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
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