Ind. Code ch. 14-28-3

in effect

Ind. Code § 14-28-3-1 Legislative finding

Sec. 1. The general assembly finds the following: (1) That the loss of lives and property, the disruption of commerce and government services, and the unsanitary conditions caused by floods, all of which are detrimental to the health, safety, and welfare of the people of Indiana, are a matter of deep concern. (2) That structural measures alone do not provide an adequate solution to flood problems. (3) That it is necessary to enact and implement a state flood plain management program to decrease existing flood damages, mitigate future flood damages, and promote the health, safety, and general welfare of the people of Indiana. [Pre-1995 Recodification Citation: 13-2-22.5-1.5.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-3-2 Adoption of rules

Sec. 2. (a) The commission shall develop and adopt appropriate rules under IC 4-22-2, including consideration of nonconforming uses, as minimum standards for the delineation and regulation of all flood hazard areas within Indiana. The commission and all counties and municipalities shall consider the production of crops, pasture, forests, and park and recreational uses to be conforming uses. These specific conforming uses shall be included as minimum standards in adoption of the rules. (b) The commission may adopt rules regarding the conditions upon which an activity under this section is permitted without a license. [Pre-1995 Recodification Citation: 13-2-22.5-2.] As added by P.L.1-1995, SEC.21. Amended by P.L.164-2024, SEC.16.

Ind. Code § 14-28-3-3 Designation and regulation of flood hazard areas by subdivisions

Sec. 3. (a) All counties and municipalities are encouraged and authorized to delineate and regulate all flood hazard areas within their respective jurisdictions by adopting and implementing all necessary ordinances, rules, and regulations under procedures established by law. For ordinances, rules, and regulations adopted after June 30, 1974, the ordinances, rules, and regulations: (1) may not be less restrictive than the minimum rules of the commission adopted under section 2 of this chapter; and (2) must be approved by the commission before the effective date. (b) This chapter does not prevent a county or municipality from adopting ordinances, rules, and regulations that are more restrictive than the minimum rules adopted by the commission. [Pre-1995 Recodification Citation: 13-2-22.5-3.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-3-4 Assistance and cooperation from commission

Sec. 4. (a) The commission may provide technical data and information and otherwise assist a county or municipality in the following: (1) The identification and delineation of all flood hazard areas within the jurisdiction of the county or municipality. (2) The preparation of all necessary ordinances, rules, and regulations. (b) The commission may cooperate with a state, regional, local, or federal board, commission, or agency in the preparation of necessary information or data. (c) In furtherance of the objectives of subsections (a) and (b), the commission shall hold a meeting at least once every five (5) years with officials of counties and municipalities to do the following: (1) Promote cooperation among the counties and municipalities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency. (2) Provide technical and data assistance to officials of counties and municipalities. (3) Conduct training for and provide communication and outreach to officials of counties and municipalities. (d) In addition to attending meetings held under subsection (c), officials of a county or municipality may voluntarily request to meet with the commission on a periodic basis that the officials consider appropriate to further the objectives of this chapter. [Pre-1995 Recodification Citation: 13-2-22.5-4.] As added by P.L.1-1995, SEC.21. Amended by P.L.191-2023, SEC.11.

Ind. Code § 14-28-3-5 Commission approval required for certain permits within flood hazard areas

Sec. 5. A county or municipality may not issue a permit for a structure, an obstruction, a deposit, or an excavation within a flood hazard area or part of a flood hazard area that lies within a floodway without the prior written approval of the commission as provided in IC 14-28-1. [Pre-1995 Recodification Citation: 13-2-22.5-5.] As added by P.L.1-1995, SEC.21.

Ind. Code § 14-28-3-5.1 Permits for certain state owned or state managed property

Sec. 5.1. (a) Except as provided in subsection (c), a person must obtain a permit under this section to erect, make, use, or maintain a structure, obstruction, deposit, or excavation in any place in a floodplain that is: (1) state owned property; or (2) state managed property. (b) To obtain a permit, a person described in subsection (a) must file with the director a verified written application for a permit. The application must include plans and specifications for the structure, obstruction, deposit, or excavation. (c) A separate permit is not required under this section for an activity for which a permit has been granted under IC 14-28-1. (d) Except as provided in subsection (e), 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 59 through 60; and (3) were 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. (e) If the activity referred to in subsection (a) is the proposed erection, making, use, or maintenance of a structure in any place in a floodplain that is: (1) state owned property; or (2) state managed property; the activity is not allowed unless the lowest floor of the structure is at least two (2) feet above the one hundred (100) year frequency flood elevation. As added by P.L.191-2023, SEC.12.

Ind. Code § 14-28-3-6 Cooperation of public agencies and personnel

Sec. 6. (a) City, county, and state employees, agencies, boards, districts, and commissions may cooperate with and furnish information to the commission or a county or municipality for the purpose of implementing this chapter. (b) The commission shall review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area. [Pre-1995 Recodification Citation: 13-2-22.5-6.] As added by P.L.1-1995, SEC.21. Amended by P.L.191-2023, SEC.13.

Ind. Code § 14-28-3-7 Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program

Sec. 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.

Ind. Code § 14-28-3-7.2 Local floodplain administrator required to complete training

Sec. 7.2. After June 30, 2025, an individual may not serve as the floodplain administrator of a county or a municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers: (A) approved by the Federal Emergency Management Agency; or (B) approved by the department for the purposes of this section. As added by P.L.175-2023, SEC.3.

Ind. Code § 14-28-3-7.4 Request for department review of mapping data applying to a parcel; use of detailed hydrologic modeling in review

Sec. 7.4. (a) As used in this section, "department mapping data" means the mapping data provided by the department and located on the Indiana Floodplain Information Portal. (b) A person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department mapping data applying to the parcel of real property. (c) A review requested under subsection (b) shall be provided by the department at no cost to the person requesting the review. (d) In conducting a review requested under subsection (b), the department shall: (1) use a detailed hydrologic modeling method to review the parcel of real property; and (2) perform at least one (1) onsite investigation of the parcel of real property; before making a determination based on the review under this section. (e) If: (1) the person requesting the review of the department mapping data applying to a parcel of real property has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review of the department mapping data and communicate the results of the review to the person who requested the review not more than one hundred twenty (120) days after the day on which the person requested the review; the person that requested the review of the department mapping data and applied to the local floodplain administrator for a permit may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department mapping data or an engineering study provided by the person. (f) Beginning July 1, 2024, before submitting department mapping data in preparation of a Federal Emergency Management Agency flood hazard map, the department shall notify a person that has: (1) an ownership interest; or (2) a security interest; in a parcel of real property for which a determination was made that the parcel of real property is located in a flood hazard area that was not previously located in a Federal Emergency Management Agency flood hazard map. (g) A person has ninety (90) days from receipt of notice given under subsection (f) to request a review by the department of the department mapping data applying to the parcel of real property. (h) In conducting a review requested under subsection (g), the department shall: (1) use a detailed hydrologic modeling method to review the parcel of real property; and (2) perform at least one (1) onsite investigation of the parcel of real property; before submitting the department mapping data for a Federal Emergency Management Agency flood hazard map. As added by P.L.175-2023, SEC.4. Amended by P.L.164-2024, SEC.17.

Ind. Code § 14-28-3-8 Notice of updates to laws or rules; notice of determination based on department mapping data

Sec. 8. (a) Not later than ninety (90) days after: (1) a law is enacted by the general assembly under this article; or (2) a rule (as defined by IC 4-22-2-3) is adopted by the commission; the department shall update the Indiana Floodplain Information Portal and the department's website to reflect the changes to the law or rule. (b) Beginning July 1, 2024, the department shall notify the following not later than ninety (90) days after a determination is made based on the department mapping data provided on the Indiana Floodplain Information Portal: (1) A person that has: (A) an ownership interest; or (B) a security interest; in a parcel of real property for which a determination is made that the parcel of real property is included in a flood plain or a floodway. (2) A person that has: (A) an ownership interest; or (B) a security interest; in a parcel of real property for which a determination is made that the parcel of real property is no longer included in a flood plain or a floodway. As added by P.L.164-2024, SEC.18.

Ind. Code § 14-28-3-9 Compensatory storage ratio

Sec. 9. (a) As used in this section, "compensatory storage" includes artificial storage used to balance the loss of natural flood storage capacity as a result of placing fill material or other obstructions within a flood plain. (b) The state or a unit of local government may not require a person who intends to fill land in a flood plain to provide compensatory storage at a ratio greater than three (3) (mitigated land) to one (1) (filled land). As added by P.L.73-2026, SEC.7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026