CHAPTER 4. FLOOD PLAIN COMMISSIONS
IC 14-28-4
Chapter 4. Flood Plain Commissions
IC 14-28-4-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to a floodplain commission established under this chapter.
As added by P.L.1-1995, SEC.21.
IC 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 orstructure. The term includes the erection of a structure.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-3
Establishment of flood plain commissions
Sec. 3. A county or municipality may establish a flood plaincommission by ordinance of the unit's legislative body. Thecommission may regulate land uses within identified flood hazardareas under this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-4
Members
Sec. 4. The commission, to be known as the "___________ FloodPlain Commission", consists of three (3) members as follows:
(1) One (1) member of the legislative body of the county ormunicipality to be appointed by the legislative body.
(2) Two (2) citizens who reside within the jurisdiction of thelegislative body and who do not hold an elective public officeto 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.
As added by P.L.1-1995, SEC.21.
IC 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 initialmembers serve from the date of establishment of the commissionuntil the first Monday of January of the following year.
(b) If a vacancy occurs, the appointing authority shall appoint amember to fill the unexpired term.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-6
Officers Sec. 6. (a) At the first regular meeting of each year thecommission shall elect from the members of the commission thefollowing officers:
(1) A president.
(2) A vice president.
(3) A secretary.
(b) The vice president may act as president of the commissionduring the absence or disability of the president.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-7
Regular meetings
Sec. 7. The commission shall fix the time for holding regularmeetings, but the commission shall meet at least one (1) time inJanuary, April, July, and October.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-8
Special meetings
Sec. 8. (a) A special meeting of the commission may be called byany member upon written request to the secretary.
(b) The secretary shall send to all the members, at least two (2)days in advance of a special meeting, a written notice fixing the timeand place of the meeting.
(c) Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regularmeeting; or
(2) all members are present at the special meeting.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-9
Quorum
Sec. 9. A majority of the members of the commission constitutesa quorum. To be official, an action of the commission must beauthorized by a majority of the commission at a regular or specialmeeting.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-10
Disqualification of interested members
Sec. 10. A member of the commission or legislative body of thecounty or municipality may not participate in a hearing or decisionupon a zoning matter, other than the preparation and adoption of aninitial flood plain zoning ordinance, in which the member is directlyor indirectly interested in a financial sense. If a disqualification underthis section occurs:
(1) this fact shall be entered on the records of the commissionor legislative body; and
(2) the remaining members shall act upon the matter.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-11
General powers of commissions
Sec. 11. The commission may do the following:
(1) Exercise general supervision of and make rules for theadministration of the affairs of the commission.
(2) Prescribe uniform rules pertaining to investigations andhearings.
(3) Supervise the fiscal affairs and responsibilities of thecommission.
(4) Keep an accurate and a complete record of all commissionproceedings and assume responsibility for the custody andpreservation of all papers and documents of the commission.
(5) Make recommendations and an annual report to thelegislative body of the county or municipality concerning theoperation of the commission.
(6) Make recommendations to the legislative body on theadoption of the initial flood plain zoning ordinance andamendments and any other matter within the commission'sjurisdiction under this chapter.
(7) Prepare, publish, and distribute reports, ordinances, andother material relating to the activities authorized under thischapter.
(8) Sue and be sued collectively by the commission's legalname, service of process being had on the president of thecommission or any of the members in an action.
(9) Invoke any legal, equitable, or special remedy for theenforcement of this chapter or the commission's action takenunder this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-12
Annual budgets
Sec. 12. The commission shall prepare and submit an annualbudget. After the legislative body of the county or municipality haspassed an ordinance creating a commission:
(1) money may be appropriated to carry out the duties of thecommission; and
(2) the commission may expend, under procedure provided bylaw, money appropriated to the commission for purposes andactivities authorized by this chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-13
Special nonreverting commission funds
Sec. 13. (a) The commission, county, or municipality may acceptgifts, donations, and grants from private and governmental sourcesfor commission purposes. Money accepted shall be deposited in aspecial nonreverting commission fund available for expenditure bythe commission for the purpose designated by the donor.
(b) The disbursing officer of the county or municipality shall draw
warrants against regular funds or the special nonreverting fund onlyupon claims signed by the president and secretary of the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-14
Per diem compensation and traveling expenses
Sec. 14. (a) The county or municipality may compensate themembers of the commission for service on the commission.
(b) When the commission determines that it is necessary formembers to attend in another city or county a state, regional, ornational conference or interview dealing with planning or relatedproblems, the commission may pay the actual expenses of theattending member if the amount has been made available in thecommission's appropriation.
(c) The commission may approve a per diem allowance to amember for the purpose of attending a regular or special meetingheld by the commission if the amount has been made available in thecommission's appropriation.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-15
Proposed initial flood plain zoning ordinances
Sec. 15. (a) To assure the promotion of public health, safety,convenience, and the general welfare within the commission'sjurisdiction, the commission shall prepare a proposed initial floodplain zoning ordinance. The ordinance must provide for thefollowing:
(1) The classification of all land within the jurisdiction of thecounty or municipality into flood plain or nonflooding areas.
(2) The regulation of land use and the location or constructionof buildings and other structures within the areas designated asflood plain areas.
(b) In establishing flood plain districts and regulations, thecommission may use the special flood hazard area maps supplied bythe Federal Insurance Administration or any other criteria approvedby the department.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-16
Land classified as flood plain area; effectiveness of mappings oridentification
Sec. 16. (a) As used in this section, "flood protection grade"means the elevation of the lowest point around the perimeter of abuilding at which flood water may enter the interior of the building.
(b) The land classified as flood plain areas may be:
(1) defined and subclassified in the ordinance as floodway orfloodway fringe; and
(2) further identified as to flood protection grade.
(c) The mappings or other identification of the areas becomeeffective only at the time that accurate information is made available
to the commission and authenticated by the department or the UnitedStates Department of Housing and Urban Development.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-17
Ordinance may require buildings or land to conform;improvement location permit fees
Sec. 17. (a) A flood plain zoning ordinance may require that:
(1) a structure may not be located;
(2) a use may not be changed; and
(3) an improvement location permit may not be issued for astructure or change of use;
on land either platted or unplatted within the jurisdiction of thecommission unless the structure or use and location conform to therequirements of the flood plain zoning ordinance.
(b) The:
(1) commission may set; and
(2) zoning administrator may collect;
reasonable fees for the issuance of improvement location permits.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-18
Zoning administrators
Sec. 18. (a) A flood plain zoning ordinance must designate:
(1) the county auditor;
(2) the county surveyor; or
(3) the municipal clerk or clerk-treasurer;
as applicable, as the zoning administrator who issues improvementlocation permits within the jurisdiction of the commission and inconformance with the flood plain ordinance.
(b) A decision of the zoning administrator may be reviewed bycertiorari procedure. A petition for certiorari must specify thegrounds upon which the petition alleges the illegality of the zoningadministrator's action. The petition must be filed in the circuit courtof the county in which the land is located within thirty (30) days afterthe date of the decision. A change of venue from the county in whichthe property is located may not be granted in any cause arising underthis chapter.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-19
Presentation of proposed ordinance to legislative body
Sec. 19. (a) The commission shall prepare and present theproposed initial zoning ordinance, with explanatory maps, to thelegislative body of the county or municipality.
(b) The legislative body shall do the following:
(1) Consider the proposed initial zoning ordinance.
(2) Return the ordinance within forty-five (45) days with anysuggestions and recommendations to the commission for thecommission's final report.As added by P.L.1-1995, SEC.21.
IC 14-28-4-20
Final report of commission on proposed ordinance
Sec. 20. A county or municipality may not pass an ordinanceunder this chapter until:
(1) the legislative body of the county or municipality receives;and
(2) the natural resources commission approves;
the final report of the commission.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-21
Legislative action on proposed ordinance; hearing
Sec. 21. (a) After the commission submits the final report, thelegislative body of the county or municipality shall give all interestedpersons an opportunity to be heard with reference to the final reportat a public hearing convenient for all persons affected. Thelegislative body shall publish notice of the hearing in a dailynewspaper of general circulation in the county or municipality.
(b) The notice must state the following:
(1) The time and place of the hearing.
(2) That the report contains a flood plain zoning ordinance forthe county or municipality.
(3) That written objections to the proposed zoning ordinancefiled with the clerk of the legislative body at or before thehearings will be heard.
(4) That the hearing will be continued as is necessary.
(c) The notice shall be published at least two (2) times within theten (10) days before the time set for the hearing, during which timethe proposed zoning ordinance shall be kept on file in the office ofthe commission or other designated place for public examination.
(d) Upon completion of the public hearing, the legislative bodyshall proceed to consider the ordinance.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-22
Legislative body may amend or supplement regulations orboundaries in ordinance
Sec. 22. The legislative body of the county or municipality mayamend or supplement the regulations and district boundaries fixed byordinance under this chapter or IC 13-2-22.6 (before its repeal).However, the area designated as flood plain may not be changedunless the change is based upon data:
(1) supplied by the United States Department of Housing andUrban Development; or
(2) supplied or approved by the department.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-23 Petition to amend or supplement zoning ordinance
Sec. 23. The:
(1) commission; or
(2) owners of at least fifty percent (50%) of the land areainvolved in the matter set forth in a petition;
may present signed petitions to the legislative body of the county ormunicipality requesting an amendment or supplement of theregulations of the zoning ordinance.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-24
Referral of proposed amendment, supplement, or repeal tocommission
Sec. 24. The legislative body shall refer a proposed ordinance forthe amendment, supplement, or repeal of the zoning ordinance notoriginating from petition of the commission to the commission forconsideration and a report before the legislative body of the countyor municipality takes final action.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-25
Legislative action on proposed amendment, supplement, or repeal;hearing
Sec. 25. (a) Before the commission submits to the legislativebody:
(1) a petition; or
(2) a report on a proposed ordinance referred to thecommission;
for an amendment, a supplement, or a repeal of the zoning ordinance,the commission shall hold a public hearing.
(b) At least ten (10) days before the date set for the hearing, thecommission shall publish in a newspaper of general circulation in thecounty or municipality a notice of the time and place of the hearing.
(c) After the public hearing has been held, the commission mayby resolution recommend the proposed amendments to the legislativebody of the county or municipality. However:
(1) the commission may not recommend; and
(2) the legislative body may not adopt;
flood plain district boundaries less extensive than those establishedby the United States Department of Housing and Urban Developmentor the department.
(d) The secretary shall do the following:
(1) Certify a copy of an amendment to the legislative body.
(2) Present the amendment at the legislative body's first meetingfollowing commission action.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-26
Building or land violating ordinance declared public nuisance;investigations Sec. 26. (a) The legislative body of the county or municipalitymay declare:
(1) a building erected, raised, or converted; or
(2) land or premises used;
in violation of an ordinance or a regulation adopted under thischapter or under IC 13-2-22.6 (before its repeal) to be a commonnuisance. The owner of the building, land, or premises is liable formaintaining a common nuisance.
(b) If penalties have been provided for violation of an ordinance,the attorney of the county or municipality shall, upon receipt ofinformation of a violation of an ordinance or a regulation adoptedunder the county's or municipality's authority, make an investigationof the alleged violation. If the facts are sufficient to establish areasonable belief that a violation has occurred, the attorney may filea complaint against the violator and prosecute the alleged violation.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-27
Injunctive relief
Sec. 27. (a) The commission may institute the following:
(1) A suit for injunction in the circuit court with jurisdiction inthe county to restrain an individual or a governmental entityfrom violating this chapter or an ordinance adopted under thischapter or under IC 13-2-22.6 (before its repeal).
(2) A suit for a mandatory injunction directing an individual ora governmental entity to remove a structure erected in violationof:
(A) this chapter or IC 13-2-22.6 (before its repeal); or
(B) an ordinance adopted under this chapter or underIC 13-2-22.6 (before its repeal).
(b) If the commission is successful in the commission's suit, therespondent shall pay the costs of the action. A change of venue fromthe county may not be granted.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-28
Compensation or damages precluded for taking of or injury tobuilding or land violating ordinance
Sec. 28. In:
(1) a proceeding by a county or municipality for the taking,appropriation, or condemnation of land; or
(2) an action against a county or municipality;
compensation or damages may not be awarded for the taking of orinjury to a structure erected in violation of an ordinance adoptedunder this chapter or under IC 13-2-22.6 (before its repeal).
As added by P.L.1-1995, SEC.21.
IC 14-28-4-29
Purpose of chapter
Sec. 29. (a) It is the purpose of this chapter to enable counties and
municipalities that have not adopted effective land use ordinancesunder IC 36-7 to comply with the requirements of:
(1) the federal National Flood Insurance Act (42 U.S.C. 4001through 4127);
(2) IC 14-28-1; and
(3) IC 14-28-3;
by permitting the establishment of a single-purpose zoning authorityto adopt minimum standards and regulations for the management ofidentified flood hazard areas.
(b) Because zoning ordinances adopted under comprehensiveplanning legislation require extensive preparation time and becausethe national flood insurance program and the state statutes enactedunder the program require identified counties and municipalities toregulate land use and improvements to the land in flood hazard areasbefore those zoning ordinances can be adequately prepared, thischapter authorizes counties and municipalities that do not have landuse regulation ordinances in effect to form single-purpose flood plaincommissions to administer certain local ordinances, including thefollowing:
(1) A set of minimum standards and regulations to meet therequirements of state and federal flood hazard area programs.
(2) An improvement location permit system to ensure that everynew location, land use, or structure in the jurisdiction conformsto flood hazard area regulations.
(3) A set of enforcement procedures suitable to ensureminimum compliance with the regulations.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-30
Powers of state, agencies, and subdivisions not affected
Sec. 30. (a) This chapter is supplemental to and does not abrogatethe powers extended to agencies, bureaus, departments,commissions, divisions, or officials of state government by otherstatutes, and these powers remain in full effect. Except as otherwiseprovided in this chapter, powers of supervision and regulation bydivisions of state government over counties, municipalities,individuals, firms, limited liability companies, or corporations alsoare not abrogated and continue in full effect.
(b) This chapter does not restrict or prohibit the state or any of thestate's political subdivisions from the commemoration of persons orobjects of historical or architectural interest or value as a part of ourcitizens' heritage.
As added by P.L.1-1995, SEC.21.
IC 14-28-4-31
Effect of ordinances adopted under IC 36-7
Sec. 31. The adoption of a zoning ordinance under IC 36-7 thatprovides for flood plain management within the jurisdiction of acounty or municipality immediately voids a flood plain commission,ordinance, or regulation adopted under: (1) this chapter; or
(2) IC 13-2-22.6 (before its repeal).
As added by P.L.1-1995, SEC.21.