Indiana § 14-28-3-7 - Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program

§ 14-28-3-7. Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program

Sec. 7. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-29.5-6.

(b) After June 30, 2023, a unit may not issue a permit:

(1) authorized by ordinance or resolution; and

(2) for construction of a structure or other construction activity in or near a floodplain;

unless the unit complies with this section.

(c) A person who applies to a local floodplain administrator for a permit authorizing a structure or construction activity in or near a floodplain may elect that:

(1) the best available data as provided by the department; or

(2) an engineering study provided by the applicant that is reviewed and approved according to the unit's ordinance for flood hazard areas;

will be used by the local floodplain administrator when reviewing the person's permit application.

(d) A local floodplain administrator shall not issue a permit authorizing a structure or construction activity in or near a floodplain if the permit's authorization will result in a unit violating its obligations to the National Flood Insurance Program.

As added by P.L.175-2023, SEC.2 and P.L.191-2023, SEC.14.