Indiana § 14-28-3-7.4 - Request for department review of mapping data applying to a parcel; use of detailed hydrologic modeling in review

§ 14-28-3-7.4. Request for department review of mapping data applying to a parcel; use of detailed hydrologic modeling in review

Sec. 7.4. (a) As used in this section, "department mapping data" means the mapping data provided by the department and located on the Indiana Floodplain Information Portal.

(b) A person that has:

(1) an ownership interest;

(2) a leasehold interest; or

(3) a security interest;

in a parcel of real property may at any time request a review by the department of the department mapping data applying to the parcel of real property.

(c) A review requested under subsection (b) shall be provided by the department at no cost to the person requesting the review.

(d) In conducting a review requested under subsection (b), the department shall:

(1) use a detailed hydrologic modeling method to review the parcel of real property; and

(2) perform at least one (1) onsite investigation of the parcel of real property;

before making a determination based on the review under this section.

(e) If:

(1) the person requesting the review of the department mapping data applying to a parcel of real property has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and

(2) the department does not complete the review of the department mapping data and communicate the results of the review to the person who requested the review not more than one hundred twenty (120) days after the day on which the person requested the review;

the person that requested the review of the department mapping data and applied to the local floodplain administrator for a permit may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department mapping data or an engineering study provided by the person.

(f) Beginning July 1, 2024, before submitting department mapping data in preparation of a Federal Emergency Management Agency flood hazard map, the department shall notify a person that has:

(1) an ownership interest; or

(2) a security interest;

in a parcel of real property for which a determination was made that the parcel of real property is located in a flood hazard area that was not previously located in a Federal Emergency Management Agency flood hazard map.

(g) A person has ninety (90) days from receipt of notice given under subsection (f) to request a review by the department of the department mapping data applying to the parcel of real property.

(h) In conducting a review requested under subsection (g), the department shall:

(1) use a detailed hydrologic modeling method to review the parcel of real property; and

(2) perform at least one (1) onsite investigation of the parcel of real property;

before submitting the department mapping data for a Federal Emergency Management Agency flood hazard map.

As added by P.L.175-2023, SEC.4. Amended by P.L.164-2024, SEC.17.