Sec. 22.2. (a) This section applies to local floodplain administrators in a county having a population of more than one hundred seventy-four thousand (174,000) and less than one hundred eighty thousand (180,000).
(b) A local floodplain administrator may issue a variance approving a structure located within a floodway without a permit issued by the director of the department under section 22 of this chapter if:
(1) the structure is not used as an abode or residence;
(2) the structure is constructed after January 1, 2018, but not later than July 1, 2020; and
(3) the lowest floor of the structure is not more than fifteen-hundredths (0.15) of a foot below two (2) feet above the one hundred (100) year flood elevation.
(c) This section expires July 1, 2022.
As added by P.L.199-2021, SEC.7. Amended by P.L.104-2022, SEC.95.
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