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

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

Sec. 28. (a) The commission may by order:

(1) establish a floodway as a commission floodway;  and

(2) alter, change, or revoke and terminate the commission floodway.

(b) In the order establishing the commission floodway, the commission shall fix the following:

(1) The floodway's length at any practical distance.

(2) The floodway's width or the landside limits so as to include parts of the flood plains adjoining the channel that, with the channel, are reasonably required to efficiently carry and discharge the flood waters or flood flow of the river or stream.

(c) Notwithstanding any other provision of law, an order establishing a commission floodway is not in force until notice has been given as follows:

(1) In writing to the county executive in the county affected.

(2) By publication at least two (2) times, seven (7) days apart, as follows:

(A) In two (2) daily newspapers in the city of Indianapolis as provided in IC 5-3-1-6.

(B) In newspapers in the counties where all or part of the commission floodway is established as provided in IC 5-3-1-6.

(d) All of the area within a commission floodway is the floodway for all purposes of this chapter.

(e) A determination by the commissioner under this section is subject to an administrative adjudication under IC 4-21.5.

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

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