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Indiana Code Title 14. Natural and Cultural Resources § 14-28-1-26.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 26.5. (a) This section applies to the following activities:

(1) The placement or replacement of a mobile home within a boundary river floodway.

(2) The repair of a residence that:

(A) is located in a boundary river floodway;  and

(B) has been damaged by floodwaters or another means;

except for the reconstruction of a residence to which section 25 of this chapter applies.

(3) The construction of an:

(A) addition to;  or

(B) improvement of;

a residential structure within a boundary river floodway.

(4) The construction of a new residence within a boundary river floodway.

(b) The federal regulations that:

(1) were adopted by the director of the Federal Emergency Management Agency to implement the National Flood Insurance Act (42 U.S.C. 4001 et seq.);

(2) are published in 44 CFR Parts 59 through 60;  and

(3) are in effect on January 1, 1997;

are adopted as the criteria for determining whether an activity referred to in subsection (a) is allowed in Indiana.  However, the lowest floor of a new residence constructed within a boundary river floodway referred to in subsection (a)(4) must be at least two (2) feet above the one hundred (100) year frequency flood elevation.

(c) A person who wishes to perform an activity referred to in subsection (a) is authorized to perform the activity if:

(1) the federal regulations described in subsection (b) as the governing criteria allow the activity;  and

(2) the person obtains a permit for the activity under this section.

(d) To obtain a permit for an activity referred to in subsection (a), a person must:

(1) file with the director a verified written application for a permit on a form provided by the department;  and

(2) pay to the department a nonrefundable minimum fee of ten dollars ($10).

(e) An application filed under this section must:

(1) set forth the material facts concerning the proposed activity;  and

(2) in the case of an activity described in subsection (a)(1), (a)(3), or (a)(4), include plans and specifications for the construction, reconstruction, or repair.

(f) If an application submitted under this section meets the requirements set forth in subsections (d) and (e), the director may not reject the application unless the regulations adopted as the governing criteria under subsection (b) do not allow the activity.

(g) If the federal regulations adopted as the governing criteria under subsection (b) authorize a type of activity only when certain conditions are met, a permit that the director issues for that type of activity may require the applicant, in carrying out the activity, to meet the same conditions.

(h) If:

(1) there is a dispute under this section about the elevation of a site;  and

(2) the elevation of the site has been determined by a professional surveyor;

the elevation determined by the professional surveyor must be used as the accepted elevation.

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Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-28-1-26.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-28-1-26-5/

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