Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program
Ind. Code § 14-28-3-7
in effectSec. 7. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-29.5-6.
(b) After June 30, 2023, a unit may not issue a permit:
(1) authorized by ordinance or resolution; and
(2) for construction of a structure or other construction activity in or near a floodplain;
unless the unit complies with this section.
(c) A person who applies to a local floodplain administrator for a permit authorizing a structure or construction activity in or near a floodplain may elect that:
(1) the best available data as provided by the department; or
(2) an engineering study provided by the applicant that is reviewed and approved according to the unit's ordinance for flood hazard areas;
will be used by the local floodplain administrator when reviewing the person's permit application.
(d) A local floodplain administrator shall not issue a permit authorizing a structure or construction activity in or near a floodplain if the permit's authorization will result in a unit violating its obligations to the National Flood Insurance Program.
As added by P.L.175-2023, SEC.2 and P.L.191-2023, SEC.14.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026