Ind. Code ch. 14-28-1

Ind. Code ch. 14-28-1
in effect

Ind. Code § 14-28-1-1 Legislative intent

Sec. 1. The following are declared: (1) The loss of lives and property caused by floods and the damage resulting from floods is a matter of deep concern to Indiana affecting the life, health, and convenience of the people and the protection of property. To prevent and limit floods, all flood control works and structures and the alteration of natural or present watercourses of all rivers and streams in Indiana should be regulated, supervised, and coordinated in design, construction, and operation according to sound and accepted engineering practices so as to best control and minimize the extent of floods and reduce the height and violence of floods. (2) The channels and that part of the flood plains of rivers and streams that are the floodways should not be inhabited and should be kept free and clear of interference or obstructions that will cause any undue restriction of the capacity of the floodways. (3) The water resources of Indiana that have been diminishing should be accumulated, preserved, and protected to prevent any loss or waste beyond reasonable and necessary use. (4) A master plan or comprehensive plan for the entire state to control floods and to accumulate, preserve, and protect the water resources should be investigated, studied, and prepared, policy and practices should be established, and the necessary works should be constructed and placed in operation. [Pre-1995 Recodification Citation: 13-2-22-2.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-1.2 "Boundary river"

Sec. 1.2. "Boundary river", for purposes of this chapter, means the part of the Ohio River that forms the boundary between Kentucky and Indiana. As added by P.L.135-1997, SEC.11.

Ind. Code § 14-28-1-1.3 "Boundary river floodway"

Sec. 1.3. "Boundary river floodway", for purposes of this chapter, means the floodway (as defined by IC 14-8-2-102) of a boundary river. As added by P.L.135-1997, SEC.12.

Ind. Code § 14-28-1-2 "Flood control"

Sec. 2. As used in this chapter, "flood control" means the following: (1) The prevention of floods. (2) The control, regulation, diversion, or confinement of flood water or flood flow. (3) The protection from flood water, according to sound and accepted engineering practice and including all things incidental to or connected with the protection, to minimize the following: (A) The extent of floods. (B) The death, damage, and destruction caused by floods. [Pre-1995 Recodification Citation: 13-2-22-3(14).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-3 "Flood easement"

Sec. 3. As used in this chapter, "flood easement" means an easement on property to be inundated or covered by water. [Pre-1995 Recodification Citation: 13-2-22-3(15).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-3.5 "Logjam"

Sec. 3.5. As used in this chapter, "logjam" means an accumulation of lodged trees, root wads, or other debris that impedes the ordinary flow of water through a waterway. The term does not include the development of sandbars, sedimentation, or accumulations of stone or gravel. Logjams are evidenced by a blockage that does any of the following: (1) Traverses the waterway. (2) Causes upstream ponding. (3) Results in significant bank erosion. As added by P.L.105-2024, SEC.3.

Ind. Code § 14-28-1-3.7 "Mass of wood debris"

Sec. 3.7. As used in this chapter, "mass of wood debris" means an accumulation of lodged trees or other woody debris that does any of the following: (1) Causes or threatens to cause flooding on a road or private property. (2) Impedes navigation by a boat. (3) Reduces the capacity of a waterway to transport water. As added by P.L.105-2024, SEC.4.

Ind. Code § 14-28-1-4 "Water resources"

Sec. 4. As used in this chapter, "water resources" means surface and subsurface water. [Pre-1995 Recodification Citation: 13-2-22-3(16).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-5 Adoption of rules; fees

Sec. 5. The commission shall adopt rules under IC 4-22-2 for the following: (1) The transaction of commission business. (2) The administration and exercise of the commission's powers and duties. (3) Subject to IC 14-10-2-1, set the permit fees not less than the minimum fee established in sections 22, 24, and 26.5 of this chapter. [Pre-1995 Recodification Citation: 13-2-22-4.] As added by P.L.1-1995, SEC.21. Amended by P.L.195-2017, SEC.44.

Ind. Code § 14-28-1-6 Furnishing of information

Sec. 6. Each county agent, city engineer, county engineer, county surveyor, and state agency shall obtain, provide, and furnish pertinent data and information that is requested by an order of the commission or the office of administrative law proceedings, subject to the approval of the governor. [Pre-1995 Recodification Citation: 13-2-22-5.] As added by P.L.1-1995, SEC.21. Amended by P.L.92-2025, SEC.47.

Ind. Code § 14-28-1-7 Use of state agencies; personnel; purchases

Sec. 7. The commission may do the following: (1) Use any state agency in connection with: (A) the commission's investigation, studies, and preparation of plans; or (B) the performance of other duties. (2) Employ the technical experts, engineers, and clerical and other assistants that are necessary. (3) Through the state purchasing agent purchase the supplies, equipment, instruments, and machinery that the commission considers necessary to perform the commission's duties. [Pre-1995 Recodification Citation: 13-2-22-6.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-8 Right of entry upon premises

Sec. 8. The commission and the commission's agents, engineers, surveyors, and other employees may enter upon any land or water in Indiana for the purpose of making an investigation, an examination, or a survey provided by this chapter. [Pre-1995 Recodification Citation: 13-2-22-7.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-9 Hearings

Sec. 9. The commission may conduct hearings at which at least one (1) of the commission members shall preside. Each commissioner may administer oaths. The commission may obtain information for the commission's purposes from any person, including issuing subpoenas to require the attendance of witnesses and examining witnesses under oath. [Pre-1995 Recodification Citation: 13-2-22-8.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-10 Title to property

Sec. 10. The title to all land, easements, flood easements, or other interest in land or other property or rights acquired by the commission must be: (1) approved by the attorney general; and (2) taken in the name of the state of Indiana. [Pre-1995 Recodification Citation: 13-2-22-9.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-11 Eminent domain powers

Sec. 11. (a) The commission may exercise the power of eminent domain. If the commission is unable to agree with the owner for the purchase of: (1) land; (2) an easement; (3) a flood easement; (4) other interest in land; or (5) other property or right that in the commission's opinion is necessary for the commission's purposes; the commission may acquire the property or right by condemnation under IC 32-24. (b) The commission must adopt an appropriate resolution and deliver the resolution to the attorney general. (c) The attorney general shall commence and prosecute an action in the name of the state of Indiana on the relation of the commission for the appropriation of the property or right. The title to the property or right acquired vests in the state. [Pre-1995 Recodification Citation: 13-2-22-10.] As added by P.L.1-1995, SEC.21. Amended by P.L.2-2002, SEC.61.

Ind. Code § 14-28-1-12 Jurisdiction; comprehensive studies and plans

Sec. 12. The commission has jurisdiction over the public and private waters in Indiana and the adjacent land necessary for flood control purposes or for the prevention of flood damage. The commission shall do the following: (1) Make a comprehensive study and investigation of all pertinent conditions of the areas in Indiana affected by floods. (2) Determine the best method and manner of establishing flood control, giving consideration to the following: (A) The reservoir method. (B) The channel improvement method. (C) The levee method. (D) The flood plain regulation method. (E) Any other practical method. (3) Adopt and establish a comprehensive plan or master plan for flood control for all areas of Indiana subject to floods. (4) Determine the best and most practical method and manner of establishing and constructing the necessary flood control works. (5) Adopt appropriate measures for the prevention of flood damage. [Pre-1995 Recodification Citation: 13-2-22-11(a).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-13 Construction or obtaining of flood control works

Sec. 13. (a) The commission may construct flood control works or a part of flood control works. The commission may perform the duties in cooperation with any of the following: (1) A person. (2) A state agency. (3) Other states or an agency of another state. (4) The United States or any agency of the United States. (b) The commission shall obtain flood control works as follows: (1) From and through or by cooperation with the United States Army Corps of Engineers or an agency of the United States. (2) By cooperation with and action of cities and towns under Indiana law relating to flood control. (3) By cooperation with and action of landowners in rural areas affected by flood control works under Indiana law relating to levees. [Pre-1995 Recodification Citation: 13-2-22-11(b), (c).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-14 Surveys, investigations, plans, and recommendations regarding water resources

Sec. 14. The commission shall do the following: (1) Make surveys and investigations of the water resources of Indiana, giving consideration to the need for and appropriate sources of suitable water supplies for domestic, agricultural, municipal, industrial, power, transportation, recreation, stream pollution, health, and other beneficial purposes. (2) Make and formulate plans and recommendations for the further development, protection, and preservation of the water resources of Indiana for such purposes. [Pre-1995 Recodification Citation: 13-2-22-11(d).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-15 Recommendations and information from department

Sec. 15. (a) The commission shall, in the course of the commission's investigations and surveys of multiple purpose flood control reservoirs, obtain recommendations from the department relative to the comprehensive planning of: (1) recreational facilities; (2) hunting and fishing opportunities; and (3) forest improvements; in connection with the reservoirs. (b) The recommendations from the department must be accompanied by supporting data and information, as far as is feasible, including the following: (1) Plans and policies for the acquisition, development, maintenance, operation, and use of land. (2) Estimates of costs and benefits. (3) Proposed sources of money. (c) The information shall: (1) be made available to the public; and (2) be included as an integral part of the reports pertaining to multiple purpose flood control reservoirs that are prepared by the commission. [Pre-1995 Recodification Citation: 13-2-22-11(e).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-16 Promotion of local efforts; cooperation with individuals and agencies

Sec. 16. The commission shall do the following: (1) Encourage and promote local initiative and effort in providing flood control and in the development of water resources, subject to the regulation and control provided by law. (2) Cooperate with, advise, disseminate information to, and assist any person or state agency in matters relating to flood control and the development of water resources, including flood plain regulations or controls. [Pre-1995 Recodification Citation: 13-2-22-11(f).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-17 Cooperation with federal government

Sec. 17. The commission may do the following: (1) Represent and act for and in behalf of the state, subject to the approval of the governor, in all matters of flood control and the water resources of Indiana with the United States and any other state. (2) Cooperate with, obtain, approve, and accept flood control works from and through the United States Army Corps of Engineers. (3) Cooperate with and obtain, approve, and accept works or a grant of any character or description from and through an agency of the United States relating to flood control and water resources and administer the expenditures of money in connection with the grant. [Pre-1995 Recodification Citation: 13-2-22-12 part.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-18 Easements and rights-of-way

Sec. 18. (a) This section applies to real property: (1) for which the state has the custody, management, possession, or control; and (2) in which the state has a right, a title, or an interest. (b) The state may, with the written approval of the governor, give, grant, and convey to any person: (1) easements; (2) rights-of-way; and (3) the right and privilege; to construct, erect, maintain, operate, and use any works or structures in connection with flood control or water resources on and in the real property. [Pre-1995 Recodification Citation: 13-2-22-12 part.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-19 Applicability of laws regarding structures in floodways

Sec. 19. A person is not required to obtain a permit from the department under sections 20, 21, 22, 23, 24, and 25 of this chapter for the following activities: (1) An abode or a residence constructed on land that meets the following conditions: (A) Is between the 791.0 mile marker and the 791.5 mile marker on the Ohio River. (B) Is adjacent to a recreational area. (C) Has been or may be filled to or above an elevation of three hundred seventy-eight (378) feet above sea level. (D) Is properly protected by riprap in a manner that minimizes the possibility of erosion by river currents. (2) An abode or a residence if the following conditions are met: (A) The abode or residence is rebuilt upon the area of the original foundation and is substantially the same configuration as the former abode or residence. (B) The abode or residence was unintentionally destroyed by a means other than floodwater. (C) The rebuilding of the abode or residence is begun within one (1) year and completed within two (2) years after the destruction of the former abode or residence. (D) The abode or residence is located in the floodway of a stream having a watershed upstream from the abode or residence of less than fifteen (15) square miles in area. (E) The lowest floor of the rebuilt abode or residence, including the basement, is at or above the one hundred (100) year frequency flood elevation if the abode or residence was totally destroyed. (F) A variance is obtained from the county or municipality for the lowest floor of the abode or residence to be below the one hundred (100) year frequency flood elevation if the damage to the former abode or residence is less than one hundred percent (100%). (G) An ordinance allowing the rebuilding of an abode or a residence is adopted by any of the following: (i) The legislative body of the city or town in which the abode or residence is located. (ii) The legislative body of the county in which the abode or residence is located if the abode or residence is not located in a city or town. (3) A property that is to be rehabilitated and reused as an abode or residence if the following conditions are met: (A) The property is located between the South Newton Bridge (Veterans Memorial Bridge) located at 85.30 miles from the mouth of the Patoka River and the bridge that is part of State Road 164 located at 85.90 miles from the mouth of the Patoka River. (B) The property is a former industrial site. (C) The property is adjacent to a navigable waterway. (D) The property is located adjacent to a riverwalk. (E) The property is a property in need of revitalization. (F) The property is vacant or in danger of becoming vacant. (G) The lowest floor that is used as an abode or residence is at least two (2) feet above the one hundred (100) year frequency flood elevation. [Pre-1995 Recodification Citation: 13-2-22-13(a).] As added by P.L.1-1995, SEC.21. Amended by P.L.108-2013, SEC.4; P.L.164-2024, SEC.14.

Ind. Code § 14-28-1-20 Erection of structures in floodways prohibited

Sec. 20. A person may not do any of the following: (1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter. (2) Except as authorized under section 26.5 of this chapter, erect, make, use, or maintain in or on any floodway, or suffer or permit the erection, making, use, or maintenance in or on any floodway, a structure, an obstruction, a deposit, or an excavation that will do any of the following: (A) Adversely affect the efficiency of or unduly restrict the capacity of the floodway. (B) By virtue of the nature, design, method of construction, state of maintenance, or physical condition do any of the following: (i) Constitute an unreasonable hazard to the safety of life or property. (ii) Result in unreasonably detrimental effects upon the fish, wildlife, or botanical resources. (3) Reconstruct or allow or permit the reconstruction of an abode or a residence located in a floodway, except as authorized under sections 24, 25, and 26.5 of this chapter. [Pre-1995 Recodification Citation: 13-2-22-13(b).] As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.13.

Ind. Code § 14-28-1-21 Nuisance abatement

Sec. 21. A structure, an obstruction, a deposit, or an excavation described in section 20(2) of this chapter is a public nuisance. The director may commence, maintain, and prosecute an appropriate action to enjoin or abate a nuisance, including the following: (1) Any of the nuisances described in section 20(2) of this chapter. (2) Any other nuisance that: (A) adversely affects flood control or the safety of life or property; or (B) is unreasonably detrimental to fish, wildlife, or botanical resources. [Pre-1995 Recodification Citation: 13-2-22-13(c).] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-22 Construction permits; fees; exceptions

Sec. 22. (a) As used in subsection (b)(1) with respect to a stream, "total length" means the length of the stream, expressed in miles, from the confluence of the stream with the receiving stream to the upstream or headward extremity of the stream, as indicated by the solid or dashed, blue or purple line depicting the stream on the most current edition of the seven and one-half (7 1/2) minute topographic quadrangle map published by the United States Geological Survey, measured along the meanders of the stream as depicted on the map. (b) A person is not required to obtain a permit from the department for the following activities: (1) A reconstruction or maintenance project (as defined in IC 36-9-27) on a stream or an open regulated drain if the total length of the stream or open drain is not more than ten (10) miles. (2) A construction or reconstruction project on a state or county highway bridge in a rural area that crosses a stream having an upstream drainage area of not more than fifty (50) square miles and the relocation of utility lines associated with the construction or reconstruction project if confined to an area not more than one hundred (100) feet from the limits of the highway construction right-of-way. (3) The performance of an activity described in subsection (c)(1) or (c)(2) by a surface coal mining operation that is operated under a permit issued under IC 14-34. (4) Any other activity that is determined by the commission, according to rules adopted under IC 4-22-2, to pose not more than a minimal threat to floodway areas. (5) An activity in a boundary river floodway to which section 26.5 of this chapter applies. (6) The activities of a forestry operation that are: (A) conducted in compliance with the Indiana Logging and Forestry Best Management Practices Field Guide published by the department of natural resources; and (B) confined to a waterway that has a watershed not greater than ten (10) square miles. (7) The removal of a logjam or mass of wood debris that has accumulated in a river or stream, subject to the following conditions: (A) Work must not be within a salmonid stream designated under 327 IAC 2-1.5-5 without the prior written approval of the department's division of fish and wildlife. (B) Work must not be within a natural, scenic, or recreational river or stream designated under 312 IAC 7-2. (C) Except as otherwise provided in Indiana law, the following apply to logs that are crossways in the channel: (i) Free logs must be relocated and removed from the flood plain. A free log includes a log that is still attached to a root system that is no longer in the ground. (ii) Affixed logs must be cut, relocated, and removed from the flood plain. An affixed log includes a log that is still attached to a root system that is still in the ground. If the root system is still in the ground, the log must be cut so as to allow the root system to remain in the ground. However, cutting and removing the affixed log is not required if, in the opinion of the individual removing the log, the cutting and removing would create an unreasonable risk of bodily harm to the individual. Logs may be maintained in the flood plain if properly anchored or otherwise secured so as to resist flotation or dislodging by the flow of water and placement in an area that is not a wetland. Logs must be removed and secured with a minimum of damage to vegetation. (D) Isolated or single logs that are embedded, lodged, or rooted in the channel, and that do not span the channel or cause flow problems, must not be removed unless the logs are either of the following: (i) Associated with or in close proximity to larger obstructions. (ii) Posing a hazard to agriculture, business, navigation, or property. (E) A leaning or severely damaged tree that is in immediate danger of falling into the waterway may be cut and removed. The root system and stump of the tree must be left in place. (F) To the extent practicable, the construction of access roads must be minimized, and should not result in the elevation of the flood plain. (G) To the extent practicable, work should be performed exclusively from one (1) side of a waterway. Crossing the bed of a waterway is prohibited. (H) To prevent the flow of sediment laden water back into the waterway, appropriate sediment control measures must be installed. (I) Within fifteen (15) days, all bare and disturbed areas must be revegetated with a mixture of grasses and legumes. Tall fescue must not be used under this subdivision, except that low endophyte tall fescue may be used in the bottom of the waterway and on side slopes. (J) A logjam or mass of wood debris that is removed from a river or stream may be burned so completely as to eliminate the risk that the resulting ash and remnants will not cause another logjam, unless a local ordinance specifies otherwise. (K) A person removing a logjam or a mass of wood debris from a river or stream under this subdivision without obtaining a permit: (i) may use the means that the person believes to present the lowest risk of physical injury to individuals performing the removal work; and (ii) may, subject to clause (G), use mechanical equipment appropriate to the task of removing the logjam or mass of wood debris. (L) A person removing a logjam or a mass of wood debris from a river or stream under this subdivision must comply with the following: (i) Section 404 of the federal Clean Water Act (33 U.S.C. 1344). (ii) IC 13-18-22 (state regulated wetlands). (c) Except for an activity under subsection (b), a person who desires to: (1) erect, make, use, or maintain a structure, an obstruction, a deposit, or an excavation; or (2) suffer or permit a structure, an obstruction, a deposit, or an excavation to be erected, made, used, or maintained; in or on a floodway must file with the director a verified written application for a permit. The permit application must be accompanied by a nonrefundable minimum fee of two hundred dollars ($200). (d) A permit application filed under this section: (1) must set forth the material facts concerning the structure, obstruction, deposit, or excavation; and (2) must be accompanied by plans and specifications for the structure, obstruction, deposit, or excavation. (e) This subsection does not apply to the state or a county, city, or town. A person who files a permit application under this section must provide: (1) documentation of the person's ownership of the site where the proposed work will be performed; or (2) an affidavit from the owner of the site where the proposed work will be performed expressly authorizing the performance of the proposed work on that site. (f) A person who applies for a permit under this section may file an amendment to the person's permit application. The director may approve a permit application amendment filed under this subsection only if the permit, as amended by the amendment, would meet the requirements of this section. (g) Two (2) or more persons may jointly apply for a permit under this section. (h) A person described in subsection (c) must receive a permit from the director for the work before beginning construction. The director shall issue a permit only if, in the opinion of the director, the applicant has clearly proven that the structure, obstruction, deposit, or excavation will not do any of the following: (1) Adversely affect the efficiency of or unduly restrict the capacity of the floodway. (2) Constitute an unreasonable hazard to the safety of life or property. (3) Result in unreasonably detrimental effects upon fish, wildlife, or botanical resources. (i) In deciding whether to issue a permit under this section, the director shall consider the cumulative effects of the structure, obstruction, deposit, or excavation. The director may incorporate in and make a part of an order of authorization conditions and restrictions that the director considers necessary for the purposes of this chapter. (j) The following apply to a permit issued under this section: (1) Except as provided in subdivisions (2) and (3), a permit is valid for two (2) years after the date of issuance of the permit. (2) A permit issued to: (A) the Indiana department of transportation or a county highway department in connection with a construction project, if there is any federal funding for the project; or (B) an electric utility for the construction of a power generating facility; is valid for five (5) years from the date of issuance of the permit. (3) A permit issued to a quarrying or aggregate company for the excavation of industrial materials, including: (A) clay and shale; (B) crushed limestone and dolostone; (C) dimension limestone; (D) dimension sandstone; (E) gypsum; (F) peat; (G) construction sand and gravel; and (H) industrial sand; is valid for the duration of the permitted project, subject to periodic compliance evaluations. However, a permit issued under this section expires if construction is not commenced within two (2) years after the permit is issued. (k) The holder of a permit issued under subsection (j)(3) shall notify the commission of the completion of the permitted project within six (6) months after completing the permitted project. (l) The following apply to the renewal of a permit issued under this section: (1) A permit to which subsection (j)(1) applies may be renewed one (1) time for a period not to exceed two (2) additional years. (2) A permit to which subsection (j)(2) applies may be renewed one (1) time for a period not to exceed five (5) additional years. (m) The director shall send a copy of each permit issued under this section to each river basin commission organized under: (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6 (before its repeal); that is affected. (n) The permit holder shall post and maintain a permit issued under this section at the authorized site. (o) For the purposes of this chapter, the lowest floor of a building, including a residence or abode, that is to be constructed or reconstructed in the one hundred (100) year flood plain of an area protected by a levee that is: (1) inspected; and (2) found to be in good or excellent condition; by the United States Army Corps of Engineers shall not be lower than the one hundred (100) year frequency flood elevation plus one (1) foot. [Pre-1995 Recodification Citation: 13-2-22-13(d), (e), (f), (h).] As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.4; P.L.2-1997, SEC.53; P.L.135-1997, SEC.14; P.L.2-1998, SEC.59; P.L.154-2002, SEC.1; P.L.186-2003, SEC.75; P.L.76-2010, SEC.1; P.L.219-2014, SEC.33; P.L.155-2015, SEC.19; P.L.195-2017, SEC.45; P.L.282-2019, SEC.9; P.L.156-2020, SEC.61; P.L.21-2021, SEC.1; P.L.141-2022, SEC.44; P.L.191-2023, SEC.8; P.L.247-2023, SEC.6; P.L.9-2024, SEC.358; P.L.105-2024, SEC.5; P.L.1-2025, SEC.181.

Ind. Code § 14-28-1-22.1 Construction permits; requirements of permit holders

Sec. 22.1. (a) A permit issued under section 22(j)(3) of this chapter on or before July 1, 2014, for a quarrying or aggregate company that is active for the excavation of industrial materials, including: (1) clay and shale; (2) crushed limestone and dolostone; (3) dimension limestone; (4) dimension sandstone; (5) gypsum; (6) peat; (7) construction sand and gravel; and (8) industrial sand; is valid for the duration of the permitted project subject to the permit conditions and periodic compliance evaluations. (b) The holder of a permit described in subsection (a) is required to notify the department that the permitted project is complete not later than six (6) months after completing the permitted project. As added by P.L.21-2021, SEC.2. Amended by P.L.191-2023, SEC.9.

Ind. Code § 14-28-1-22.2 Expired

As added by P.L.199-2021, SEC.7. Amended by P.L.104-2022, SEC.95. Expired 7-1-2022 by P.L.199-2021, SEC.7.

Ind. Code § 14-28-1-22.3 Expired

As added by P.L.133-2022, SEC.1 and P.L.144-2022, SEC.4. Expired 7-1-2023 by P.L.133-2022, SEC.1 and P.L.144-2022, SEC.4.

Ind. Code § 14-28-1-22.5 Constructing an accessory structure, agricultural fence, agricultural structure, or a stream crossing in a floodway; filing a complaint

Sec. 22.5. (a) This section applies to construction of: (1) an accessory structure; (2) an agricultural fence; (3) an agricultural structure; or (4) a stream crossing; in a floodway. (b) Unless otherwise provided under federal law or a regulation of the Federal Emergency Management Agency, the finished floor of an accessory structure or an agricultural structure that is at least four hundred (400) square feet may be constructed at the one hundred (100) year flood elevation if the structure meets the conditions under subsection (c). (c) A structure under subsection (b) must meet the following conditions: (1) The structure must be constructed of flood resistant material and anchored to prevent flotation. (2) Service facilities, including electrical and heating equipment, must be elevated: (A) at the one hundred (100) year flood elevation; or (B) above the one hundred (100) year flood elevation. (3) The structure must be designed to allow floodwater to enter and exit the structure to automatically equalize hydrostatic flood forces on an exterior wall. (4) A flood opening must be designed and installed to comply with criteria set by the Federal Emergency Management Agency. (d) A person is not required to obtain a permit to construct an agricultural fence in a floodway. The commission may adopt rules regarding the dimensions of an agricultural fence and the materials that may be used to construct an agricultural fence. (e) Subject to subsection (f), a person is not required to obtain a permit to construct a stream crossing in a floodway if the following requirements are met: (1) The stream has a drainage area of not more than five (5) square miles. (2) The floodway is not a Federal Emergency Management Agency published floodway. (3) The stream crossing is: (A) used for agricultural or residential purposes; and (B) located in an area outside: (i) the corporate boundaries of a consolidated city or incorporated city or town; and (ii) the territorial authority for comprehensive planning established under IC 36-7-4-205(b). (4) The stream crossing does not: (A) adversely affect the efficiency of or unduly restrict the capacity of the floodway; (B) constitute an unreasonable hazard to the safety of life or property; and (C) result in unreasonably detrimental effects to fish, wildlife, or botanical resources. (f) If an individual files a complaint with the department alleging that the person who constructed a stream crossing under this section did not comply with the requirements of subsection (e), the person who constructed the stream crossing shall provide the department with information to prove that the stream crossing does comply. As added by P.L.164-2024, SEC.15.

Ind. Code § 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 structure, an obstruction, a deposit, or an excavation in a floodway that: (1) adversely affects the efficiency of or unduly restricts the capacity of the floodway; (2) constitutes an unreasonable hazard to the safety of life or property; or (3) is unreasonably detrimental to fish, wildlife, or botanical resources; by an action in condemnation. (b) In assessing the damages in the proceedings, the appraisers and the court shall take into consideration whether the structure, obstruction, deposit, or excavation is legally in or on the floodway. (c) Beginning January 1, 2022, the director shall not exercise the authority under subsection (a) to remove or eliminate an abode or residence from a floodway if: (1) the abode or residence was constructed before January 1, 2022; (2) the owner of the abode or residence has taken necessary measures to elevate the lowest floor of the abode or residence, as reconstructed, including the basement, to at least two (2) feet above the one hundred (100) year flood elevation within two (2) years after receiving notification from the department concerning the abode or residence; and (3) the owner of the abode or residence has taken necessary measures to comply with all applicable local, state, and federal floodway regulations. [Pre-1995 Recodification Citation: 13-2-22-13(g).] As added by P.L.1-1995, SEC.21. Amended by P.L.90-2020, SEC.1; P.L.141-2022, SEC.45.

Ind. Code § 14-28-1-24 Reconstruction permits; fees

Sec. 24. (a) This section does not apply to the reconstruction of a residence located in a boundary river floodway. (b) A person may not begin the reconstruction of an abode or a residence that is located in a floodway and is substantially damaged (as defined in 44 CFR 59.1, as in effect on January 1, 1993) unless the person has: (1) obtained a permit under this section or section 26.5 of this chapter; or (2) demonstrated to the department through the submission of material facts, plans, and specifications that the material used to elevate the reconstructed abode or residence: (A) does not extend beyond the original foundation of the abode or residence; and (B) meets the criteria set forth in subsection (d)(2) through (d)(7). (c) A person who desires to reconstruct an abode or a residence that does not meet the requirements under subsection (b)(2) must file with the director a verified written application for a permit accompanied by a nonrefundable minimum fee of fifty dollars ($50). An application submitted under this section must do the following: (1) Set forth the material facts concerning the proposed reconstruction. (2) Include the plans and specifications for the reconstruction. (d) The director may issue a permit to an applicant under this section only if the applicant has clearly proven all of the following: (1) The abode or residence will be reconstructed: (A) in the area of the original foundation and in substantially the same configuration as the former abode or residence; or (B) in a location that is, as determined by the director, safer than the location of the original foundation. (2) The lowest floor elevation of the abode or residence as reconstructed, including the basement, will be at least two (2) feet above the one hundred (100) year flood elevation. (3) The abode or residence will be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (4) The abode or residence will be reconstructed with materials resistant to flood damage. (5) The abode or residence will be reconstructed by methods and practices that minimize flood damages. (6) The abode or residence will be reconstructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located to prevent water from entering or accumulating within the components during conditions of flooding. (7) The abode or residence, as reconstructed, will comply with the minimum requirements for floodplain management set forth in 44 CFR Part 60, as in effect on January 1, 1993. (e) When granting a permit under this section, the director may establish and incorporate into the permit certain conditions and restrictions that the director considers necessary for the purposes of this chapter. (f) A permit issued by the director under this section is void if the reconstruction authorized by the permit is not commenced within two (2) years after the permit is issued. (g) The director shall send a copy of each permit issued under this section to each river basin commission organized under: (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6 (before its repeal); that is affected by the permit. (h) The person to whom a permit is issued under this section shall post and maintain the permit at the site of the reconstruction authorized by the permit. (i) A person who knowingly: (1) begins the reconstruction of an abode or a residence in violation of subsection (b); (2) violates a condition or restriction of a permit issued under this section; or (3) fails to post and maintain a permit at a reconstruction site in violation of subsection (h); commits a Class B infraction. Each day that the person is in violation of subsection (b), the permit, or subsection (h) constitutes a separate infraction. [Pre-1995 Recodification Citation: 13-2-22-13.2.] As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.15; P.L.71-2004, SEC.17; P.L.53-2008, SEC.1; P.L.195-2017, SEC.46; P.L.282-2019, SEC.10.

Ind. Code § 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 or authority" means any of the following: (1) IC 14-33-1 (conservancy districts). (2) IC 14-33-19 (levee districts and associations). (3) IC 14-27-4 (levee associations). (4) IC 14-27-6 (levee authority in Vanderburgh County). (5) IC 14-28-1-29 (flood control projects). (6) IC 14-30 (river basin commissions). (7) A court. (8) Any prior law that allowed for the construction or maintenance of a levee or earthen berm. (b) A person may not begin the reconstruction of an earthen berm or levee that is located in a floodway unless: (1) the person obtains a permit under this section; or (2) all of the following requirements are satisfied: (A) The earthen berm or levee is located in a rural area. (B) The earthen berm or levee was constructed: (i) before January 1, 1973, with or without a permit issued under section 22 of this chapter; or (ii) after December 31, 1972, with a permit issued under section 22 of this chapter. (C) The person submits plans and specifications for the reconstruction of the earthen berm or levee that demonstrate to the satisfaction of the department that the reconstruction of the earthen berm or levee will meet the requirements set forth in subsection (c). (c) An earthen berm or levee described in subsection (b)(2) must be reconstructed: (1) to not more than its existing or predamaged height, or to its design height if the earthen berm or levee was previously permitted under section 22 of this chapter; (2) to not more than its existing or predamaged top width and side slopes, or to its design top width and side slopes if the earthen berm or levee was previously permitted under section 22 of this chapter; (3) along the same alignment and footprint of the existing or predamaged earthen berm or levee, or along the design alignment and footprint if the earthen berm or levee was previously permitted under section 22 of this chapter; and (4) with materials similar to the materials used to construct the existing or predamaged earthen berm or levee, or with the design materials and specifications used to construct the earthen berm or levee if the earthen berm or levee was previously permitted under section 22 of this chapter. Within six (6) months after the reconstruction of the earthen berm or levee is completed under subsection (b)(2) and this subsection, the person who reconstructed the earthen berm or levee must provide to the department documentation from a land surveyor or professional engineer licensed in Indiana that the earthen berm or levee has been reconstructed in accordance with the plans submitted to the department under this subsection and subsection (b)(2). (d) If the reconstruction of an earthen berm or levee will not meet the requirements set forth in subsection (c), the earthen berm or levee may not be reconstructed under this section unless the person who desires to reconstruct the earthen berm or levee obtains a permit under this section. To obtain a permit, the person must file with the director a verified written application for a permit accompanied by a nonrefundable minimum fee of two hundred dollars ($200). An application submitted under this subsection must: (1) set forth the material facts concerning the proposed reconstruction; and (2) include the plans and specifications for the reconstruction. (e) The director may not issue a permit in response to an application filed under subsection (d) unless, in the opinion of the director, the applicant has clearly proven that the reconstruction of the earthen berm or levee will not do any of the following: (1) Adversely affect the efficiency or unduly restrict the capacity of the floodway. (2) Constitute an unreasonable hazard to the safety of life or property. (3) Result in unreasonably detrimental effects upon fish, wildlife, or botanical resources. (f) In deciding whether to issue a permit under this section, the director shall consider the cumulative effects of the proposed reconstruction of an earthen berm or levee. (g) The director may incorporate in and make a part of a permit or an order of authorization under this section the conditions and restrictions that the director considers necessary for the purposes of this chapter. (h) Subject to subsection (i), if an earthen berm or levee was originally constructed under a qualified entity or authority, the department shall not require or recommend, as a condition of the issuance of a permit for the reconstruction of the earthen berm or levee, mitigation resulting from the removal of any trees or woody vegetation: (1) from the top or side slopes of the earthen berm or levee, or within ten (10) feet of the toe of the existing earthen berm or levee, if the earthen berm or levee was constructed before January 1, 1973; or (2) from the top, side slopes, or toe of the design footprint of the earthen berm or levee, if the earthen berm or levee was previously permitted under section 22 of this chapter. (i) If conditions at the site of an earthen berm or levee described in subsection (h) have deteriorated to the point that the existing earthen berm or levee should be abandoned and reconstructed in another location within the floodway, the footprint of the abandoned earthen berm or levee, including areas within ten (10) feet of the toe, shall be credited to any mitigation required for the construction of the new earthen berm or levee alignment within the floodway. (j) A permit issued under this section: (1) is valid for two (2) years after the date of issuance of the permit; and (2) may be renewed for one (1) additional two (2) year period before the expiration of the period referred to in subdivision (1). (k) The person to whom a permit is issued under this section shall post and maintain the permit at the site of the reconstruction authorized by the permit. (l) A person who knowingly: (1) begins the reconstruction of an earthen berm or levee in violation of subsection (b), (c), or (d); (2) violates a condition or restriction of a permit issued under this section; or (3) fails to post and maintain a permit at a reconstruction site in violation of subsection (k); commits a Class B infraction. Each day that the person is in violation of subsection (b), (c), (d), or (k) constitutes a separate infraction. As added by P.L.251-2019, SEC.2.

Ind. Code § 14-28-1-25 Reconstruction permit exception; violation

Sec. 25. (a) A person who desires to reconstruct an abode or a residence that: (1) is located in a floodway; and (2) is not substantially damaged (as defined in 44 CFR 59.1, as in effect on January 1, 1997); is not required to obtain a permit from the department for the reconstruction of the abode or residence if the reconstruction will meet the requirements set forth in 44 CFR Part 60, as in effect on January 1, 1997. (b) A person who knowingly reconstructs an abode or a residence described in subsection (a) in a way that does not comply with the requirements referred to in subsection (a) commits a Class B infraction. [Pre-1995 Recodification Citation: 13-2-22-13.3.] As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.16; P.L.71-2004, SEC.18; P.L.53-2008, SEC.2.

Ind. Code § 14-28-1-26 Additions to structures in floodways

Sec. 26. (a) This section does not apply to the construction of an addition to a residence located in a boundary river floodway. (b) Subject to: (1) subsection (c); and (2) the restrictions imposed by the unit (as defined in IC 36-1-2-23) in which the abode or residence is located; a person may construct at least one (1) addition to an abode or a residence that is located in a floodway. (c) A person may not construct an addition to an abode or a residence located in a floodway if the addition, in combination with all other additions to the abode or residence that have been constructed since the abode or residence was originally built, would increase the market value of the abode or residence to an amount more than fifty percent (50%) greater than: (1) the market value of the abode or residence if no additions have been constructed since the abode or residence was originally built; or (2) the approximate market value the abode or residence would have in the form in which the abode or residence was originally built if at least one (1) addition has already been constructed. (d) For the purposes of subsection (c), the market value of an abode or a residence does not include the value of the land on which the abode or residence is built. [Pre-1995 Recodification Citation: 13-2-22-13.4.] As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.17.

Ind. Code § 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: (1) The placement or replacement of a mobile home within a boundary river floodway. (2) The repair of a residence that: (A) is located in a boundary river floodway; and (B) has been damaged by floodwaters or another means; except for the reconstruction of a residence to which section 25 of this chapter applies. (3) The construction of an: (A) addition to; or (B) improvement of; a residential structure within a boundary river floodway. (4) The construction of a new residence within a boundary river floodway. (b) The federal regulations that: (1) were adopted by the director of the Federal Emergency Management Agency to implement the National Flood Insurance Act (42 U.S.C. 4001 et seq.); (2) are published in 44 CFR Parts 59 through 60; and (3) are in effect on January 1, 1997; are adopted as the criteria for determining whether an activity referred to in subsection (a) is allowed in Indiana. However, the lowest floor of a new residence constructed within a boundary river floodway referred to in subsection (a)(4) must be at least two (2) feet above the one hundred (100) year frequency flood elevation. (c) A person who wishes to perform an activity referred to in subsection (a) is authorized to perform the activity if: (1) the federal regulations described in subsection (b) as the governing criteria allow the activity; and (2) the person obtains a permit for the activity under this section. (d) To obtain a permit for an activity referred to in subsection (a), a person must: (1) file with the director a verified written application for a permit on a form provided by the department; and (2) pay to the department a nonrefundable minimum fee of ten dollars ($10). (e) An application filed under this section must: (1) set forth the material facts concerning the proposed activity; and (2) in the case of an activity described in subsection (a)(1), (a)(3), or (a)(4), include plans and specifications for the construction, reconstruction, or repair. (f) If an application submitted under this section meets the requirements set forth in subsections (d) and (e), the director may not reject the application unless the regulations adopted as the governing criteria under subsection (b) do not allow the activity. (g) If the federal regulations adopted as the governing criteria under subsection (b) authorize a type of activity only when certain conditions are met, a permit that the director issues for that type of activity may require the applicant, in carrying out the activity, to meet the same conditions. (h) If: (1) there is a dispute under this section about the elevation of a site; and (2) the elevation of the site has been determined by a professional surveyor; the elevation determined by the professional surveyor must be used as the accepted elevation. As added by P.L.135-1997, SEC.18. Amended by P.L.121-2003, SEC.1; P.L.57-2013, SEC.18; P.L.195-2017, SEC.47.

Ind. Code § 14-28-1-27 Contaminants in lakes or floodways prohibited

Sec. 27. (a) Except as provided in subsection (b), this section does not apply to the following: (1) A person using chemicals in a normal manner in the production of agricultural products. (2) A person acting in accordance with an appropriate permit issued by the director. (3) A person acting in accordance with a permit issued by the department of environmental management under water pollution control laws (as defined in IC 13-11-2-261) or environmental management laws (as defined in IC 13-11-2-71). (b) This section applies to the permitting requirements set forth in the following: (1) Section 22 of this chapter. (2) IC 14-26-2. (c) A person may not put, throw, dump, or leave a contaminant, garbage, or solid waste: (1) in, upon, or within fifteen (15) feet of a lake; or (2) in or upon a floodway. [Pre-1995 Recodification Citation: 13-2-22-13.5.] As added by P.L.1-1995, SEC.21. Amended by P.L.1-1996, SEC.66.

Ind. Code § 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. (e) A determination by the commissioner under this section is subject to an administrative adjudication under IC 4-21.5. [Pre-1995 Recodification Citation: 13-2-22-14.] As added by P.L.1-1995, SEC.21. Amended by P.L.92-2025, SEC.48.

Ind. Code § 14-28-1-29 Coordination of flood control works; approval of plans or specifications

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.

Ind. Code § 14-28-1-30 Applicability of IC 4-21.5

Sec. 30. IC 4-21.5 applies to a determination of the commission. [Pre-1995 Recodification Citation: 13-2-22-16.] As added by P.L.1-1995, SEC.21. Amended by P.L.92-2025, SEC.49.

Ind. Code § 14-28-1-31 Reports to governor

Sec. 31. The commission shall report to the governor periodically the results of the commission's study, investigation, and experience so that any necessary additional powers and duties may be obtained to effect and obtain complete flood control and the protection and preservation of water resources. [Pre-1995 Recodification Citation: 13-2-22-17.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-1-32 Violations; Class B infractions

Sec. 32. (a) A person who knowingly violates section 20(2), 20(3), or 29 of this chapter commits a Class B infraction. (b) Each day of continuing violation after conviction of the offense constitutes a separate offense. [Pre-1995 Recodification Citations: 13-2-22-13(i); 13-2-22-20(a).] As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.19.

Ind. Code § 14-28-1-33 Violations; Class B infractions

Sec. 33. (a) A person who knowingly fails to: (1) comply with the requirements of section 20(1) of this chapter; or (2) obtain a permit under section 22 of this chapter; commits a Class B infraction. (b) Each day a person violates section 20(1) or 22 of this chapter constitutes a separate infraction. [Pre-1995 Recodification Citation: 13-2-22-13(j).] As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.20.

Ind. Code § 14-28-1-34 Violations; penalties

Sec. 34. A person who knowingly fails to comply with section 22(n) of this chapter commits a Class B infraction. Each day a person violates section 22(n) of this chapter constitutes a separate infraction. [Pre-1995 Recodification Citation: 13-2-22-20(b).] As added by P.L.1-1995, SEC.21. Amended by P.L.180-1995, SEC.5; P.L.71-2004, SEC.21; P.L.219-2014, SEC.34; P.L.21-2021, SEC.3; P.L.191-2023, SEC.10.

Ind. Code § 14-28-1-35 Injunctive relief

Sec. 35. The commission may enjoin a violation of this chapter under IC 14-25.5-2. [Pre-1995 Recodification Citation: 13-2-22-21.] As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.22.

Ind. Code § 14-28-1-36 Civil penalties

Sec. 36. In addition to other penalties prescribed by this chapter, the director may impose a civil penalty under IC 14-25.5-4. As added by P.L.1-1995, SEC.21. Amended by P.L.71-2004, SEC.23.

Ind. Code § 14-28-1-37 Process to improve efficiency in wetland regulatory programs

Sec. 37. The department and the department of environmental management shall, not later than January 1, 2015, develop and implement a process to improve efficiency and transparency in programs for: (1) water quality certifications from the department of environmental management under IC 13-13-5-1(1) and Section 401 of the federal Clean Water Act (33 U.S.C. 1341); (2) permits from the department of environmental management for wetland activity in a state regulated wetland under IC 13-18-22; and (3) permits from the director for a structure, obstruction, deposit, or excavation in a floodway under IC 14-28-1. As added by P.L.214-2014, SEC.2.

Ind. Code § 14-28-1-38 Duties of departments in establishing process

Sec. 38. (a) As used in this section, "permit" means any of the following: (1) A water quality certification from the department of environmental management under IC 13-13-5-1(1) and Section 401 of the federal Clean Water Act (33 U.S.C. 1341). (2) A permit from the department of environmental management for wetland activity in a state regulated wetland under IC 13-18-22. (3) A permit from the director for a structure, obstruction, deposit, or excavation in a floodway under IC 14-28-1. (b) In establishing the process required under section 37 of this chapter, the department and the department of environmental management shall do the following: (1) Determine: (A) how to inform a person who proposes to perform work for which a permit is required of the need to seek a permit for the work; and (B) how to ensure that a person proposing to perform work for which a permit is required is informed of every state permit the person needs in order to do the work. (2) Change the: (A) application forms; (B) application processes; or (C) application forms and application processes; used by the department and the department of environmental management for purposes of permits as necessary to ensure that a person proposing to perform work for which a permit is required is not required to provide the same information separately to the department and the department of environmental management. (3) Determine how either the department or the department of environmental management may serve as the single point of contact, for purposes of: (A) distributing and receiving permit applications; (B) obtaining information needed to complete the processing of permit applications; and (C) issuing permits; for an applicant who does not need to have independent contact with the department that is not serving as the single point of contact. (4) Create an internal process to ensure that the appropriate office within the department and the department of environmental management receives and timely reviews each permit application. (5) Ensure that the processing of each permit application is monitored. As added by P.L.214-2014, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026