The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units to control land use within their jurisdictions. Therefore, the Consolidated City of Indianapolis and Marion County (all jurisdictions) does hereby adopt the following floodplain management regulations.

(G.O. 22, 2024, § 1)

The flood hazard areas of the Consolidated City of Indianapolis and Marion County (all jurisdictions) are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

(G.O. 22, 2024, § 1)

It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Protect human life and health.

(b)

Minimize expenditure of public money for costly flood control projects.

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(d)

Minimize prolonged business interruptions.

(e)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains.

(f)

Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight area.

(g)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(h)

Minimize the impact of development on adjacent properties within and near flood prone areas.

(i)

Ensure that the flood storage and conveyance functions of the floodplain are maintained.

(j)

Minimize the impact of development on the natural, beneficial values of the floodplain.

(k)

Prevent floodplain uses that are either hazardous or environmentally incompatible.

(l)

Meet community participation requirements of the National Flood Insurance Program.

(G.O. 22, 2024, § 1)

The provisions of this chapter shall be applicable throughout the Consolidated City of Indianapolis and Marion County and the Excluded Cities of Beech Grove, Lawrence, Southport, and Speedway. Usage of the Consolidated City of Indianapolis and Marion County throughout this chapter shall mean the Consolidated City of Indianapolis and Marion County and the Excluded Cities of Beech Grove, Lawrence, Southport, and Speedway.

(G.O. 22, 2024, § 1)

In order to accomplish its purposes, these regulations include methods and provisions for:

(a)

Restricting or prohibiting uses that are dangerous to health, safety, and property due to water hazards, or that result in damaging increases in flood heights or velocities.

(b)

Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction.

(c)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, that help accommodate or channel flood waters.

(d)

Controlling filling, grading, dredging, excavating, and other development that may increase flood damage.

(e)

Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas.

(f)

Make federal flood insurance available for structures and their contents in the Consolidated City of Indianapolis and Marion County by fulfilling the requirements of the National Flood Insurance Program.

(G.O. 22, 2024, § 1)

Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them meaning they have in common usage and to give these regulations the most reasonable application.

Accessory structure means a subordinate structure, building or use that is customarily associated with, and is appropriately and clearly subordinate in use, size, bulk, area and height to the primary structure, building, and use with a floor area of four hundred (400) square feet or less that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory structure specifically excludes structures used for human habitation.

(a)

Accessory structures are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof.

(b)

Examples of accessory structures include but are not necessarily limited to two-car detached garages (or smaller), carports, storage and tool sheds, and small boathouses.

(c)

The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be accessory structures by the NFIP:

(1)

Structures in which any portion is used for human habitation, whether as a permanent residence or as temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence.

(2)

Structures used by the public, such as a place of employment or entertainment.

(3)

Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples include, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is open on all sides (roofed but not walled).

Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, that is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

Administrator. See "floodplain administrator".

Alteration is any change in type of occupancy, or any change, addition or modification in construction of the structural members of an existing structure, such as walls, or partitions, columns, beams or girders, as well as any change in doors or windows or any enlargement to or diminution of a structure, whether it be horizontally or vertically.

Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification that may alter, impede, retard, or change the direction and/or velocity of the flow of water during conditions of the base flood.

Applicant is the owners, legal and equitable, of land within the territorial limits of the Consolidated City of Indianapolis and Marion County or persons authorized by the owner, who submit an application for land use or permit approval under the provisions of this chapter.

Appeal means a request for a review of the floodplain administrator's or their designee's interpretation of any provision of this chapter, or a challenge of a board decision.

Area of special flood hazard is the land within a community subject to a one percent (1%) or greater chance of being flooded in any given year.

As-built is the state of being of a structure or building immediately following its construction or placement.

Attached uninhabitable accessory enclosure means for purposes of flood control regulation, an enclosed area of a structure below the elevated first floor used solely for parking vehicles, building access or storage that satisfies all requirements for such a structure as set forth in this article.

Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) annual chance flood or one hundred (100) year flood also known as the regulatory flood.

Base flood elevation (BFE) means the water surface elevation of the base flood in relation to a specified datum, usually the North American Vertical Datum of 1988. The elevation of the one percent (1%) chance flood.

Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides.

Best available flood layer (BAFL) means for purposes of flood control regulation, information including but not limited to available topographic mapping, survey data, historic flood records, engineering studies, channel ratings, and engineering judgment, used by the floodplain administrator and/or designee. They also include floodplain studies and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources which provides base flood elevation information, floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.

Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property of any kind, having an enclosed space and a permanent roof supported by columns or walls. Also see "structure."

Carport means a roofed structure designed and intended to shelter the automotive vehicle of the premises' occupant or owner, with at least one side permanently open to the weather.

Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.

Condition is an official agreement between the municipality and the applicant concerning the use or development of the land as specified in the letter of grant of a petition, appeal, or special exception as signed by the administrator or secretary of the applicable appointed land use body.

Construction activity means the conduct of land alterations, watercourse alterations, erection, construction, placement, repair, alteration, conversion, maintenance, moving, or remodeling of any new or existing building or structure or any part thereof, or the construction, installation, extension, repair, alteration, conversion, removal or maintenance of building or structure equipment.

Cost for purposes of flood control regulation means, the actual value of the work to be performed based on a method approved by FEMA.

Covenant is a private legal restriction on the use of land contained in the deed, plat and other legal documents pertaining to the property.

Critical facility means a facility for which even a slight chance of flooding might be too great. For purposes of flood control regulation, those facilities that: are critical to the community's public health and safety; are essential to the orderly functioning of a community; store or produce highly volatile, toxic or water reactive materials that must be protected to prevent further harm or house occupants that may be insufficiently mobile to avoid loss of life or injury. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.

CRS community rating system is a program developed by the federal insurance administration to provide incentives for those communities in the NFIP that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

Designated enforcement entity is the administrator, inspector, law enforcement officer, or other person or agency, acting within their legal authority and jurisdiction, authorized by the department of business and neighborhood services.

Development means, for floodplain management purposes, any man-made change to improved or unimproved real estate including but not limited to:

(a)

Construction, reconstruction, or placement of a structure or any addition to a structure;

(b)

Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than one hundred eighty (180) days;

(c)

Installing utilities, erection of walls and fences, construction of roads, or similar projects;

(d)

Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

(e)

Mining, dredging, filling, grading, excavation, or drilling operations;

(f)

Construction and/or reconstruction of boat lifts, docks, piers, and seawalls;

(g)

Construction and/or reconstruction of bridges or culverts;

(h)

Storage of materials; or

(i)

Any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include activities such as the maintenance of existing structures and facilities such as painting; re-roofing; resurfacing roads; or, gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures. This definition does not include ordinary maintenance and repair conducted under Department of Public Works maintenance programs, such as mowing and activities required as part of necessary maintenance of drainage or flood control facilities so that the facilities will perform the function for which it was designed and constructed, provided that the maintenance of drainage or flood control facilities does not include any activities identified in subparagraphs (1) through (9) above.

Elevation certificate means for purposes of flood control regulations, a FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information and other information about the building. This information is necessary to verify compliance with the flood control ordinance and regulations as well as obtain flood insurance. The most recent version of the FEMA published form is required. Elevation Certificates require completion by a Professional Land Surveyor or Registered Professional Engineer.

Enclosed area (enclosure) is an area of a structure enclosed by walls on all sides.

Enclosure below the lowest floor. See "lowest floor" and "enclosed area."

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots that the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots that the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means the Federal Emergency Management Agency.

Fill for floodplain management purposes, means any material deposited or placed that has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of inland or tidal waters.

(b)

The unusual and rapid accumulation or runoff of surface waters from any source.

(c)

Mudslides (i.e., mudflows) that are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

Flood or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above.

Flood hazard area means areas subject to the one percent (1%) annual chance flood. (See "special flood hazard area".)

Flood insurance rate map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.

Flood prone area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "floodplain".)

Flood protection grade (FPG) is the BFE plus two (2) feet at any given location in the SFHA. (See "freeboard".)

Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. The channel proper and the areas adjoining any wetland, lake, or watercourse that has been or may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe. (See "Flood".)

Floodplain administrator is an employee of the division of construction and business services at the department of business and neighborhood services authorized and directed to enforce the provisions of the flood damage prevention ordinance.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power that control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

Floodproofing (dry floodproofing) is a method of protecting a nonresidential structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

Floodproofing certificate is a form developed by FEMA to certify compliance for non-residential structures as an alternative to elevating structures to or above the flood protection grade (FPG).

Floodwater is the water of any lake or watercourse that is above the banks or outside the channel and banks of such watercourse.

Floodway is the channel of a river or stream and those portions of the floodplains adjoining the channel that are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream or other watercourse and the adjacent land. These areas must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety, usually expressed in feet above the BFE, that is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

Fringe or flood fringe is the portion of the regulatory floodplain lying outside the floodway.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Habitable space for purposes of flood control regulation, the enclosed area of any building used for living area including but not limited to bedrooms, bathrooms, kitchens, living rooms, family rooms, dining rooms, recreation rooms, utility rooms and workshops.

Hardship (as related to appeals of this chapter) means the exceptional hardship that would result from a failure to grant the requested appeal. The Consolidated City of Indianapolis and Marion County requires that the appeal is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting an appeal, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

(d)

Individually listed on a local inventory of historic places in the historic district plan of a locally designated historic district communities with historic preservation programs that have been certified by: (a) an approved state program as determined by the Secretary of Interior, or (b) directly by the Secretary of Interior in states without approved programs.

Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

IDNR means the Indiana Department of Natural Resources.

INRC means the Indiana Natural Resources Commission.

Inspector is an employee of the department of business and neighborhood services authorized to enter, examine, and survey all lands within the Consolidated City of Indianapolis and Marion County to accomplish the enforcement of all codes and land use regulations of the Consolidated City of Indianapolis and Marion County.

International Code Council-Evaluation Service (ICC-ES) Report means a document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed.

Land alteration for purposes of flood control regulation means any change in the topography of land caused by activities including but not limited to excavation, filling, deposit or stockpiling of materials and construction of ponds, dams, or levees outside of a watercourse. For purposes of flood control regulation, land alterations do not include the construction, placement of, or other activities involving buildings or nonbuilding structures or those activities that are defined as open land use in this article, or ordinary maintenance and repair of an IDNR approved land alteration.

Letter of final determination (LFD) means a letter issued by FEMA during the mapping update process that establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.

Letter of map change (LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:

(a)

Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project that would, upon construction, result in modification of the SFHA through the placement of fill outside the existing regulatory floodway.

(b)

Conditional Letter of Map Revision Based on Fill (CLOMR-F) means a letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood.

(c)

Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA map that establishes that a building or area of land is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.

(d)

Letter of Map Amendment Out as Shown (LOMA-OAS) means an official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations.

(e)

Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

(f)

Letter of Map Revision Based on Fill (LOMR-F) FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existing regulatory floodway.

Lowest adjacent grade for purposes of flood control regulation means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Lowest floor means, for floodplain management purposes, the lowest elevation described among the following:

(a)

The top of the lowest level or floor of a structure or building.

(b)

The top of the basement floor.

(c)

The top of the garage floor if the garage is connected to the building and is the lowest level of the structure or building.

(d)

The top of the first floor of a structure elevated on pilings or pillars.

(e)

The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:

(1)

The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters.

(2)

At least two (2) openings are designed and maintained for the entry and exit of floodwater; and these openings provide a total net area of at least one (1) square inch for every one (1) square foot of enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and windows do not qualify as openings.

(3)

Such enclosed space shall be usable for the parking of vehicles and building access.

(f)

The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.

Manufactured (mobile) home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured (mobile) home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value for purposes of flood control regulation means the market value of the structure itself, not including the associated land, landscaping or detached accessory structures. The market value must be determined by a method approved by FEMA and the Floodplain Administrator and/or designee. If an appraisal is used, the appraiser must have at least one of the following designations:

(a)

Member of the American Institute of Real Estate Appraisers (MAI);

(b)

Residential member of the American Institute of Real Estate Appraisers (RM);

(c)

Senior real estate analyst of the Society of Real Estate Appraisers (SREA);

(d)

Senior residential appraiser of the Society of Real Estate Appraisers (SREA);

(e)

Senior real property appraiser of the Society of Real Estate Appraisers (SRPA);

(f)

Senior member of the American Society of Appraisers (ASA);

(g)

Accredited rural appraiser of the American Society of Farm Managers and Rural Appraisers (ARA); or

(h)

Accredited appraiser of the Manufactured Housing Appraiser Society.

Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.

Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.

New construction for floodplain management purposes means any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots that the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.

NFIP means National Flood Insurance Program, a voluntary agreement between the federal government and participating communities in which the federal government offers subsidized flood insurance to communities that agree to adopt and enforce a flood ordinance that, at a minimum, meets the federal standards to reduce future flood risk to new construction in floodplains.

Nonbuilding structure for purposes of flood control regulation means structures other than buildings including but not limited to public utilities, on-site wastewater disposal systems, water supply systems, sanitary sewers, on-site wastewater treatment systems, lift stations, transmission towers, well pumps, electrical units, bridges, culverts, and any other structures determined by the Floodplain Administrator and/or designee to constitute a potential hazard to life, health, safety or property caused by exposure to floodwaters during the base flood.

Non-substantial addition for purposes of flood control regulation means a structural enlargement of a structure, the cost of which is less than fifty (50) percent of the market value of the structure before the start of construction.

Non-substantial damage for purposes of flood control regulation means damage of any origin sustained by a structure and not intentionally caused or inflicted by the owner or occupant whereby the cost of restoring the structure to its pre-damaged condition would be less than fifty (50) percent of the market value of the structure before the damage occurred. See related "substantial damage" and "substantial improvement."

Non-substantial improvement for purposes of flood control regulation means any structural improvement of a structure that does not consist of a structural enlargement or repair of damage, the cost of which is less than fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term does not include either:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions;

(b)

Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure" if appeal is approved.

North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse that may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. See "regulatory flood".

Permit application means a complete application with all accompanying information required by the Department of Business and Neighborhood Services for a Floodplain Development Permit.

Physical map revision (PMR) is an official republication of a community's FEMA map to effect changes to base (1-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. these changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAS.

Prefabricated buildingis a building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on-site to form the complete building.

Principally above ground means that at least fifty-one (51) percent of the actual cash value of the structure, less land value, is above ground.

Professional architect is an architect registered under 804 IAC 1 and regulated under IC 25-4-1.

Professional engineer is an engineer registered under 864 IAC 1 and regulated under IC 25-31-1.

Professional surveyor is a surveyor registered under 865 IAC 1 and regulated under IC 25-21.5.

Recreational vehicle means a vehicle including any associated transport trailer that may be motorized, non-motorized, designed and intended specifically for non-commercial use, such as temporary living, travel, and leisure activities. Examples include but not limited to boats, jet skis, race cars, all-terrain bikes, motor homes, travel trailers and camping trailers. For a trailer with a cargo holder measuring more than 12 feet in length to qualify as a recreational vehicle, it must be loaded with the watercraft or other recreational item it is used to transport.

For the purposes of this flood control regulation, a recreational vehicle is one that is:

(a)

Built on a single chassis;

(b)

Four hundred (400) square feet or less when measured at the largest horizontal projections;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in section 565-302 of this chapter. The "Regulatory Flood" is also known by the term "Base Flood", "One-Percent Annual Chance Flood", and "100-Year Flood".

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded twenty-five (25) percent of the market value of the structure before the damage occurred.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Solid waste disposal facility means any facility involved in the storage or disposal of non-liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.

Special flood hazard area (SFHA), synonymous with "areas of special flood hazard" and floodplain, means those lands within the jurisdiction of Consolidated City of Indianapolis and Marion County subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on flood insurance rate maps, flood insurance studies, flood boundary and floodway maps and flood hazard boundary maps as zones A, AE, AH, AO, A1-30, A99, or VE. The SFHA includes areas that are flood prone and designated from other federal, state or local sources of data including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Standard flood insurance policy is the flood insurance policy issued by the federal insurance administrator, or an insurer pursuant to an arrangement with the federal insurance administrator pursuant to federal statutes and regulations.

Standard proctor for purposes of flood control regulation is the maximum dry density of a backfill material as determined by the methods set forth within ASTM D 698. The percent standard proctor density is a ratio of the in-place dry density of a backfill material, determined by those methods set forth within ASTM D 1556, to the maximum dry density (determined by test method 698). The resulting quotient must be multiplied by 100, and the value obtained must meet or exceed the minimum values specified in the zoning ordinance.

Start of construction for purposes of flood control regulations, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stream is a surface watercourse with a well-defined bed and bank, either natural or artificial that confines and conducts continuous or periodic flowing water.

Stream bank is the sloping land that contains the stream channel and the normal flows of the stream.

Stream channel is part of a watercourse that contains an intermittent or perennial base flow of groundwater origin.

Stream protection corridor is a vegetated area, including trees, shrubs, and herbaceous vegetation, that exists or is established to protect a stream system, lake, or reservoir, and where alteration is strictly limited. Functionally, stream protection corridors provide erosion control, improve water quality (lower sedimentation and contaminant removal), offer floodwater storage, provide habitat, and improve aesthetic value.

Structure means for purposes of flood control regulations, is anything that can be constructed, altered, repaired or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, gas or liquid storage tanks, cabins, manufactured homes. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property of any kind, having an enclosed space and a permanent roof supported by columns or walls. It is a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than one hundred eighty (180) consecutive days.

Substantial addition for purposes of flood control regulations is a structural enlargement of the enclosed space of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction. See related "non-substantial addition."

Substantial damage for purposes of flood control regulations, means damage of any origin sustained by a structure and not intentionally caused or inflicted by the owner or occupant, whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See related "non-substantial damage" and "substantial improvement".

Substantial improvement for purposes of flood control regulations, means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss" or "substantial damage" regardless of the actual repair work performed. It also includes any improvements to repair, replace or reconstruct damage or demolition intentionally caused or inflicted by the owner or occupant. The term does not include:

(a)

Improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions.

(b)

Ordinary maintenance and repair as defined in this chapter.

Violation means the failure of a structure or other development or use to be fully compliant with this chapter. For purposes of flood control regulation, this includes a structure or use or development without the elevation certificate, other certifications, or other evidence of required compliance with the flood control regulations to be fully compliant with this chapter.

Walled and roofed means a building that has two or more exterior rigid walls and a fully secured roof and is affixed to a permanent site.

Watercourse means a lake, river, creek, stream, wash, channel, man-made ditches, reservoirs, ponds, retention or detention basins, drainage swales, or other topographic feature on or over which waters flow at least periodically. A watercourse is distinguished from overland flow, sheet flow, shallow swale flow, and storm sewer flow by the following characteristics that must be present to constitute a watercourse:

(a)

Defined and distinguishable stream banks under natural conditions; and

(b)

Regularity of flow in the channel evidenced by a distinguishable waterline vegetation limit or hydrologic characteristics.

Watercourse includes specifically designated areas in which substantial flood damage may occur.

Watercourse alteration is any encroachment, diversion, relocation, impoundment, draining, damming, repair, construction, reconstruction, dredging, enclosing, widening, deepening, filling or other modification of a watercourse. Watercourse alteration does not include the clearing of dead or dying vegetation, debris or trash from the channel, nor does it include ordinary maintenance and repair of an IDNR-approved watercourse alteration.

Wetland is those areas not influenced by tidal fluctuations, that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(G.O. 22, 2024, § 1)

This chapter shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the Consolidated City of Indianapolis and Marion County, Indiana as identified in section 565-302, including any additional areas of special flood hazard annexed by the Consolidated City of Indianapolis and Marion County, Indiana.

(G.O. 22, 2024, § 1)

The flood boundaries have been established from hydrological data delineated on flood insurance rate maps provided by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study for Marion County, Indiana (All Jurisdictions)," dated April 19, 2016. Topographic-based floodplain maps that may be developed by the Consolidated City of Indianapolis and Marion and approved for use by FEMA may be used as best available data to supplement FEMA's flood insurance rate maps, in accordance with FEMA and IDNR procedures and regulations. These maps contain zone AE floodplain areas for which floodway boundaries and base flood elevations are provided, zone AH floodplain areas for which base flood elevations are provided, zone AO floodplain areas for which base flood elevations are not provided, and zone A floodplain areas for which floodway boundaries and base flood elevations are not provided. Each of those maps also contain shaded zone X floodplain areas that depict areas subject to flooding in the headwaters of a stream, the 500-year frequency floodplain collar outside of the 100-year frequency zone AE area, and land subject to shallow flood depths of less than one foot. The flood boundaries and base flood elevations for mapped areas shall be determined as follows:

(a)

The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the Consolidated City of Indianapolis and Marion County, Indiana (All Jurisdictions), delineated as an "AE Zone" on the Consolidated City of Indianapolis and Marion County, Indiana Flood Insurance Rate Map dated April 19, 2016 shall be determined from the one-percent annual chance flood profiles in the Flood Insurance Study of Marion County, Indiana (All Jurisdictions) and the corresponding Flood Insurance Rate Maps (FIRM) dated April 19, 2016 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an "AE Zone", the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources.

(b)

The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the Consolidated City of Indianapolis and Marion, County, Indiana (All Jurisdictions), delineated as an "A Zone" on the Consolidated City of Indianapolis and Marion County, Indiana Flood Insurance Rate Map, dated April 19, 2016, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.

Zone AH and zone AO: In zone AH floodplain areas, the base flood elevation shown on the flood insurance rate map shall be used. In zone AO areas, the base flood elevation shall be determined by adding the depth number specified in feet on the flood insurance rate map (two feet, if no depth number is specified) to the highest ground elevation at the site.

Zone X: Zone X areas (shaded or unshaded) are not designated by FEMA as special flood hazard areas and are not regulated by this article.

(c)

In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. In the event IDNR lacks sufficient data, the floodplain administrator and/or designee shall determine which type of flood delineation the site is located in and the appropriate flood protection grade and limitations applicable to that area. If the floodplain administrator and/or designee lack sufficient data to make this determination, the applicant for the floodplain development permit shall be required to submit a floodplain delineation boundary determination completed by a registered professional engineer. The procedures by which specific determinations flood boundaries are to be made and incorporated into revisions of the flood insurance rate maps are set forth in Article 4 Map Maintenance.

(d)

Upon issuance of a letter of final determination (LFD), the floodplain administrator and/or designee shall use more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.

(G.O. 22, 2024, § 1)

A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.

(G.O. 22, 2024, § 1)

(a)

No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations.

(b)

Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the most conservative (highest) base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.

(c)

No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.

(G.O. 22, 2024, § 1)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(G.O. 22, 2024, § 1)

(a)

In cases where there is a discrepancy between the mapped floodplain (SFHA) with base flood elevations provided (Riverine or Lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation provided on the flood insurance study (FIS) base flood profiles or table of still water elevations shall govern.

(b)

If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.

(c)

If the natural grade elevation of the site in question is at or above the base flood elevation and LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated.

(G.O. 22, 2024, § 1)

In the interpretation and application of this chapter all provisions shall be:

(a)

Considered as minimum requirements.

(b)

Liberally construed in favor of the governing body.

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(G.O. 22, 2024, § 1)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the Consolidated City of Indianapolis and Marion County, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this chapter, or any administrative decision made lawfully thereunder.

(G.O. 22, 2024, § 1)

Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of an appeal shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Consolidated City of Indianapolis and Marion County, Indiana.

(a)

A separate offense shall be deemed to occur for each day the violation continues to exist.

(b)

The floodplain administrator and/or designee shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

(c)

Nothing herein shall prevent the Consolidated City of Indianapolis and Marion County, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(G.O. 22, 2024, § 1)

An employee of the division of construction and business services with the department of business and neighborhood services shall administer and implement the provisions of this chapter and is herein referred to as the floodplain administrator.

(G.O. 22, 2024, § 1)

A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard. Ordinary maintenance and repair conducted under department of public works maintenance programs is excluded, such as mowing and activities required as part of necessary maintenance of drainage or flood control facilities so that the facilities will perform the function for which it was designed and constructed. An application for a floodplain development permit shall be made to the floodplain administrator and/or designee for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area.

A floodplain development permit shall not be issued for proposed activity in zone A or the BAFL until the floodway and floodway fringe boundaries and base flood elevation are established in accordance with this article or the best available data information.

Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. The floodplain administrator and/or designee, during the review of floodplain development permit applications located in identified in a special flood hazard area, shall ensure that specifically, the following information is required:

(a)

Application stage. All development shall comply with all provisions of this chapter. Application for a floodplain development permit shall be made on a form provided by the floodplain administrator and/or designee.

(1)

A description of the proposed development.

(2)

Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams.

(3)

A legal description of the property site.

(4)

For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure.

(5)

A site development plan showing existing and proposed development locations and existing and proposed contours.

(6)

A letter from a licensed professional surveyor or engineer noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met.

(7)

Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.

(8)

The governing base flood elevation for the site (including the source of the base flood elevation value). Floodway and Floodway Fringe zones shall be delineated and labeled on the plans, primary plat, and the plat to be recorded. For Zone AE area, the plans and the plat must show the BFE topographic line the plan and plat must show the delineation study with the floodway and floodway fringe lines shown on the FIRM maps. Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed structures in zones A, AH, and AE. In zone AO, plans must show the height of the top of the lowest floor above the highest adjacent grade. Elevation should be in NAVD 88. Flood protection grade denoted for each building pad and floor; volumetric calculations demonstrating compensatory storage; and, for each lot located in a Special Flood Hazard area, a plan note identifying the flood control zone in which it is located and the requirements and limitations.

(9)

Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed.

(10)

Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade.

(11)

Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant. Plans for proposed activities requiring a specified flood protection grade that involve land or watercourse alterations, or involve flood-proofing of a structure, shall be certified by a professional engineer, professional surveyor, or professional architect.

(12)

Plans showing how any proposed structure will be anchored to resist flotation or collapse.

(13)

Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD 88.

(14)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes submitted to DNR for approval. Once DNR approval is obtained, a FEMA Conditional Letter of Map Revision must be obtained prior to construction. (See section 565-403(H) and section 565-405 for additional information.)

(15)

Any additional information, as requested by the floodplain administrator and/or his designee, that may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.

(16)

An application and permit fee shall be charged for the processing of a floodplain development permit application. A fee schedule shall be developed by the floodplain administrator and/or designee for categories of proposed activities sufficient to recover the cost of processing applications.

(17)

A floodplain development permit shall not be issued for any proposed activity until all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including but not limited to section 565-404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

(18)

All National Flood Insurance Program regulations (codified at 44 CFR, Part 60.3) pertaining to state and federal permits, subdivision review, building permit review, floodproofing nonresidential structures, mobile home tie-down standards, utility construction, recordkeeping (including lowest floor elevations), and watercourse alteration and maintenance have been met.

(19)

The floodplain administrator and/or designee shall make all determinations and obtain all data in accordance with FEMA standards at 44 CFR 60.3. The permit applicant is responsible for supplying data to the floodplain administrator and/or designee that is required by FEMA.

(20)

When applicable, the floodplain administrator and/or designee shall supply each applicant for a floodplain development permit with a blank NFIP elevation certificate or flood-proofing certificate during the floodplain permit review process. The permit applicant will be required to submit the applicable certificate as outlined within the provisions of this chapter.

(21)

A floodplain performance surety as outlined within the general standards must be provided to the floodplain administrator by the applicant prior to issuance of the floodplain development permit when an elevation certificate or floodproofing certificate is required.

(b)

Floodplain development permit validity, transfer, expiration.

(1)

The approval of a floodplain development plan by the floodplain administrator and/or designee shall be valid for a period of one year from the date such approval was granted, or until the floodplain development permit for which the plan was submitted was issued, whichever occurs first. However, prior to the issuance of the permit, if there are any material changes to an approved floodplain development plan or circumstances that cause the floodplain development plan to be inaccurate or incomplete, then a new or corrected floodplain development plan shall be submitted to the department as a precondition for obtaining a floodplain development permit.

(2)

Transferring a permit.

(a)

A floodplain development permit may be transferred with the approval of the floodplain administrator and/or designee to a person, partnership or corporation that would be eligible to obtain such floodplain development permit in the first instance ("transferee"), after both the payment of a fee specified in the rules and procedures of the commission and the execution and filing of a form furnished by the floodplain administrator and/or designee. Such transfer form shall contain, in substance, the following certifications, release and agreement:

(i)

The person who obtained the original floodplain development permit or a person who is employed by and authorized to act for the obtainer ("transferor") shall:

(ii)

Certify under penalties for perjury that such person is familiar with construction activity accomplished pursuant to the floodplain development permit; such person is familiar with the floodplain development standards and procedures applicable to the construction activity; and to the best of such person's knowledge, information, and belief the construction activity, to the extent performed, is in conformity with all floodplain development standards and procedures; and

(iii)

Sign a statement releasing all rights and privileges secured under the floodplain development permit to the transferee.

(b)

The transferee shall:

(i)

Certify that the transferee is familiar with the information contained in the original floodplain development permit application, the detailed plans and specifications, the plot plan and any other documents filed in support of the application for the original floodplain development permit;

(ii)

Certify that the transferee is familiar with the present condition of the premises on which construction activity is to be accomplished pursuant to the floodplain development permit; and

(iii)

Agree to adopt and be bound by the information contained in the original application for the floodplain development permit, the detailed plans and specifications, the plot plan and other documents supporting the original floodplain development permit application; or in the alternative, agree to be bound by such application plans and documents modified by plan amendments submitted to the floodplain administrator and/or designee for approval.

(iv)

The transferee shall assume the responsibilities and obligations of and shall comply with the same procedures required of the transferor and shall be subject to any written orders issued by the floodplain administrator and/or designee.

(v)

A permit or design approval may not be transferred from the specified location to another location.

3.

Expiration of floodplain development permits by operation of law.

(a)

If construction activity, other than activity involving the removal of all or part of a structure, has not been commenced within one hundred eighty (180) days from the date of issuance of the floodplain development permit, the permit shall expire by operation of law and shall no longer be of any force or effect; provided, however, the floodplain administrator and/or designee may, for good cause shown in writing, extend the validity of any such permit for an additional period that is reasonable under the circumstances, but in no event shall the continuance exceed a period of sixty (60) days. Such extension shall be confirmed in writing.

(b)

If the construction activity has been commenced but only partially completed, and thereafter substantially no construction activity occurs on the construction site over a period of one hundred eighty (180) days, the permit shall expire by operation of law and no longer be of any force or effect; provided, however, the floodplain administrator and/or designee may, for good cause shown in writing, extend the validity of any such permit for an additional period that is reasonable under the circumstances to allow construction activity to resume.

(c)

Construction stage.

(1)

The floodplain administrator and/or designee shall require that two NFIP elevation certificates be completed accurately and without errors by a professional land surveyor or registered professional engineer for each new structure, substantial addition, substantial improvement, or restoration of substantial damage located in a special flood hazard area (SFHA) as required by FEMA.

(2)

The applicant shall have a professional land surveyor or registered professional engineer complete the first of two (2) required NFIP elevation certificates, showing the as-built floor elevation at flood protection grade and lowest adjacent grade to the structure, and other information required in the form. The applicant shall deliver a signed and completed NFIP elevation certificate to the floodplain administrator and/or designee within ten (10) calendar days after completion of construction of the lowest floor grade.

(3)

The floodplain administrator and/or designee shall review the elevation certificate and construction activity shall halt until this review is complete. Any deficiencies detected during the review shall be corrected by the applicant before proposed development is permitted to continue.

(4)

Failure to submit the certificate or failure to make said corrections required hereby shall be cause to issue a stop work order for the project.

(d)

Finished construction.

(1)

Upon completion of construction of any structure requiring certification of elevation, the second elevation certificate that depicts the "as-built" lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the floodplain administrator within ten (10) calendar days. The elevation certificate shall be prepared by a professional land surveyor, professional registered engineer and certified by the same.

(2)

Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the floodplain administrator to verify the required standards were met, including compaction.

(3)

Upon completion of construction of a floodproofing measure for a non-residential structure, a floodproofing certificate is required to be submitted by the applicant to the floodplain administrator. The floodproofing certificate shall be prepared by a registered professional engineer, surveyor or architect as outlined within the flood-proofing certificate instructions, and certified by same, showing the as-built floor elevation at flood protection grade as provided by the flood-proofing measures constructed, and other required information on the form.

(4)

The department of business and neighborhood services shall not perform the final inspection of construction to a building requiring an elevation certificate or flood-proofing certificate until the floodplain administrator and/or designee has received and reviewed a properly completed elevation certificate or flood-proofing certificate.

(5)

Failure to submit a properly completed and compliant elevation certificate or flood-proofing certificate when applicable result in the issuance of a stop work order on the project by the floodplain administrator and/or designee, revocation of the floodplain development permit by the floodplain administrator and/or designee, or both.

(G.O. 22, 2024, § 1)

The floodplain administrator and/or designated staff are hereby authorized and directed to enforce the provisions of this chapter. The administrator is further authorized to render interpretations of this chapter that are consistent with its spirit and purpose.

Duties and responsibilities of the floodplain administrator and/or designee shall include, but are not limited to:

(a)

Enforce the provisions of this chapter.

(b)

Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied.

(c)

Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

(d)

Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance.

(e)

Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit.

(f)

Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas, must meet the development standards of these regulations.

(g)

For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator shall:

(1)

Verify and document the market value of the pre-damaged or pre-improved structure.

(2)

Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community.

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement" for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage.

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in article V of this chapter are required.

(h)

Notify adjacent communities and the state floodplain coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA.

(i)

Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to section 565-501(a), section 565-501(c)(1), and section 565-501(d) of this chapter. Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).

(j)

Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if section 565-403(i) is applicable.

(k)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(l)

Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with section 565-402.

(m)

Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance section 565-402.

(n)

Make on-site inspections of projects in accordance with section 565-404.

(o)

Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds.

(p)

Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.

(q)

Provide information, testimony, or other evidence as needed during appeal hearings.

(r)

Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with section 565-404.

(s)

Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, letters of map change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this chapter in accordance with section 565-404.

(t)

Coordinate map maintenance activities and associated FEMA follow-up in accordance with section 565-405.

(u)

Utilize and enforce all letters of map change (LOMC) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.

(v)

Request any additional information that may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.

(w)

The Floodplain Administrator and/or designee will file the National Flood Insurance Program (NFIP) elevation certificate, and the floodproofing certificate if applicable, for each building and structure in the Special Flood Hazard Area with the floodplain development permit.

(x)

The floodplain administrator and/or designee will make available to insurance agents and lenders, upon request, copies of the NFIP elevation certificate and the floodproofing certificate to assist in the actuarial rating of the structure for flood insurance purposes.

(G.O. 22, 2024, § 1)

(a)

Inspections of work in progress. As the work pursuant to a permit progresses, the floodplain administrator and/or designee shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the administrator has a right to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.

(b)

Stop work orders.

(1)

Upon notice from the floodplain administrator and/or designee, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease.

(2)

Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.

(c)

Revocation of permits.

(1)

The floodplain administrator and/or designee may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

(2)

The floodplain administrator may revoke a permit upon determination by the floodplain administrator and/or designee that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.

(d)

Floodplain Management Records.

(1)

Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this chapter shall be kept on file and maintained under the direction of the floodplain administrator in perpetuity. These records include permit applications, plans, certifications, flood insurance rate maps; letter of map change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations required by this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter. The floodplain administrator and/or designee will maintain a file of all floodplain development permits issued and will make these floodplain development permits available to representatives of FEMA, IDNR and other interested parties.

(2)

These records shall be available for public inspection at the department of business and neighborhood services.

(e)

Periodic inspection. Once a project is completed, periodic inspections may be conducted by the floodplain administrator and/or designee to ensure compliance. The floodplain administrator and/or designee shall have a right to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(G.O. 22, 2024, § 1)

To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Consolidated City of Indianapolis and Marion County, Indiana (All Jurisdictions) flood maps, studies and other data identified in section 565-302 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(a)

Requirement to submit new technical data. Procedures to change the floodway and floodway fringe district boundaries, with or without an accompanying base flood elevation change, may be initiated in certain circumstances, including but not limited to: Determination of original mapping error; physical change to the landscape such as filling, excavating or grading; modification of a channel or bridge that changes the hydraulic or hydrologic characteristics of the watercourse; availability of better topographic base mapping that more accurately depicts the floodplain limits; and development of detailed hydrological data for previously unstudied zone A areas. In addition, an owner or lessee of property who believes his or her property has been wrongly designated in a particular flood zone delineation may apply for a change in accordance with the Flood Damage Prevention Ordinance.

(1)

For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six (6) months of the date such information becomes available. These development proposals include:

(a)

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.

(b)

Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.

(c)

Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and Subdivision or large-scale development proposals requiring the establishment of base flood elevations.

(2)

It is the responsibility of the applicant to have required technical data for a conditional letter of map revision or letter of map revision and submitted to FEMA. The Indiana Department of Natural Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or submitted through the online letter of map change website. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

The floodplain administrator and/or designee of the department of business and neighborhood services shall review all LOMR and LOMA applications for completeness pursuant to FEMA regulations and procedures and verify that the subject project has satisfied the regulatory requirements of this article. Upon verification, the floodplain administrator and/or designee shall issue a signed community acknowledgement to the applicant as required by FEMA. If the LOMR or LOMA application is based on a channel improvement or other physical change to the floodplain that requires continual operation and maintenance as a condition of the issuance of the LOMR or LOMA by FEMA, the floodplain administrator and/or designee may require the applicant to enter into an agreement with the floodplain administrator and/or designee to provide such operation and maintenance.

The floodplain administrator and/or designee shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.

(3)

Floodplain development permits issued by the floodplain administrator and/or designee shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to this section.

(b)

Right to submit new technical data. The floodplain administrator and/or designee may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the board of business and neighborhood services and may be submitted to FEMA at any time.

(c)

Annexation/Detachment. Upon occurrence, the floodplain administrator and/or designee shall notify FEMA in writing whenever the boundaries of the Consolidated City of Indianapolis and Marion County, Indiana have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Consolidated City of Indianapolis and Marion County, Indiana and Incorporated Areas Flood Insurance Rate Map accurately represent the Consolidated City of Indianapolis and Marion County, Indiana boundaries, include within such notification a copy of a map of the Consolidated City of Indianapolis and Marion County, Indiana suitable for reproduction, clearly showing the new corporate limits or the new area that the Consolidated City of Indianapolis and Marion County, Indiana has assumed or relinquished floodplain management regulatory authority.

(G.O. 22, 2024, § 1)

(a)

The board of business and neighborhood services shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the floodplain administrator and/or designee in the enforcement or administration of this chapter.

(b)

The floodplain development permit applicant or property owner must submit written notice of appeal to the floodplain administrator either by registered or certified mail, return receipt requested, or by personal service with a signed receipt. If the notice is not delivered to the floodplain administrator within ten (10) calendar days of the date of the floodplain administrator's and/or designee decision, then the applicant shall forfeit the appeal.

(c)

The board shall review the appeal request at their next regularly scheduled board meeting. Written notification of the board's determination to affirm or vacate the floodplain administrator's and/or designee decision shall be provided to the appellant within thirty (30) calendar days of the date of this meeting.

(d)

In considering such appeals, the board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:

(1)

The danger to life and property due to flooding or erosion damage.

(2)

The danger that materials may be swept onto other lands to the injury of others.

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The necessity to the facility of a waterfront location, where applicable.

(6)

The compatibility of the proposed use with existing and anticipated development.

(7)

The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

(8)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(9)

The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters at the site.

(10)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(e)

A written report addressing each of the above factors shall be submitted with the application for an appeal. An application for an appeal that does not include the report required by this subsection shall be deemed incomplete and will be treated as notice of the intent to request an appeal.

(f)

When approving appeals, the board shall make positive findings of fact based on evidence submitted at the hearing for the following:

(1)

A showing of good and sufficient cause.

(2)

A determination that failure to grant the appeal would result in exceptional hardship as defined in article II.

(3)

A determination that the approval of the appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

(g)

Appeals for residential uses within a floodway subject to section 565-501(A), section 565-501(C)(1), or section 565-501(D) of this chapter may not be granted. If the board approves such an appeal, a permit from the Indiana Department of Natural Resources is required.

(h)

Any appeal approved in a floodway subject to section 565-501(a), section 565-501(c)(1), or section 565-501(d) will require a permit from the Indiana Department of Natural Resources. Appeals shall not be approved within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(i)

Appeals to the provisions for flood hazard reduction of article V may only be approved when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.

(j)

Appeals concerning the repair or rehabilitation of "historic structures" may be approved upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic structure" and the appeal is the minimum to preserve the historic character and design of the structure.

(k)

Appeals may be approved for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.

(l)

Upon consideration of the factors listed above and the purposes of this chapter, the board may attach such conditions to the granting of the appeal as it deems necessary to further the purposes of this chapter.

(m)

Any applicant to whom an appeal is granted shall be given written notice specifying the difference between the flood protection grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(n)

The floodplain administrator and/or designee shall maintain written records of appeal actions and report any appeals to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.

(G.O. 22, 2024, § 1)

(a)

Floodways (riverine). Located within SFHAs, established in section 565-302, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. Under the provisions of the Flood Control Act (IC 14-28-1). The purpose of the floodway designation is to guide development in areas identified as a floodway. IDNR, under the authority of the INRC, exercises primary jurisdiction in the floodway area. A permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal, and prospecting. The Consolidated City of Indianapolis and Marion County may impose terms and conditions on any floodplain development permit it issues in a floodway that are more restrictive than those imposed by IDNR regulations. The following regulations shall apply to all land within the floodway. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and in case of conflict, the more restrictive regulations shall apply.

(1)

If the site is in a regulatory floodway as established in section 565-302, the floodplain administrator and/or designee shall require the applicant to apply to IDNR for a state permit for construction in a floodway and forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided the activity does not qualify for a general license or exemption (IC 14-28-1 or 312 IAC 10). A floodplain development permit shall not be issued by the floodplain administrator and/or designee for the proposed activity until the IDNR has issued a certificate of approval of construction in a floodway or a letter stating that IDNR approval is not required, and the floodplain administrator and/or designee determines that the application complies with all other applicable requirements of this article.

(2)

No action shall be taken by the floodplain administrator and/or designee until approval has been granted by the Indiana Department of Natural Resources for construction in the floodway, or evidence provided by an applicant that the development meets specified criteria to qualify for a general license or exemption to the requirement of the Flood Control Act. The floodplain development permit shall meet the provisions contained in this article.

(3)

The floodplain development permit cannot be less restrictive than an approval issued for construction in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, a community's more restrictive regulations (if any) shall take precedence.

(4)

In floodway areas identified on the FIRM, development shall cause no increase in flood levels during the occurrence of the base flood discharge without first obtaining a conditional letter of map revision and meeting requirements of section 565-405(a). A conditional letter of map revision cannot be issued for development that would cause an increase in flood levels affecting a structure and such development should not be permitted.

(5)

In floodway areas identified by the Indiana Department of Natural Resources through detailed or approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.

(6)

For all projects involving channel modifications or fill (including levees) the Consolidated City of Indianapolis and Marion County shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR § 65.12.

(7)

Permitted uses. The following uses shall be permitted in the floodway subject to the development standards of this section.

a.

Open land uses;

b.

Land alterations and watercourse alterations;

c.

Nonbuilding structures;

d.

Accessory structures; and

e.

Improvements, additions, and restoration of damage to legally established nonconforming uses.

(8)

Development standards in the floodway.

a.

Open land use. An open land use shall be allowed without a floodplain development permit provided that the open land use does not constitute or involve any structure, obstruction, deposit, construction, excavation, or filling in a floodway in accordance with IDNR regulations. Otherwise, proposed open land uses shall require a floodplain development permit in accordance with this chapter.

b.

Land and watercourse alterations. Land alterations and watercourse alterations as defined in this article shall not result in any new or additional public or private expense for flood protection; shall assure that the flood carrying capacity is maintained and shall not increase flood elevations, velocities, or erosion upstream, downstream or across the stream from the proposed site; and shall not result in unreasonable degradation of water quality or the floodplain environment. In addition, no floodplain development permit shall be issued for land alterations or watercourse alterations in a floodway unless a certificate of approval for construction in a floodway is first issued by IDNR for the proposed activity, if required pursuant to IC 14-28-1.

c.

Prohibition of garbage, trash, and junk. No use shall involve the storage, accumulation, spreading, dismantling or processing of garbage, trash, junk, or any other similar discarded or waste material.

(b)

Fringe (riverine). The purpose of the floodway fringe is to guide development in areas subject to potential flood damage, but outside a floodway. If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural Resources through detailed or approximate studies and not identified on a FIRM), the floodplain administrator and/or designee may issue the local floodplain development permit provided the provisions contained in this article have been met. The following regulations shall apply to all land within the floodway fringe. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and in case of conflict, the more restrictive regulations shall apply.

Permitted uses. All uses permitted in the applicable primary zoning district shall be those uses permitted in the floodway fringe, unless otherwise prohibited (prohibited uses), and provided no other secondary zoning district prohibits the use.

(1)

Prohibited uses. The following critical facilities are prohibited from newly locating in the floodway fringe:

a.

Jails;

b.

Hospitals;

c.

Assisted living facilities;

d.

Nursing homes;

e.

Laboratories;

f.

Elementary, Middle or High Schools;

g.

Daycare facilities;

h.

Fire stations;

i.

Emergency operation centers;

j.

Police facilities;

k.

Truck, train, or bus terminal, storage or maintenance facility;

l.

Wrecking or salvage facility;

m.

Gas, oil or propane storage facility;

n.

Industrial laundry;

o.

Hazardous waste handling or storage facility; and

p.

Other public equipment storage facilities.

(2)

Development standards in the floodway fringe.

a.

Flood protection grade required. Except as specifically provided in this section, no building shall be erected, reconstructed, expanded, structurally altered, converted, used, relocated, restored, or improved unless the lowest floor elevation including any basement is provided and maintained at a flood protection grade of at least two (2) feet above the base flood elevation.

b.

Flood-proofing. This flood protection grade may be achieved for nonresidential structures by structural flood-proofing. The design and construction shall be certified on a flood-proofing certificate by a professional engineer or professional architect registered in the State of Indiana as being adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

c.

Open land use. All open land uses as defined in this article shall be allowed in a floodway fringe without a floodplain development permit.

d.

Land and watercourse alterations. Land alterations and watercourse alterations in a floodway fringe shall not result in any new or additional public or private expense for flood protection; shall not increase flood elevations or reduce flood carrying capacity; shall not increase velocities or erosion upstream, downstream, or across the stream from the proposed site; and shall not result in unreasonable degradation of water quality or the floodplain environment.

(3)

Draining of land; altering of watercourses; construction of ponds, lakes, levee, dams. No draining or reclamation of land; altering, widening, deepening or filling of watercourses or drainage channels or ways; construction of ponds, lakes, levees, or dams; or any other changes or improvements of watercourses or drainage channels or ways shall be undertaken in the floodway fringe unless first approved by the IDNR, if applicable, and any other local, state or federal agencies having jurisdiction over such activity.

(4)

Construction of new access roads. If the proposed activity includes the construction of a new access road between proposed buildings to be located in the floodway fringe and a public road, and the public road at the intersection with the proposed access road is at or above the base flood elevation, then the proposed access road must also be at or above the base flood elevation along the entire length between any proposed building and the public road. If there is more than one access road between the public road and any proposed building, only one must provide access at or above the base flood elevation.

(5)

Compensatory storage required.

a.

Whenever any portion of the SFHA is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by an equivalent volume of excavation taken below the base flood elevation. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of 1 to 1) due to the fill or structure.

b.

The excavation shall take place in the floodplain and on the same property that the authorized fill or structure is located.

c.

Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the base flood elevation, will be in the same property that the authorized fill or structure is located, will be accessible to the base flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled.

d.

The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water.

e.

The fill or structure shall not obstruct a drainage way leading to the floodplain.

f.

The grading around the excavation shall be such that the excavated area is accessible to the base flood water.

g.

The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.

h.

The compensatory storage area shall be outside the stream protection corridor (section 744-205).

i.

The compensatory storage requirement excludes interior drainage behind accredited floodplain protection structures.

j.

Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the floodplain administrator and/or designee a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article.

(c)

SFHAs without established base flood elevation and/or floodways/fringes (riverine).

(1)

Drainage area upstream of the site is greater than one (1) square mile: If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the floodplain administrator and/or designee shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.

No action shall be taken by the floodplain administrator and/or designee until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.

Once the floodplain administrator and/or designee has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.

(2)

Drainage area upstream of the site is less than one square mile: If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the floodplain administrator and/or designee shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site.

Upon receipt, the floodplain administrator and/or designee may issue the local floodplain development permit, provided the provisions contained in this article have been met.

(d)

SFHAs not identified on a map.

(1)

If a proposed development site is near a waterway with no SFHA identified on a map, the floodplain administrator and/or designee shall verify the drainage area upstream of the site. If the drainage area upstream of the site is verified as being greater than one square mile, the floodplain administrator and/or designee shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.

(2)

No action shall be taken by the floodplain administrator and/or designee until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.

(3)

Once the floodplain administrator and/or designee has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this article have been met.

(G.O. 22, 2024, § 1)

In all areas of special flood hazard, the following provisions are required:

(a)

All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.

(c)

New construction and substantial improvements must incorporate methods and practices that minimize flood damage.

(d)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.

(e)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(f)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(g)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(h)

Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter.

(i)

Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), that is greater than fifty (50) lots or five (5) acres, whichever is less.

(j)

Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development. The development will be designed with the lowest floor elevation including any basement provided and maintained at or above flood protection grade of at least two (2) feet above the base flood elevation.

(k)

Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes in areas of shallow flooding, designated as zone AO or Zone AH on the FIRM.

(l)

Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical.

(m)

Non-conversion agreements shall be required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters.

(n)

Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in areas of special flood hazard.

(o)

Floodplain performance surety. The following standards shall apply to all floodplain performance surety.

(1)

The surety must be either a performance bond or letter of credit on the approved department of business and neighborhood services forms.

(2)

The amount of the surety must equal one percent of the total cost of all proposed improvements but in no case be less than two thousand dollars ($2,000.00) per building on the site.

(3)

The surety must be valid, without expiration, until released by the floodplain administrator and/or designee.

(4)

To obtain the release of the floodplain performance surety, the floodplain administrator and/or designee shall determine if the required certificates are completed accurately and without errors.

(5)

The floodplain administrator may utilize the floodplain performance surety to obtain the required certificate should the applicant fail to provide one.

(p)

General regulations applicable to all special flood hazard areas. The following regulations shall apply to all land within any special flood hazard area:

(1)

From and after October 4, 1971:

a.

No land, watercourse, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this article.

b.

No land, watercourse, building, structure, premises, use or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed, relocated, altered, improved, or repaired except in conformity with these regulations and for uses permitted by the flood damage prevention ordinance.

(2)

No land alteration, watercourse alteration, open land use, legally established nonconforming use, or structure as defined in this article shall be constructed, erected, placed, converted, enlarged, extended, reconstructed, improved, repaired, restored, or relocated until a floodplain development permit is issued for the proposed activity as required by the flood damage prevention ordinance.

(q)

Fencing must be designed to minimize the obstruction of floodwaters by such measures as providing flow-through rather than solid fencing, reduction of structure cross-section are perpendicular to the flow path, and placement of nonbuilding structures away from the area of greater depth or velocities.

(G.O. 22, 2024, § 1)

In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set forth in section 565-302, the following provisions are required:

Building protection requirement. In addition to the general standards described in section 565-302, structures to be located in the SFHA shall be protected from flood damage below the FPG.

(a)

This building protection requirement applies to the following situations:

(1)

Construction or placement of a residential structure.

(2)

Construction or placement of a non-residential structure.

(3)

Addition or improvement made to an existing structure where the cost of the addition or improvement equals or exceeds fifty (50) percent of the value of the existing structure (excluding the value of the land). An addition and/or improvement project that is continuous in scope or time is considered as one project for permitting purposes.

(4)

Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds fifty (50) percent of the market value of the structure (excluding the value of the land) before damage occurred (the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost).

(5)

Calculating fifty (50) percent limit. In the special flood hazard area, the maximum amount of work allowed in or on a legally established nonconforming use before the work is not eligible for the special allowances provided for restoration of non-substantial damage, non-substantial improvements and non-substantial additions as provided herein. The proposed work shown on an application for a floodplain development permit in or on a legally established nonconforming use shall be evaluated to determine whether the fifty (50) percent limit has been exceeded by taking the ratio of the projected cost of the work divided by the market value of the structure upon which the work is to be accomplished before the start of construction of the legally established nonconforming use (excluding the value of the land or detached structures) as a percentage.

(6)

(7)

A manufactured home on a new site or a new manufactured home on an existing site.

(8)

Manufactured homes and mobile dwellings that are placed or undergo substantial improvements or substantial additions on sites outside of a mobile dwelling project, in a new mobile dwelling project or subdivision, in an expansion to an existing mobile dwelling project or subdivision, or in an existing mobile dwelling project or subdivision that a manufactured home or mobile dwelling has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home or mobile dwelling is elevated with a flood protection grade at least two (2) feet above the base flood and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(9)

Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days shall be subject to the requirements for manufactured homes and mobile dwellings. Recreational vehicles placed on sites in the floodway fringe shall not be subject to requirements for manufactured homes and mobile dwellings and shall not require a floodplain development permit if the recreational vehicle is either placed on the site for fewer than one hundred eighty (180) consecutive days or is fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(10)

Reconstruction or repairs made to a repetitive loss structure.

(11)

Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community's first floodplain ordinance.

(b)

Residential construction.

(1)

New construction or substantial improvement of any residential structures shall meet the provisions described in section 565-501 and applicable general standards described in section 565-502.

(2)

In zone A and zone AE, new construction or substantial improvement of any residential structure shall have the lowest floor, including basement, at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 565-503(b)(5). Should fill be used to elevate a structure, the standards of section 565-503(b)(6) must be met.

(3)

In zone AH, new construction or substantial improvement of any residential structure shall have the lowest floor, including basement, at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 565-503(b)(5). Should fill be used to elevate a structure, the standards of section 565-503(b)(6) must be met. Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes.

(4)

In zone AO, new construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated two (2) feet greater than the flood depth specified on the FIRM above the highest adjacent grade. If no flood depth is specified, the community shall use two (2) feet as the minimum depth. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 565-503(b)(5). Should fill be used to elevate a structure, the standards of section 565-503(b)(6) must be met. Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes.

(5)

Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:

a.

Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:

(i)

Provide a minimum of two (2) openings on different sides of an enclosure. If there are multiple enclosed areas, each is required to meet the requirements for enclosures, including the requirement for flood openings in exterior walls (having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area).

(ii)

The bottom of all openings shall be no more than one (1) foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.

(iii)

If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.

(iv)

If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG.

(v)

Doors and windows do not qualify as openings.

(vi)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(vii)

Openings are to be not less than three (3) inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.

b.

The floor of such enclosed area must be at or above grade on at least one (1) side.

(6)

A residential structure may be constructed on a fill in accordance with the following:

a.

Fill shall be placed in layers no greater than one (1) foot deep before compacting to ninety-five (95) percent of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file.

b.

Fill shall extend ten (10) feet beyond the foundation of the structure before sloping below the BFE. This is a minimum distance that may need to be increased by the designer based on-site conditions.

c.

Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical. The method must be approved by the floodplain administrator and/or designee of the department of business and neighborhood services.

d.

Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

e.

Fill shall be composed of clean granular or earthen material.

(7)

A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.

(c)

Non-residential construction.

(1)

New construction or substantial improvement of any non-residential structures (excludes accessory structures) shall meet provisions described in section 565-501 and applicable general standards described in section 565-502.

(2)

In zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) shall either have the lowest floor, including basement, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 565-503(c)(5). Should fill be used to elevate a structure, the standards of section 565-503(c)(6) must be met.

(3)

In zone AH, new construction or substantial improvement of any non-residential structure (excludes accessory structures) shall have the lowest floor, including basement, elevated at least to the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of section 565-503(c)(5). Should fill be used to elevate a structure, the standards of section 565-503(c)(6) must be met. Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes.

(4)

In zone AO, new non-residential construction or substantial improvements of any non-residential structure (excludes accessory structures) shall either:

a.

Have the lowest floor, including basement, elevated at least two (2) feet greater than the flood depth number specified on the FIRM (If no flood depth number is specified, two (2) feet shall be used as the flood depth.) above the highest adjacent grade. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards section 565-503(c)(5). Should fill be used to elevate a structure, the standards of section 565-503(c)(6) must be met. Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes; or

b.

Be floodproofed to an elevation at least two (2) feet greater than the flood depth number specified on the FIRM (If no flood depth number is specified, two (2) feet shall be used as the flood depth.) above the highest adjacent grade.

(5)

Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:

a.

Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:

Provide a minimum of two (2) openings on different sides of an enclosure. If more than one (1) enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area). Designs for meeting this requirement must meet the following minimum criteria:

(i)

A minimum of one (1) square inch of net open area for each one (1) square foot of enclosed area for non-engineered openings or a minimum of one (1) engineered inch for each one (1) square foot of enclosed area for an engineered opening.

(ii)

The bottom of all openings shall be no more than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and

(A)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without reliance on human or electrical activation.

(B)

The bottom of all openings shall be no more than one (1) foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.

(C)

If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.

(D)

If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG.

(E)

Doors and windows do not qualify as openings.

(F)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(G)

Openings are to be not less than three (3) inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.

b.

The floor of such enclosed area must be at or above grade on at least one (1) side.

(6)

A nonresidential structure may be constructed on fill in accordance with the following:

a.

Shall be placed in layers no greater than one (1) foot deep before compacting to ninety-five (95) percent of the maximum density obtainable with either the standard or modified proctor test method. The results of the test showing compliance shall be retained in the permit file;

b.

Shall extend ten (10) feet beyond the foundation of the structure before sloping below the BFE;

c.

Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical;

d.

Shall not adversely affect the flow of surface drainage from or onto neighboring properties;

e.

Shall be composed of clean granular or earthen material.

(7)

A nonresidential structure may be floodproofed in accordance with the following:

a.

A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the floodplain administrator and/or designee.

b.

Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(8)

A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction;

(9)

If the damage to a nonresidential structure is such that the nonresidential structure including the foundation is destroyed, the nonresidential structure must be rebuilt upon the same area of the original foundation and have substantially the same configuration as the destroyed structure, unless the rebuilt nonresidential structure is proposed to be placed on a site less vulnerable to flood hazards as determined by the Floodplain Administrator and/or designee;

(10)

The damage was not intentionally caused by the owner or occupant; and

(11)

The restoration of the structure is begun within one (1) year and completed within two (2) years following the date that the damage occurred.

(d)

Manufactured homes and recreational vehicles.

(1)

These requirements apply to all manufactured homes to be placed on a site in the SFHA:

a.

The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.

Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in section 565-503(b)(5).

c.

Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.

(2)

Recreational vehicles placed on a site in the SFHA shall either:

a.

Be on site for less than one hundred eighty (180) days and be fully licensed and ready for use on a public highway (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions), or

b.

Meet the requirements for "manufactured homes" as stated earlier in this section.

(e)

Accessory structures. Within SFHAs, new construction or placement of an accessory structure must meet the following standards:

(1)

Shall have a floor area of four hundred (400) square feet or less and is constructed or placed on the same lot as the existing primary residential structure and is operated and maintained under the same ownership. The structure is customarily incidental, accessory and subordinate to, and commonly associated with the operation of the primary use of the lot. The detached structure is no larger than seventy-five (75) percent of the size of the existing primary residential structure.

(2)

Use shall be limited to parking of vehicles and limited storage. The detached structure is not used for the storage of any substance or chemical that is dangerous or would become dangerous if mixed with water.

(3)

Shall not be used for human habitation.

(4)

Shall be constructed of flood resistant materials. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.

(5)

Shall be firmly anchored to prevent flotation.

(6)

Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.

(7)

Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in section 565-503(C)(3). Shall not have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.

(8)

As a condition to allowing construction of a detached residential accessory structure, the floodplain administrator and/or designee may first require the owner to record a statement, in a form approved by the floodplain administrator and/or designee, indicating that the detached residential accessory structure shall not, in the future, be used in total, or in part, as habitable space. This shall be a covenant that shall be recorded in the office of the Recorder, Marion County, Indiana, with the property deed and shall be binding on all subsequent owners.

(f)

Free-standing Pavilions, Gazebos, Decks, Carports, and Similar Development. Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and similar development must meet the following standards:

(1)

Shall have open sides (having not more than one (1) rigid wall).

(2)

Shall be anchored to prevent flotation or lateral movement.

(3)

Shall be constructed of flood resistant materials below the FPG.

(4)

Any electrical, heating, plumbing and other service facilities shall be located at/above the FPG.

(5)

Shall not have subsequent additions or improvements that would preclude the development from its continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development.

(g)

Above ground gas or liquid storage tanks. Within SFHAs, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non-residential structure as required in section 565-503(c).

(G.O. 22, 2024, § 1)

(a)

All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage.

(b)

All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(c)

All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood hazards.

(d)

In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than fifty (50) lots or five (5) acres, whichever is less.

(e)

All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.

(f)

All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).

(g)

Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.

(G.O. 22, 2024, § 1)