IC 14-28-4-1 "Commission" defined
Sec. 1. As used in this chapter, "commission" refers to a flood
plain 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 or
structure. 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 plain
commission by ordinance of the unit's legislative body. The
commission may regulate land uses within identified flood hazard
areas 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 "___________ 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. 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 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. 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 the
commission shall elect from the members of the commission the
following officers:
(1) A president.
(2) A vice president.
(3) A secretary.
(b) The vice president may act as president of the commission
during 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 regular
meetings, but the commission shall meet at least one (1) time in
January, 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 by
any 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 time
and 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 regular
meeting; 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 constitutes
a quorum. To be official, an action of the commission must be
authorized by a majority of the commission at a regular or special
meeting. 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 the
county or municipality may not participate in a hearing or decision
upon a zoning matter, other than the preparation and adoption of an
initial flood plain zoning ordinance, in which the member is directly
or indirectly interested in a financial sense. If a disqualification under
this section occurs:
(1) this fact shall be entered on the records of the commission
or 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 the
administration of the affairs of the commission.
(2) Prescribe uniform rules pertaining to investigations and
hearings.
(3) Supervise the fiscal affairs and responsibilities of the
commission.
(4) Keep an accurate and a complete record of all commission
proceedings and assume responsibility for the custody and
preservation of all papers and documents of the commission.
(5) Make recommendations and an annual report to the
legislative body of the county or municipality concerning the
operation of the commission.
(6) Make recommendations to the legislative body on the
adoption of the initial flood plain zoning ordinance and
amendments and any other matter within the commission's
jurisdiction under this chapter.
(7) Prepare, publish, and distribute reports, ordinances, and
other material relating to the activities authorized under this
chapter.
(8) Sue and be sued collectively by the commission's legal
name, service of process being had on the president of the
commission or any of the members in an action.
(9) Invoke any legal, equitable, or special remedy for the
enforcement of this chapter or the commission's action taken
under 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 annual
budget. After the legislative body of the county or municipality has
passed an ordinance creating a commission:
(1) money may be appropriated to carry out the duties of the
commission; and
(2) the commission may expend, under procedure provided by
law, money appropriated to the commission for purposes and
activities 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 accept
gifts, donations, and grants from private and governmental sources
for commission purposes. Money accepted shall be deposited in a
special nonreverting commission fund available for expenditure by
the 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 only
upon 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 the
members of the commission for service on the commission.
(b) When the commission determines that it is necessary for
members to attend in another city or county a state, regional, or
national conference or interview dealing with planning or related
problems, the commission may pay the actual expenses of the
attending member if the amount has been made available in the
commission's appropriation.
(c) The commission may approve a per diem allowance to a
member for the purpose of attending a regular or special meeting
held by the commission if the amount has been made available in the
commission'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's
jurisdiction, the commission shall prepare a proposed initial flood
plain zoning ordinance. The ordinance must provide for the
following:
(1) The classification of all land within the jurisdiction of the
county or municipality into flood plain or nonflooding areas.
(2) The regulation of land use and the location or construction
of buildings and other structures within the areas designated as
flood plain areas.
(b) In establishing flood plain districts and regulations, the
commission may use the special flood hazard area maps supplied by
the Federal Insurance Administration or any other criteria approved
by 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 or
identification
Sec. 16. (a) As used in this section, "flood protection grade"
means the elevation of the lowest point around the perimeter of a
building 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 or
floodway fringe; and
(2) further identified as to flood protection grade.
(c) The mappings or other identification of the areas become
effective only at the time that accurate information is made available
to the commission and authenticated by the department or the United
States 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 a
structure or change of use;
on land either platted or unplatted within the jurisdiction of the
commission unless the structure or use and location conform to the
requirements 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 improvement
location permits within the jurisdiction of the commission and in
conformance with the flood plain ordinance.
(b) A decision of the zoning administrator may be reviewed by
certiorari procedure. A petition for certiorari must specify the
grounds upon which the petition alleges the illegality of the zoning
administrator's action. The petition must be filed in the circuit court
of the county in which the land is located within thirty (30) days after
the date of the decision. A change of venue from the county in which
the property is located may not be granted in any cause arising under
this 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 the
proposed initial zoning ordinance, with explanatory maps, to the
legislative 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 any
suggestions and recommendations to the commission for the
commission'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 ordinance
under 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, the
legislative body of the county or municipality shall give all interested
persons an opportunity to be heard with reference to the final report
at a public hearing convenient for all persons affected. The
legislative body shall publish notice of the hearing in a daily
newspaper 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 for
the county or municipality.
(3) That written objections to the proposed zoning ordinance
filed with the clerk of the legislative body at or before the
hearings 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 the
ten (10) days before the time set for the hearing, during which time
the proposed zoning ordinance shall be kept on file in the office of
the commission or other designated place for public examination.
(d) Upon completion of the public hearing, the legislative body
shall 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 or
boundaries in ordinance
Sec. 22. The legislative body of the county or municipality may
amend or supplement the regulations and district boundaries fixed by
ordinance under this chapter or IC 13-2-22.6 (before its repeal).
However, the area designated as flood plain may not be changed
unless the change is based upon data:
(1) supplied by the United States Department of Housing and
Urban 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 area
involved in the matter set forth in a petition;
may present signed petitions to the legislative body of the county or
municipality requesting an amendment or supplement of the
regulations 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 to
commission
Sec. 24. The legislative body shall refer a proposed ordinance for
the amendment, supplement, or repeal of the zoning ordinance not
originating from petition of the commission to the commission for
consideration and a report before the legislative body of the county
or 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 legislative
body:
(1) a petition; or
(2) a report on a proposed ordinance referred to the
commission;
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, the
commission shall publish in a newspaper of general circulation in the
county or municipality a notice of the time and place of the hearing.
(c) After the public hearing has been held, the commission may
by resolution recommend the proposed amendments to the legislative
body 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 established
by the United States Department of Housing and Urban Development
or 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 meeting
following 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 municipality
may declare:
(1) a building erected, raised, or converted; or
(2) land or premises used;
in violation of an ordinance or a regulation adopted under this
chapter or under IC 13-2-22.6 (before its repeal) to be a common
nuisance. The owner of the building, land, or premises is liable for
maintaining a common nuisance.
(b) If penalties have been provided for violation of an ordinance,
the attorney of the county or municipality shall, upon receipt of
information of a violation of an ordinance or a regulation adopted
under the county's or municipality's authority, make an investigation
of the alleged violation. If the facts are sufficient to establish a
reasonable belief that a violation has occurred, the attorney may file
a 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 in
the county to restrain an individual or a governmental entity
from violating this chapter or an ordinance adopted under this
chapter or under IC 13-2-22.6 (before its repeal).
(2) A suit for a mandatory injunction directing an individual or
a governmental entity to remove a structure erected in violation
of:
(A) this chapter or IC 13-2-22.6 (before its repeal); or
(B) an ordinance adopted under this chapter or under
IC 13-2-22.6 (before its repeal).
(b) If the commission is successful in the commission's suit, the
respondent shall pay the costs of the action. A change of venue from
the 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 to
building 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 or
injury to a structure erected in violation of an ordinance adopted
under 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 ordinances
under IC 36-7 to comply with the requirements of:
(1) the federal National Flood Insurance Act (42 U.S.C. 4001
through 4127);
(2) IC 14-28-1; and
(3) IC 14-28-3;
by permitting the establishment of a single-purpose zoning authority
to adopt minimum standards and regulations for the management of
identified flood hazard areas.
(b) Because zoning ordinances adopted under comprehensive
planning legislation require extensive preparation time and because
the national flood insurance program and the state statutes enacted
under the program require identified counties and municipalities to
regulate land use and improvements to the land in flood hazard areas
before those zoning ordinances can be adequately prepared, this
chapter authorizes counties and municipalities that do not have land
use regulation ordinances in effect to form single-purpose flood plain
commissions to administer certain local ordinances, including the
following:
(1) A set of minimum standards and regulations to meet the
requirements of state and federal flood hazard area programs.
(2) An improvement location permit system to ensure that every
new location, land use, or structure in the jurisdiction conforms
to flood hazard area regulations.
(3) A set of enforcement procedures suitable to ensure
minimum 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 abrogate
the powers extended to agencies, bureaus, departments,
commissions, divisions, or officials of state government by other
statutes, and these powers remain in full effect. Except as otherwise
provided in this chapter, powers of supervision and regulation by
divisions of state government over counties, municipalities,
individuals, firms, limited liability companies, or corporations also
are not abrogated and continue in full effect.
(b) This chapter does not restrict or prohibit the state or any of the
state's political subdivisions from the commemoration of persons or
objects of historical or architectural interest or value as a part of our
citizens' 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 that
provides for flood plain management within the jurisdiction of a
county 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.
IC 14-28-4-1 "Commission" defined
Sec. 1. As used in this chapter, "commission" refers to a flood
plain 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 or
structure. 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 plain
commission by ordinance of the unit's legislative body. The
commission may regulate land uses within identified flood hazard
areas 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 "___________ 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. 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 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. 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 the
commission shall elect from the members of the commission the
following officers:
(1) A president.
(2) A vice president.
(3) A secretary.
(b) The vice president may act as president of the commission
during 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 regular
meetings, but the commission shall meet at least one (1) time in
January, 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 by
any 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 time
and 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 regular
meeting; 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 constitutes
a quorum. To be official, an action of the commission must be
authorized by a majority of the commission at a regular or special
meeting. 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 the
county or municipality may not participate in a hearing or decision
upon a zoning matter, other than the preparation and adoption of an
initial flood plain zoning ordinance, in which the member is directly
or indirectly interested in a financial sense. If a disqualification under
this section occurs:
(1) this fact shall be entered on the records of the commission
or 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 the
administration of the affairs of the commission.
(2) Prescribe uniform rules pertaining to investigations and
hearings.
(3) Supervise the fiscal affairs and responsibilities of the
commission.
(4) Keep an accurate and a complete record of all commission
proceedings and assume responsibility for the custody and
preservation of all papers and documents of the commission.
(5) Make recommendations and an annual report to the
legislative body of the county or municipality concerning the
operation of the commission.
(6) Make recommendations to the legislative body on the
adoption of the initial flood plain zoning ordinance and
amendments and any other matter within the commission's
jurisdiction under this chapter.
(7) Prepare, publish, and distribute reports, ordinances, and
other material relating to the activities authorized under this
chapter.
(8) Sue and be sued collectively by the commission's legal
name, service of process being had on the president of the
commission or any of the members in an action.
(9) Invoke any legal, equitable, or special remedy for the
enforcement of this chapter or the commission's action taken
under 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 annual
budget. After the legislative body of the county or municipality has
passed an ordinance creating a commission:
(1) money may be appropriated to carry out the duties of the
commission; and
(2) the commission may expend, under procedure provided by
law, money appropriated to the commission for purposes and
activities 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 accept
gifts, donations, and grants from private and governmental sources
for commission purposes. Money accepted shall be deposited in a
special nonreverting commission fund available for expenditure by
the 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 only
upon 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 the
members of the commission for service on the commission.
(b) When the commission determines that it is necessary for
members to attend in another city or county a state, regional, or
national conference or interview dealing with planning or related
problems, the commission may pay the actual expenses of the
attending member if the amount has been made available in the
commission's appropriation.
(c) The commission may approve a per diem allowance to a
member for the purpose of attending a regular or special meeting
held by the commission if the amount has been made available in the
commission'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's
jurisdiction, the commission shall prepare a proposed initial flood
plain zoning ordinance. The ordinance must provide for the
following:
(1) The classification of all land within the jurisdiction of the
county or municipality into flood plain or nonflooding areas.
(2) The regulation of land use and the location or construction
of buildings and other structures within the areas designated as
flood plain areas.
(b) In establishing flood plain districts and regulations, the
commission may use the special flood hazard area maps supplied by
the Federal Insurance Administration or any other criteria approved
by 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 or
identification
Sec. 16. (a) As used in this section, "flood protection grade"
means the elevation of the lowest point around the perimeter of a
building 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 or
floodway fringe; and
(2) further identified as to flood protection grade.
(c) The mappings or other identification of the areas become
effective only at the time that accurate information is made available
to the commission and authenticated by the department or the United
States 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 a
structure or change of use;
on land either platted or unplatted within the jurisdiction of the
commission unless the structure or use and location conform to the
requirements 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 improvement
location permits within the jurisdiction of the commission and in
conformance with the flood plain ordinance.
(b) A decision of the zoning administrator may be reviewed by
certiorari procedure. A petition for certiorari must specify the
grounds upon which the petition alleges the illegality of the zoning
administrator's action. The petition must be filed in the circuit court
of the county in which the land is located within thirty (30) days after
the date of the decision. A change of venue from the county in which
the property is located may not be granted in any cause arising under
this 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 the
proposed initial zoning ordinance, with explanatory maps, to the
legislative 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 any
suggestions and recommendations to the commission for the
commission'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 ordinance
under 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, the
legislative body of the county or municipality shall give all interested
persons an opportunity to be heard with reference to the final report
at a public hearing convenient for all persons affected. The
legislative body shall publish notice of the hearing in a daily
newspaper 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 for
the county or municipality.
(3) That written objections to the proposed zoning ordinance
filed with the clerk of the legislative body at or before the
hearings 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 the
ten (10) days before the time set for the hearing, during which time
the proposed zoning ordinance shall be kept on file in the office of
the commission or other designated place for public examination.
(d) Upon completion of the public hearing, the legislative body
shall 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 or
boundaries in ordinance
Sec. 22. The legislative body of the county or municipality may
amend or supplement the regulations and district boundaries fixed by
ordinance under this chapter or IC 13-2-22.6 (before its repeal).
However, the area designated as flood plain may not be changed
unless the change is based upon data:
(1) supplied by the United States Department of Housing and
Urban 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 area
involved in the matter set forth in a petition;
may present signed petitions to the legislative body of the county or
municipality requesting an amendment or supplement of the
regulations 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 to
commission
Sec. 24. The legislative body shall refer a proposed ordinance for
the amendment, supplement, or repeal of the zoning ordinance not
originating from petition of the commission to the commission for
consideration and a report before the legislative body of the county
or 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 legislative
body:
(1) a petition; or
(2) a report on a proposed ordinance referred to the
commission;
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, the
commission shall publish in a newspaper of general circulation in the
county or municipality a notice of the time and place of the hearing.
(c) After the public hearing has been held, the commission may
by resolution recommend the proposed amendments to the legislative
body 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 established
by the United States Department of Housing and Urban Development
or 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 meeting
following 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 municipality
may declare:
(1) a building erected, raised, or converted; or
(2) land or premises used;
in violation of an ordinance or a regulation adopted under this
chapter or under IC 13-2-22.6 (before its repeal) to be a common
nuisance. The owner of the building, land, or premises is liable for
maintaining a common nuisance.
(b) If penalties have been provided for violation of an ordinance,
the attorney of the county or municipality shall, upon receipt of
information of a violation of an ordinance or a regulation adopted
under the county's or municipality's authority, make an investigation
of the alleged violation. If the facts are sufficient to establish a
reasonable belief that a violation has occurred, the attorney may file
a 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 in
the county to restrain an individual or a governmental entity
from violating this chapter or an ordinance adopted under this
chapter or under IC 13-2-22.6 (before its repeal).
(2) A suit for a mandatory injunction directing an individual or
a governmental entity to remove a structure erected in violation
of:
(A) this chapter or IC 13-2-22.6 (before its repeal); or
(B) an ordinance adopted under this chapter or under
IC 13-2-22.6 (before its repeal).
(b) If the commission is successful in the commission's suit, the
respondent shall pay the costs of the action. A change of venue from
the 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 to
building 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 or
injury to a structure erected in violation of an ordinance adopted
under 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 ordinances
under IC 36-7 to comply with the requirements of:
(1) the federal National Flood Insurance Act (42 U.S.C. 4001
through 4127);
(2) IC 14-28-1; and
(3) IC 14-28-3;
by permitting the establishment of a single-purpose zoning authority
to adopt minimum standards and regulations for the management of
identified flood hazard areas.
(b) Because zoning ordinances adopted under comprehensive
planning legislation require extensive preparation time and because
the national flood insurance program and the state statutes enacted
under the program require identified counties and municipalities to
regulate land use and improvements to the land in flood hazard areas
before those zoning ordinances can be adequately prepared, this
chapter authorizes counties and municipalities that do not have land
use regulation ordinances in effect to form single-purpose flood plain
commissions to administer certain local ordinances, including the
following:
(1) A set of minimum standards and regulations to meet the
requirements of state and federal flood hazard area programs.
(2) An improvement location permit system to ensure that every
new location, land use, or structure in the jurisdiction conforms
to flood hazard area regulations.
(3) A set of enforcement procedures suitable to ensure
minimum 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 abrogate
the powers extended to agencies, bureaus, departments,
commissions, divisions, or officials of state government by other
statutes, and these powers remain in full effect. Except as otherwise
provided in this chapter, powers of supervision and regulation by
divisions of state government over counties, municipalities,
individuals, firms, limited liability companies, or corporations also
are not abrogated and continue in full effect.
(b) This chapter does not restrict or prohibit the state or any of the
state's political subdivisions from the commemoration of persons or
objects of historical or architectural interest or value as a part of our
citizens' 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 that
provides for flood plain management within the jurisdiction of a
county 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.
IC 14-28-4-1 "Commission" defined
Sec. 1. As used in this chapter, "commission" refers to a flood
plain 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 or
structure. 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 plain
commission by ordinance of the unit's legislative body. The
commission may regulate land uses within identified flood hazard
areas 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 "___________ 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. 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 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. 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 the
commission shall elect from the members of the commission the
following officers:
(1) A president.
(2) A vice president.
(3) A secretary.
(b) The vice president may act as president of the commission
during 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 regular
meetings, but the commission shall meet at least one (1) time in
January, 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 by
any 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 time
and 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 regular
meeting; 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 constitutes
a quorum. To be official, an action of the commission must be
authorized by a majority of the commission at a regular or special
meeting. 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 the
county or municipality may not participate in a hearing or decision
upon a zoning matter, other than the preparation and adoption of an
initial flood plain zoning ordinance, in which the member is directly
or indirectly interested in a financial sense. If a disqualification under
this section occurs:
(1) this fact shall be entered on the records of the commission
or 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 the
administration of the affairs of the commission.
(2) Prescribe uniform rules pertaining to investigations and
hearings.
(3) Supervise the fiscal affairs and responsibilities of the
commission.
(4) Keep an accurate and a complete record of all commission
proceedings and assume responsibility for the custody and
preservation of all papers and documents of the commission.
(5) Make recommendations and an annual report to the
legislative body of the county or municipality concerning the
operation of the commission.
(6) Make recommendations to the legislative body on the
adoption of the initial flood plain zoning ordinance and
amendments and any other matter within the commission's
jurisdiction under this chapter.
(7) Prepare, publish, and distribute reports, ordinances, and
other material relating to the activities authorized under this
chapter.
(8) Sue and be sued collectively by the commission's legal
name, service of process being had on the president of the
commission or any of the members in an action.
(9) Invoke any legal, equitable, or special remedy for the
enforcement of this chapter or the commission's action taken
under 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 annual
budget. After the legislative body of the county or municipality has
passed an ordinance creating a commission:
(1) money may be appropriated to carry out the duties of the
commission; and
(2) the commission may expend, under procedure provided by
law, money appropriated to the commission for purposes and
activities 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 accept
gifts, donations, and grants from private and governmental sources
for commission purposes. Money accepted shall be deposited in a
special nonreverting commission fund available for expenditure by
the 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 only
upon 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 the
members of the commission for service on the commission.
(b) When the commission determines that it is necessary for
members to attend in another city or county a state, regional, or
national conference or interview dealing with planning or related
problems, the commission may pay the actual expenses of the
attending member if the amount has been made available in the
commission's appropriation.
(c) The commission may approve a per diem allowance to a
member for the purpose of attending a regular or special meeting
held by the commission if the amount has been made available in the
commission'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's
jurisdiction, the commission shall prepare a proposed initial flood
plain zoning ordinance. The ordinance must provide for the
following:
(1) The classification of all land within the jurisdiction of the
county or municipality into flood plain or nonflooding areas.
(2) The regulation of land use and the location or construction
of buildings and other structures within the areas designated as
flood plain areas.
(b) In establishing flood plain districts and regulations, the
commission may use the special flood hazard area maps supplied by
the Federal Insurance Administration or any other criteria approved
by 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 or
identification
Sec. 16. (a) As used in this section, "flood protection grade"
means the elevation of the lowest point around the perimeter of a
building 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 or
floodway fringe; and
(2) further identified as to flood protection grade.
(c) The mappings or other identification of the areas become
effective only at the time that accurate information is made available
to the commission and authenticated by the department or the United
States 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 a
structure or change of use;
on land either platted or unplatted within the jurisdiction of the
commission unless the structure or use and location conform to the
requirements 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 improvement
location permits within the jurisdiction of the commission and in
conformance with the flood plain ordinance.
(b) A decision of the zoning administrator may be reviewed by
certiorari procedure. A petition for certiorari must specify the
grounds upon which the petition alleges the illegality of the zoning
administrator's action. The petition must be filed in the circuit court
of the county in which the land is located within thirty (30) days after
the date of the decision. A change of venue from the county in which
the property is located may not be granted in any cause arising under
this 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 the
proposed initial zoning ordinance, with explanatory maps, to the
legislative 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 any
suggestions and recommendations to the commission for the
commission'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 ordinance
under 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, the
legislative body of the county or municipality shall give all interested
persons an opportunity to be heard with reference to the final report
at a public hearing convenient for all persons affected. The
legislative body shall publish notice of the hearing in a daily
newspaper 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 for
the county or municipality.
(3) That written objections to the proposed zoning ordinance
filed with the clerk of the legislative body at or before the
hearings 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 the
ten (10) days before the time set for the hearing, during which time
the proposed zoning ordinance shall be kept on file in the office of
the commission or other designated place for public examination.
(d) Upon completion of the public hearing, the legislative body
shall 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 or
boundaries in ordinance
Sec. 22. The legislative body of the county or municipality may
amend or supplement the regulations and district boundaries fixed by
ordinance under this chapter or IC 13-2-22.6 (before its repeal).
However, the area designated as flood plain may not be changed
unless the change is based upon data:
(1) supplied by the United States Department of Housing and
Urban 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 area
involved in the matter set forth in a petition;
may present signed petitions to the legislative body of the county or
municipality requesting an amendment or supplement of the
regulations 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 to
commission
Sec. 24. The legislative body shall refer a proposed ordinance for
the amendment, supplement, or repeal of the zoning ordinance not
originating from petition of the commission to the commission for
consideration and a report before the legislative body of the county
or 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 legislative
body:
(1) a petition; or
(2) a report on a proposed ordinance referred to the
commission;
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, the
commission shall publish in a newspaper of general circulation in the
county or municipality a notice of the time and place of the hearing.
(c) After the public hearing has been held, the commission may
by resolution recommend the proposed amendments to the legislative
body 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 established
by the United States Department of Housing and Urban Development
or 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 meeting
following 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 municipality
may declare:
(1) a building erected, raised, or converted; or
(2) land or premises used;
in violation of an ordinance or a regulation adopted under this
chapter or under IC 13-2-22.6 (before its repeal) to be a common
nuisance. The owner of the building, land, or premises is liable for
maintaining a common nuisance.
(b) If penalties have been provided for violation of an ordinance,
the attorney of the county or municipality shall, upon receipt of
information of a violation of an ordinance or a regulation adopted
under the county's or municipality's authority, make an investigation
of the alleged violation. If the facts are sufficient to establish a
reasonable belief that a violation has occurred, the attorney may file
a 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 in
the county to restrain an individual or a governmental entity
from violating this chapter or an ordinance adopted under this
chapter or under IC 13-2-22.6 (before its repeal).
(2) A suit for a mandatory injunction directing an individual or
a governmental entity to remove a structure erected in violation
of:
(A) this chapter or IC 13-2-22.6 (before its repeal); or
(B) an ordinance adopted under this chapter or under
IC 13-2-22.6 (before its repeal).
(b) If the commission is successful in the commission's suit, the
respondent shall pay the costs of the action. A change of venue from
the 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 to
building 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 or
injury to a structure erected in violation of an ordinance adopted
under 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 ordinances
under IC 36-7 to comply with the requirements of:
(1) the federal National Flood Insurance Act (42 U.S.C. 4001
through 4127);
(2) IC 14-28-1; and
(3) IC 14-28-3;
by permitting the establishment of a single-purpose zoning authority
to adopt minimum standards and regulations for the management of
identified flood hazard areas.
(b) Because zoning ordinances adopted under comprehensive
planning legislation require extensive preparation time and because
the national flood insurance program and the state statutes enacted
under the program require identified counties and municipalities to
regulate land use and improvements to the land in flood hazard areas
before those zoning ordinances can be adequately prepared, this
chapter authorizes counties and municipalities that do not have land
use regulation ordinances in effect to form single-purpose flood plain
commissions to administer certain local ordinances, including the
following:
(1) A set of minimum standards and regulations to meet the
requirements of state and federal flood hazard area programs.
(2) An improvement location permit system to ensure that every
new location, land use, or structure in the jurisdiction conforms
to flood hazard area regulations.
(3) A set of enforcement procedures suitable to ensure
minimum 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 abrogate
the powers extended to agencies, bureaus, departments,
commissions, divisions, or officials of state government by other
statutes, and these powers remain in full effect. Except as otherwise
provided in this chapter, powers of supervision and regulation by
divisions of state government over counties, municipalities,
individuals, firms, limited liability companies, or corporations also
are not abrogated and continue in full effect.
(b) This chapter does not restrict or prohibit the state or any of the
state's political subdivisions from the commemoration of persons or
objects of historical or architectural interest or value as a part of our
citizens' 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 that
provides for flood plain management within the jurisdiction of a
county 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.
