Indiana Code
Chapter 1. Flood Control
14-28-1-28. Commission Floodways

Sec. 28. (a) The commission may by order:
(1) establish a floodway as a commission floodway; and
(2) alter, change, or revoke and terminate the commission floodway.
(b) In the order establishing the commission floodway, the commission shall fix the following:
(1) The floodway's length at any practical distance.
(2) The floodway's width or the landside limits so as to include parts of the flood plains adjoining the channel that, with the channel, are reasonably required to efficiently carry and discharge the flood waters or flood flow of the river or stream.
(c) Notwithstanding any other provision of law, an order establishing a commission floodway is not in force until notice has been given as follows:
(1) In writing to the county executive in the county affected.
(2) By publication at least two (2) times, seven (7) days apart, as follows:
(A) In two (2) daily newspapers in the city of Indianapolis as provided in IC 5-3-1-6.
(B) In newspapers in the counties where all or part of the commission floodway is established as provided in IC 5-3-1-6.
(d) All of the area within a commission floodway is the floodway for all purposes of this chapter.
[Pre-1995 Recodification Citation: 13-2-22-14.]
As added by P.L.1-1995, SEC.21.

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