aresidence that is located in a floodway.
(c) A person may not construct an addition to an abode or aresidence located in a floodway if the addition, in combination withall other additions to the abode or residence that have beenconstructed since the abode or residence was originally built, wouldincrease the market value of the abode or residence to an amountmore than fifty percent (50%) greater than:
(1) the market value of the abode or residence if no additionshave been constructed since the abode or residence wasoriginally built; or
(2) the approximate market value the abode or residence wouldhave in the form in which the abode or residence was originallybuilt if at least one (1) addition has already been constructed.
(d) For the purposes of subsection (c), the market value of anabode or a residence does not include the value of the land on whichthe abode or residence is built.
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997,SEC.17.
IC 14-28-1-26.5
Mobile home or residence in boundary river floodway; permits
Sec. 26.5. (a) This section applies to the following activities:
(1) The placement or replacement of a mobile home within aboundary 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 25of 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 riverfloodway.
(b) The federal regulations that:
(1) were adopted by the director of the Federal EmergencyManagement Agency to implement the National FloodInsurance 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 activityreferred to in subsection (a) is allowed in Indiana. However, thelowest floor of a new residence constructed within a boundary riverfloodway referred to in subsection (a)(4) must be at least two (2) feetabove the one hundred (100) year frequency flood elevation.
(c) A person who wishes to perform an activity referred to insubsection (a) is authorized to perform the activity if:
(1) the federal regulations described in subsection (b) as thegoverning criteria allow the activity; and
(2) the person obtains a permit for the activity under thissection.
(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 apermit on a form provided by the department; and
(2) pay to the department a nonrefundable 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 theconstruction, reconstruction, or repair.
(f) If an application submitted under this section meets therequirements set forth in subsections (d) and (e), the director may notreject the application unless the regulations adopted as the governingcriteria under subsection (b) do not allow the activity.
(g) If the federal regulations adopted as the governing criteriaunder subsection (b) authorize a type of activity only when certainconditions are met, a permit that the director issues for that type ofactivity may require the applicant, in carrying out the activity, tomeet the same conditions.
(h) If:
(1) there is a dispute under this section about the elevation of asite; and
(2) the elevation of the site has been determined by a registeredland surveyor;
the elevation determined by the registered land surveyor must beused as the accepted elevation.
As added by P.L.135-1997, SEC.18. Amended by P.L.121-2003,SEC.1.
IC 14-28-1-27
Contaminants in lakes or floodways prohibited
Sec. 27. (a) Except as provided in subsection (b), this section doesnot apply to the following:
(1) A person using chemicals in a normal manner in theproduction of agricultural products.
(2) A person acting in accordance with an appropriate permitissued by the director.
(3) A person acting in accordance with a permit issued by thedepartment of environmental management under waterpollution control laws (as defined in IC 13-11-2-261) orenvironmental management laws (as defined in IC 13-11-2-71).
(b) This section applies to the permitting requirements set forth inthe 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.
As added by P.L.1-1995, SEC.21. Amended by P.L.1-1996, SEC.66.
IC 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 commissionfloodway.
(b) In the order establishing the commission floodway, thecommission 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 includeparts of the flood plains adjoining the channel that, with thechannel, are reasonably required to efficiently carry anddischarge the flood waters or flood flow of the river or stream.
(c) Notwithstanding any other provision of law, an orderestablishing a commission floodway is not in force until notice hasbeen 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 asprovided in IC 5-3-1-6.
(B) In newspapers in the counties where all or part of thecommission floodway is established as provided inIC 5-3-1-6.
(d) All of the area within a commission floodway is the floodwayfor all purposes of this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-29
Coordination of flood control works; approval of plans orspecifications
Sec. 29. (a) All works of any nature for flood control in Indianathat are established and constructed shall be coordinated in design,construction, and operation according to sound and acceptedengineering practice so as to effect the best flood control obtainablethroughout Indiana. A:
(1) person may not construct or install any works of any naturefor flood control; and
(2) court may not enter the final order or judgment establishingor ordering works constructed;
unless the proposed works and the plans and specifications areapproved by the commission.
(b) The interested parties must file a verified written applicationwith the commission. The commission shall consider all the pertinentfacts relating to the proposed works that will affect flood control inIndiana and shall determine whether the proposed works in the plansand 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 ordisapproving the application, plans, and specifications. If thecommission disapproves the application, the order must set forth theobjectionable features so that the proposed works and plans andspecifications may be corrected or adjusted to obtain the approval ofthe commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-30
Applicability of IC 4-21.5
Sec. 30. IC 4-21.5 applies to the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-1-31
Reports to governor
Sec. 31. The commission shall report to the governor periodicallythe results of the commission's study, investigation, and experienceso that any necessary additional powers and duties may be obtainedto effect and obtain complete flood control and the protection andpreservation of water resources.
As added by P.L.1-1995, SEC.21.
IC 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 theoffense constitutes a separate offense.As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.19.
IC 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 thischapter; 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 chapterconstitutes a separate infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.20.
IC 14-28-1-34
Violations; Class B infractions
Sec. 34. A person who knowingly fails to comply with section22(i) of this chapter commits a Class B infraction. Each day a personviolates section 22(i) of this chapter constitutes a separate infraction.
As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.5;P.L.71-2004, SEC.21.
IC 14-28-1-35
Injunctive relief
Sec. 35. The commission may enjoin a violation of this chapterunder IC 14-25.5-2.
As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.22.
IC 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.