Section 14-28-3-7 - Permit applicant must be allowed an election; permit issuance prohibited if it would jeopardize participation in National Flood Insurance Program(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.Added by P.L. 191-2023,SEC. 14, eff. 7/1/2023.Added by P.L. 175-2023,SEC. 2, eff. 7/1/2023.