CHAPTER 3. FLOOD PLAIN MANAGEMENT

IC 14-28-3
    Chapter 3. Flood Plain Management

IC 14-28-3-1
Legislative finding
    Sec. 1. The general assembly finds the following:
        (1) That the loss of lives and property, the disruption ofcommerce and government services, and the unsanitaryconditions caused by floods, all of which are detrimental to thehealth, safety, and welfare of the people of Indiana, are a matterof deep concern.
        (2) That structural measures alone do not provide an adequatesolution to flood problems.
        (3) That it is necessary to enact and implement a state floodplain management program to decrease existing flood damages,mitigate future flood damages, and promote the health, safety,and general welfare of the people of Indiana.
As added by P.L.1-1995, SEC.21.

IC 14-28-3-2
Adoption of rules
    Sec. 2. The commission shall develop and adopt appropriate rulesunder IC 4-22-2, including consideration of nonconforming uses, asminimum standards for the delineation and regulation of all floodhazard areas within Indiana. The commission and all counties andmunicipalities shall consider the production of crops, pasture, forests,and park and recreational uses to be conforming uses. These specificconforming uses shall be included as minimum standards in adoptionof the rules.
As added by P.L.1-1995, SEC.21.

IC 14-28-3-3
Designation and regulation of flood hazard areas by subdivisions
    Sec. 3. (a) All counties and municipalities are encouraged andauthorized to delineate and regulate all flood hazard areas withintheir respective jurisdictions by adopting and implementing allnecessary ordinances, rules, and regulations under proceduresestablished by law. For ordinances, rules, and regulations adoptedafter June 30, 1974, the ordinances, rules, and regulations:
        (1) may not be less restrictive than the minimum rules of thecommission adopted under section 2 of this chapter; and
        (2) must be approved by the commission before the effectivedate.
    (b) This chapter does not prevent a county or municipality fromadopting ordinances, rules, and regulations that are more restrictivethan the minimum rules adopted by the commission.
As added by P.L.1-1995, SEC.21.

IC 14-28-3-4
Assistance and cooperation from commission    Sec. 4. (a) The commission may provide technical data andinformation and otherwise assist a county or municipality in thefollowing:
        (1) The identification and delineation of all flood hazard areaswithin the jurisdiction of the county or municipality.
        (2) The preparation of all necessary ordinances, rules, andregulations.
    (b) The commission may cooperate with a state, regional, local,or federal board, commission, or agency in the preparation ofnecessary information or data.
As added by P.L.1-1995, SEC.21.

IC 14-28-3-5
Commission approval required for certain permits within floodhazard areas
    Sec. 5. A county or municipality may not issue a permit for astructure, an obstruction, a deposit, or an excavation within a floodhazard area or part of a flood hazard area that lies within a floodwaywithout the prior written approval of the commission as provided inIC 14-28-1.
As added by P.L.1-1995, SEC.21.

IC 14-28-3-6
Cooperation of public agencies and personnel
    Sec. 6. City, county, and state employees, agencies, boards,districts, and commissions may cooperate with and furnishinformation to the commission or a county or municipality for thepurpose of implementing this chapter.
As added by P.L.1-1995, SEC.21.