Indiana § 14-28-1-23 - Removal of structures or obstructions; conditions under which director is prohibited from exercising authority
Full text of Indiana Indiana Code § 14-28-1-23 — Removal of structures or obstructions; conditions under which director is prohibited from exercising authority, with citation guidance and answers to common questions.
§ 14-28-1-23. Removal of structures or obstructions; conditions under which director is prohibited from exercising authority
Sec. 23. (a) The director may remove or eliminate a structure, an obstruction, a deposit, or an excavation in a floodway that:
(1) adversely affects the efficiency of or unduly restricts the capacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life or property; or
(3) is unreasonably detrimental to fish, wildlife, or botanical resources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisers and the court shall take into consideration whether the structure, obstruction, deposit, or excavation is legally in or on the floodway.
(c) Beginning January 1, 2022, the director shall not exercise the authority under subsection (a) to remove or eliminate an abode or residence from a floodway if:
(1) the abode or residence was constructed before January 1, 2022;
(2) the owner of the abode or residence has taken necessary measures to elevate the lowest floor of the abode or residence, as reconstructed, including the basement, to at least two (2) feet above the one hundred (100) year flood elevation within two (2) years after receiving notification from the department concerning the abode or residence; and
(3) the owner of the abode or residence has taken necessary measures to comply with all applicable local, state, and federal floodway regulations.
[Pre-1995 Recodification Citation: 13-2-22-13(g).]
As added by P.L.1-1995, SEC.21. Amended by P.L.90-2020, SEC.1; P.L.141-2022, SEC.45.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 14-28-1-23
What does Indiana Code § 14-28-1-23 cover?
Section 14-28-1-23 ("Removal of structures or obstructions; conditions under which director is prohibited from exercising authority") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 14-28-1-23?
A common citation format is "Indiana Code § 14-28-1-23" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 14-28-1-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.