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Chapter 1. Flood Control
14-28-1-1. Legislative Intent - Sec. 1. The following are declared: (1) The loss of...
14-28-1-1.2. "Boundary River" - Sec. 1.2. "Boundary river", for purposes of this chapter, means...
14-28-1-1.3. "Boundary River Floodway" - Sec. 1.3. "Boundary river floodway", for purposes of this chapter,...
14-28-1-2. "Flood Control" - Sec. 2. As used in this chapter, "flood control" means...
14-28-1-3. "Flood Easement" - Sec. 3. As used in this chapter, "flood easement" means...
14-28-1-4. "Water Resources" - Sec. 4. As used in this chapter, "water resources" means...
14-28-1-5. Adoption of Rules; Fees - Sec. 5. The commission shall adopt rules under IC 4-22-2...
14-28-1-6. Furnishing of Information - Sec. 6. Each county agent, city engineer, county engineer, county...
14-28-1-7. Use of State Agencies; Personnel; Purchases - Sec. 7. The commission may do the following: (1) Use...
14-28-1-8. Right of Entry Upon Premises - Sec. 8. The commission and the commission's agents, engineers, surveyors,...
14-28-1-9. Hearings - Sec. 9. The commission may conduct hearings at which at...
14-28-1-10. Title to Property - Sec. 10. The title to all land, easements, flood easements,...
14-28-1-11. Eminent Domain Powers - Sec. 11. (a) The commission may exercise the power of...
14-28-1-12. Jurisdiction; Comprehensive Studies and Plans - Sec. 12. The commission has jurisdiction over the public and...
14-28-1-13. Construction or Obtaining of Flood Control Works - Sec. 13. (a) The commission may construct flood control works...
14-28-1-14. Surveys, Investigations, Plans, and Recommendations Regarding Water Resources - Sec. 14. The commission shall do the following: (1) Make...
14-28-1-15. Recommendations and Information From Department - Sec. 15. (a) The commission shall, in the course of...
14-28-1-16. Promotion of Local Efforts; Cooperation With Individuals and Agencies - Sec. 16. The commission shall do the following: (1) Encourage...
14-28-1-17. Cooperation With Federal Government - Sec. 17. The commission may do the following: (1) Represent...
14-28-1-18. Easements and Rights-of-Way - Sec. 18. (a) This section applies to real property: (1)...
14-28-1-19. Applicability of Laws Regarding Structures in Floodways - Sec. 19. Sections 20, 21, 22, 23, 24, and 25...
14-28-1-19.5. Joint Application Floodway Construction Permit - Sec. 19.5. For purposes of this chapter, property owners may...
14-28-1-20. Erection of Structures in Floodways Prohibited - Sec. 20. A person may not do any of the...
14-28-1-21. Nuisance Abatement - Sec. 21. A structure, an obstruction, a deposit, or an...
14-28-1-22. Construction Permits; Fees - Sec. 22. (a) As used in subsection (b)(1) with respect...
14-28-1-22.1. Construction Permits; Requirements of Permit Holders - Sec. 22.1. (a) A permit issued under section 22(g)(1) of...
14-28-1-22.2. Variance for Structure Located in Floodway in Certain Counties; Expiration of Section - Sec. 22.2. (a) This section applies to local floodplain administrators...
14-28-1-22.3. Variance for Structures in Floodway - Sec. 22.3. (a) This section applies to local flood plain...
14-28-1-23. Removal of Structures or Obstructions; Conditions Under Which Director Is Prohibited From Exercising Authority - Sec. 23. (a) The director may remove or eliminate a...
14-28-1-24. Reconstruction Permits; Fees - Sec. 24. (a) This section does not apply to the...
14-28-1-24.5. Reconstruction of Earthen Berm or Levee; Requirements; Permits; Violation - Sec. 24.5. (a) As used in this section, "qualified entity...
14-28-1-25. Reconstruction Permit Exception; Violation - Sec. 25. (a) A person who desires to reconstruct an...
14-28-1-26. Additions to Structures in Floodways - Sec. 26. (a) This section does not apply to the...
14-28-1-26.5. Mobile Home or Residence in Boundary River Floodway; Permits; Fees - Sec. 26.5. (a) This section applies to the following activities:...
14-28-1-27. Contaminants in Lakes or Floodways Prohibited - Sec. 27. (a) Except as provided in subsection (b), this...
14-28-1-28. Commission Floodways - Sec. 28. (a) The commission may by order: (1) establish...
14-28-1-29. Coordination of Flood Control Works; Approval of Plans or Specifications - Sec. 29. (a) All works of any nature for flood...
14-28-1-30. Applicability of Ic 4-21.5 - Sec. 30. IC 4-21.5 applies to the commission. [Pre-1995 Recodification...
14-28-1-31. Reports to Governor - Sec. 31. The commission shall report to the governor periodically...
14-28-1-32. Violations; Class B Infractions - Sec. 32. (a) A person who knowingly violates section 20(2),...
14-28-1-33. Violations; Class B Infractions - Sec. 33. (a) A person who knowingly fails to: (1)...
14-28-1-34. Violations; Penalties - Sec. 34. A person who knowingly fails to comply with...
14-28-1-35. Injunctive Relief - Sec. 35. The commission may enjoin a violation of this...
14-28-1-36. Civil Penalties - Sec. 36. In addition to other penalties prescribed by this...
14-28-1-37. Process to Improve Efficiency in Wetland Regulatory Programs - Sec. 37. The department and the department of environmental management...
14-28-1-38. Duties of Departments in Establishing Process - Sec. 38. (a) As used in this section, "permit" means...
14-28-1-39. Licensure for Activities in a Floodway - Sec. 39. (a) Before July 1, 2023, the department shall...
14-28-1-40. Permit Applications; Utilization of Best Floodplain Mapping Data - Sec. 40. A local floodplain administrator shall utilize the best...
Chapter 2. Repealed - [Pre-1995 Recodification Citations: Repealed by P.L.2-1997, SEC.89.
Chapter 3. Flood Plain Management
14-28-3-1. Legislative Finding - Sec. 1. The general assembly finds the following: (1) That...
14-28-3-2. Adoption of Rules - Sec. 2. The commission shall develop and adopt appropriate rules...
14-28-3-3. Designation and Regulation of Flood Hazard Areas by Subdivisions - Sec. 3. (a) All counties and municipalities are encouraged and...
14-28-3-4. Assistance and Cooperation From Commission - Sec. 4. (a) The commission may provide technical data and...
14-28-3-5. Commission Approval Required for Certain Permits Within Flood Hazard Areas - Sec. 5. A county or municipality may not issue a...
14-28-3-6. Cooperation of Public Agencies and Personnel - Sec. 6. City, county, and state employees, agencies, boards, districts,...
Chapter 4. Flood Plain Commissions
14-28-4-1. "Commission" Defined - Sec. 1. As used in this chapter, "commission" refers to...
14-28-4-2. "Improvement Location Permit" Defined - Sec. 2. As used in this chapter, "improvement location permit"...
14-28-4-3. Establishment of Flood Plain Commissions - Sec. 3. A county or municipality may establish a flood...
14-28-4-4. Members - Sec. 4. The commission, to be known as the "___________...
14-28-4-5. Term of Members; Filling of Vacancies - Sec. 5. (a) Commission members serve terms of one (1)...
14-28-4-6. Officers - Sec. 6. (a) At the first regular meeting of each...
14-28-4-7. Regular Meetings - Sec. 7. The commission shall fix the time for holding...
14-28-4-8. Special Meetings - Sec. 8. (a) A special meeting of the commission may...
14-28-4-9. Quorum - Sec. 9. A majority of the members of the commission...
14-28-4-10. Disqualification of Interested Members - Sec. 10. A member of the commission or legislative body...
14-28-4-11. General Powers of Commissions - Sec. 11. The commission may do the following: (1) Exercise...
14-28-4-12. Annual Budgets - Sec. 12. The commission shall prepare and submit an annual...
14-28-4-13. Special Nonreverting Commission Funds - Sec. 13. (a) The commission, county, or municipality may accept...
14-28-4-14. Per Diem Compensation and Traveling Expenses - Sec. 14. (a) The county or municipality may compensate the...
14-28-4-15. Proposed Initial Flood Plain Zoning Ordinances - Sec. 15. (a) To assure the promotion of public health,...
14-28-4-16. Land Classified as Flood Plain Area; Effectiveness of Mappings or Identification - Sec. 16. (a) As used in this section, "flood protection...
14-28-4-17. Ordinance May Require Buildings or Land to Conform; Improvement Location Permit Fees - Sec. 17. (a) A flood plain zoning ordinance may require...
14-28-4-18. Zoning Administrators; Judicial Review of Administrator's Final Decision - Sec. 18. (a) A flood plain zoning ordinance must designate:...
14-28-4-19. Presentation of Proposed Ordinance to Legislative Body - Sec. 19. (a) The commission shall prepare and present the...
14-28-4-20. Final Report of Commission on Proposed Ordinance - Sec. 20. A county or municipality may not pass an...
14-28-4-21. Legislative Action on Proposed Ordinance; Hearing; Notice of Hearing - Sec. 21. (a) After the commission submits the final report,...
14-28-4-22. Legislative Body May Amend or Supplement Regulations or Boundaries in Ordinance - Sec. 22. The legislative body of the county or municipality...
14-28-4-23. Petition to Amend or Supplement Zoning Ordinance - Sec. 23. The: (1) commission; or (2) owners of at...
14-28-4-24. Referral of Proposed Amendment, Supplement, or Repeal to Commission - Sec. 24. The legislative body shall refer a proposed ordinance...
14-28-4-25. Legislative Action on Proposed Amendment, Supplement, or Repeal; Hearing - Sec. 25. (a) Before the commission submits to the legislative...
14-28-4-26. Building or Land Violating Ordinance Declared Public Nuisance; Investigations - Sec. 26. (a) The legislative body of the county or...
14-28-4-27. Injunctive Relief - Sec. 27. (a) The commission may institute the following: (1)...
14-28-4-28. Compensation or Damages Precluded for Taking of or Injury to Building or Land Violating Ordinance - Sec. 28. In: (1) a proceeding by a county or...
14-28-4-29. Purpose of Chapter - Sec. 29. (a) It is the purpose of this chapter...
14-28-4-30. Powers of State, Agencies, and Subdivisions Not Affected - Sec. 30. (a) This chapter is supplemental to and does...
14-28-4-31. Effect of Ordinances Adopted Under Ic 36-7 - Sec. 31. The adoption of a zoning ordinance under IC...
Chapter 5. Repealed - [Pre-1995 Recodification Citations: Repealed by P.L.189-2018, SEC.138.
Chapter 6. Flood Control; Approval of Plans
14-28-6-1. Requirements for Approval - Sec. 1. Notwithstanding any other law to the contrary, a...
14-28-6-2. Approval of Federal Government Plans - Sec. 2. If the federal government or an agency of...