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 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. 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 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. 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 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. 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 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. As added by P.L.1-1995, SEC.21.
IC 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. 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 furnish
information to the commission or a county or municipality for the
purpose of implementing this chapter. As added by P.L.1-1995, SEC.21.
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 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. 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 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. 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 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. 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 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. As added by P.L.1-1995, SEC.21.
IC 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. 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 furnish
information to the commission or a county or municipality for the
purpose of implementing this chapter. As added by P.L.1-1995, SEC.21.
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 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. 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 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. 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 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. 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 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. As added by P.L.1-1995, SEC.21.
IC 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. 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 furnish
information to the commission or a county or municipality for the
purpose of implementing this chapter. As added by P.L.1-1995, SEC.21.
