Sec. 26. (a) This section does not apply to the construction of an addition to a residence located in a boundary river floodway.
(b) Subject to:
(1) subsection (c); and
(2) the restrictions imposed by the unit (as defined in IC 36-1-2-23) in which the abode or residence is located;
a person may construct at least one (1) addition to an abode or a residence that is located in a floodway.
(c) A person may not construct an addition to an abode or a residence located in a floodway if the addition, in combination with all other additions to the abode or residence that have been constructed since the abode or residence was originally built, would increase the market value of the abode or residence to an amount more than fifty percent (50%) greater than:
(1) the market value of the abode or residence if no additions have been constructed since the abode or residence was originally built; or
(2) the approximate market value the abode or residence would have in the form in which the abode or residence was originally built if at least one (1) addition has already been constructed.
(d) For the purposes of subsection (c), the market value of an abode or a residence does not include the value of the land on which the abode or residence is built.
[Pre-1995 Recodification Citation: 13-2-22-13.4.]
As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.17.
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