Sec. 29. (a) All works of any nature for flood control in Indiana that are established and constructed shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout Indiana. A:
(1) person may not construct or install any works of any nature for flood control; and
(2) court may not enter the final order or judgment establishing or ordering works constructed;
unless the proposed works and the plans and specifications are approved by the commission.
(b) The interested parties must file a verified written application with the commission. The commission shall consider all the pertinent facts relating to the proposed works that will affect flood control in Indiana and shall determine whether the proposed works in the plans and specifications will:
(1) be in aid of and acceptable as part of; or
(2) adversely affect and interfere with;
flood control in Indiana.
(c) The commission shall enter an order approving or disapproving the application, plans, and specifications. If the commission disapproves the application, the order must set forth the objectionable features so that the proposed works and plans and specifications may be corrected or adjusted to obtain the approval of the commission.
[Pre-1995 Recodification Citation: 13-2-22-15.]
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