Sec. 20. A person may not do any of the following:
(1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter.
(2) Except as authorized under section 26.5 of this chapter, erect, make, use, or maintain in or on any floodway, or suffer or permit the erection, making, use, or maintenance in or on any floodway, a structure, an obstruction, a deposit, or an excavation that will do any of the following:
(A) Adversely affect the efficiency of or unduly restrict the capacity of the floodway.
(B) By virtue of the nature, design, method of construction, state of maintenance, or physical condition do any of the following:
(i) Constitute an unreasonable hazard to the safety of life or property.
(ii) Result in unreasonably detrimental effects upon the fish, wildlife, or botanical resources.
(3) Reconstruct or allow or permit the reconstruction of an abode or a residence located in a floodway, except as authorized under sections 24, 25, and 26.5 of this chapter.
[Pre-1995 Recodification Citation: 13-2-22-13(b).]
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.13.
Structure Indiana Code
Title 14. Natural and Cultural Resources
14-28-1-1.3. "Boundary River Floodway"
14-28-1-5. Adoption of Rules; Fees
14-28-1-6. Furnishing of Information
14-28-1-7. Use of State Agencies; Personnel; Purchases
14-28-1-8. Right of Entry Upon Premises
14-28-1-11. Eminent Domain Powers
14-28-1-12. Jurisdiction; Comprehensive Studies and Plans
14-28-1-13. Construction or Obtaining of Flood Control Works
14-28-1-14. Surveys, Investigations, Plans, and Recommendations Regarding Water Resources
14-28-1-15. Recommendations and Information From Department
14-28-1-16. Promotion of Local Efforts; Cooperation With Individuals and Agencies
14-28-1-17. Cooperation With Federal Government
14-28-1-18. Easements and Rights-of-Way
14-28-1-19. Applicability of Laws Regarding Structures in Floodways
14-28-1-19.5. Joint Application Floodway Construction Permit
14-28-1-20. Erection of Structures in Floodways Prohibited
14-28-1-21. Nuisance Abatement
14-28-1-22. Construction Permits; Fees
14-28-1-22.1. Construction Permits; Requirements of Permit Holders
14-28-1-22.2. Variance for Structure Located in Floodway in Certain Counties; Expiration of Section
14-28-1-22.3. Variance for Structures in Floodway
14-28-1-24. Reconstruction Permits; Fees
14-28-1-24.5. Reconstruction of Earthen Berm or Levee; Requirements; Permits; Violation
14-28-1-25. Reconstruction Permit Exception; Violation
14-28-1-26. Additions to Structures in Floodways
14-28-1-26.5. Mobile Home or Residence in Boundary River Floodway; Permits; Fees
14-28-1-27. Contaminants in Lakes or Floodways Prohibited
14-28-1-28. Commission Floodways
14-28-1-29. Coordination of Flood Control Works; Approval of Plans or Specifications
14-28-1-30. Applicability of Ic 4-21.5
14-28-1-31. Reports to Governor
14-28-1-32. Violations; Class B Infractions
14-28-1-33. Violations; Class B Infractions
14-28-1-34. Violations; Penalties
14-28-1-37. Process to Improve Efficiency in Wetland Regulatory Programs
14-28-1-38. Duties of Departments in Establishing Process
14-28-1-39. Licensure for Activities in a Floodway
14-28-1-40. Permit Applications; Utilization of Best Floodplain Mapping Data