Indiana Code
Chapter 1. Flood Control
14-28-1-26. Additions to Structures in Floodways

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

Indiana Code

Title 14. Natural and Cultural Resources

Article 28. Flood Control

Chapter 1. Flood Control

14-28-1-1. Legislative Intent

14-28-1-1.2. "Boundary River"

14-28-1-1.3. "Boundary River Floodway"

14-28-1-2. "Flood Control"

14-28-1-3. "Flood Easement"

14-28-1-4. "Water Resources"

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

14-28-1-9. Hearings

14-28-1-10. Title to Property

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

14-28-1-23. Removal of Structures or Obstructions; Conditions Under Which Director Is Prohibited From Exercising Authority

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

14-28-1-35. Injunctive Relief

14-28-1-36. Civil 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