Indiana § 14-28-1-19 - Applicability of laws regarding structures in floodways

§ 14-28-1-19. Applicability of laws regarding structures in floodways

Sec. 19. A person is not required to obtain a permit from the department under sections 20, 21, 22, 23, 24, and 25 of this chapter for the following activities:

(1) An abode or a residence constructed on land that meets the following conditions:

(A) Is between the 791.0 mile marker and the 791.5 mile marker on the Ohio River.

(B) Is adjacent to a recreational area.

(C) Has been or may be filled to or above an elevation of three hundred seventy-eight (378) feet above sea level.

(D) Is properly protected by riprap in a manner that minimizes the possibility of erosion by river currents.

(2) An abode or a residence if the following conditions are met:

(A) The abode or residence is rebuilt upon the area of the original foundation and is substantially the same configuration as the former abode or residence.

(B) The abode or residence was unintentionally destroyed by a means other than floodwater.

(C) The rebuilding of the abode or residence is begun within one (1) year and completed within two (2) years after the destruction of the former abode or residence.

(D) The abode or residence is located in the floodway of a stream having a watershed upstream from the abode or residence of less than fifteen (15) square miles in area.

(E) The lowest floor of the rebuilt abode or residence, including the basement, is at or above the one hundred (100) year frequency flood elevation if the abode or residence was totally destroyed.

(F) A variance is obtained from the county or municipality for the lowest floor of the abode or residence to be below the one hundred (100) year frequency flood elevation if the damage to the former abode or residence is less than one hundred percent (100%).

(G) An ordinance allowing the rebuilding of an abode or a residence is adopted by any of the following:

(i) The legislative body of the city or town in which the abode or residence is located.

(ii) The legislative body of the county in which the abode or residence is located if the abode or residence is not located in a city or town.

(3) A property that is to be rehabilitated and reused as an abode or residence if the following conditions are met:

(A) The property is located between the South Newton Bridge (Veterans Memorial Bridge) located at 85.30 miles from the mouth of the Patoka River and the bridge that is part of State Road 164 located at 85.90 miles from the mouth of the Patoka River.

(B) The property is a former industrial site.

(C) The property is adjacent to a navigable waterway.

(D) The property is located adjacent to a riverwalk.

(E) The property is a property in need of revitalization.

(F) The property is vacant or in danger of becoming vacant.

(G) The lowest floor that is used as an abode or residence is at least two (2) feet above the one hundred (100) year frequency flood elevation.

[Pre-1995 Recodification Citation: 13-2-22-13(a).]

As added by P.L.1-1995, SEC.21. Amended by P.L.108-2013, SEC.4; P.L.164-2024, SEC.14.