Indiana § 14-28-1-22.5 - Constructing an accessory structure, agricultural fence, agricultural structure, or a stream crossing in a floodway; filing a complaint

§ 14-28-1-22.5. Constructing an accessory structure, agricultural fence, agricultural structure, or a stream crossing in a floodway; filing a complaint

Sec. 22.5. (a) This section applies to construction of:

(1) an accessory structure;

(2) an agricultural fence;

(3) an agricultural structure; or

(4) a stream crossing;

in a floodway.

(b) Unless otherwise provided under federal law or a regulation of the Federal Emergency Management Agency, the finished floor of an accessory structure or an agricultural structure that is at least four hundred (400) square feet may be constructed at the one hundred (100) year flood elevation if the structure meets the conditions under subsection (c).

(c) A structure under subsection (b) must meet the following conditions:

(1) The structure must be constructed of flood resistant material and anchored to prevent flotation.

(2) Service facilities, including electrical and heating equipment, must be elevated:

(A) at the one hundred (100) year flood elevation; or

(B) above the one hundred (100) year flood elevation.

(3) The structure must be designed to allow floodwater to enter and exit the structure to automatically equalize hydrostatic flood forces on an exterior wall.

(4) A flood opening must be designed and installed to comply with criteria set by the Federal Emergency Management Agency.

(d) A person is not required to obtain a permit to construct an agricultural fence in a floodway. The commission may adopt rules regarding the dimensions of an agricultural fence and the materials that may be used to construct an agricultural fence.

(e) Subject to subsection (f), a person is not required to obtain a permit to construct a stream crossing in a floodway if the following requirements are met:

(1) The stream has a drainage area of not more than five (5) square miles.

(2) The floodway is not a Federal Emergency Management Agency published floodway.

(3) The stream crossing is:

(A) used for agricultural or residential purposes; and

(B) located in an area outside:

(i) the corporate boundaries of a consolidated city or incorporated city or town; and

(ii) the territorial authority for comprehensive planning established under IC 36-7-4-205(b).

(4) The stream crossing does not:

(A) adversely affect the efficiency of or unduly restrict the capacity of the floodway;

(B) constitute an unreasonable hazard to the safety of life or property; and

(C) result in unreasonably detrimental effects to fish, wildlife, or botanical resources.

(f) If an individual files a complaint with the department alleging that the person who constructed a stream crossing under this section did not comply with the requirements of subsection (e), the person who constructed the stream crossing shall provide the department with information to prove that the stream crossing does comply.

As added by P.L.164-2024, SEC.15.