February 12, 2008
SENATE BILL No. 104
DIGEST OF SB 104
(Updated February 11, 2008 2:23 pm - DI 84)
Citations Affected: IC 14-28.
Synopsis: Reconstruction in floodway. Requires certain information
be given to the department of natural resources before a person may
reconstruct an abode or a residence that is located in a floodway and is
substantially damaged. (Current law requires the substantial damage to
be by means other than floodwater.) Requires the lowest level of the
abode or residence to be at least two feet above the one hundred (100)
year flood elevation. (Current law requires the elevation to be at or
above the one hundred (100) year flood elevation.) Removes the state
board of finance from the administration and approval procedures
concerning the flood control revolving fund.
Effective: Upon passage.
(HOUSE SPONSORS _ BISCHOFF, LEHE)
January 8, 2008, read first time and referred to Committee on Rules and Legislative
January 16, 2008, amended; reassigned to Committee on Utilities and Regulatory Affairs.
January 24, 2008, reported favorably _ Do Pass.
January 28, 2008, read second time, ordered engrossed. Engrossed.
January 29, 2008, read third time, passed. Yeas 48, nays 0.
February 4, 2008, read first time and referred to Committee on Natural Resources.
February 7, 2008, amended, reported _ Do Pass.
February 11, 2008, read second time, amended, ordered engrossed.
February 12, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 104
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-28-1-24; (08)ES0104.2.1. -->
SECTION 1. IC 14-28-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) This section
does not apply to the reconstruction of a residence located in a
boundary river floodway.
(b) A person may not begin the reconstruction of an abode or a
(1) is located in a floodway and (2) is substantially
damaged (as defined in 44 CFR 59.1, as in effect on January 1, 1993)
by a means other than floodwater; unless the person has:
(1) obtained a permit under this section or section 26.5 of this
(2) demonstrated to the department through the submission
of material facts, plans, and specifications that the material
used to elevate the reconstructed abode or residence:
(A) does not extend beyond the original foundation of the
abode or residence; and
(B) meets the criteria set forth in subsection (d)(2) through
(c) A person who desires to reconstruct an abode or a residence
described in subsection (b) that does not meet the requirements
under subsection (b)(2) must file with the director a verified written
application for a permit accompanied by a nonrefundable fee of fifty
dollars ($50). An application submitted under this section must do the
(1) Set forth the material facts concerning the proposed
(2) Include the plans and specifications for the reconstruction.
(d) The director may issue a permit to an applicant under this
section only if the applicant has clearly proven all of the following:
(1) The abode or residence will be reconstructed:
(A) in the area of the original foundation and in substantially
the same configuration as the former abode or residence; or
(B) in a location that is, as determined by the director, safer
than the location of the original foundation.
(2) The lowest floor elevation of the abode or residence as
reconstructed, including the basement, will be at
or least two (2)
feet above the one hundred (100) year flood elevation.
(3) The abode or residence will be designed or modified and
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
(4) The abode or residence will be reconstructed with materials
resistant to flood damage.
(5) The abode or residence will be reconstructed by methods and
practices that minimize flood damages.
(6) The abode or residence will be reconstructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and located to
prevent water from entering or accumulating within the
components during conditions of flooding.
(7) The abode or residence, as reconstructed, will comply with the
minimum requirements for floodplain management set forth in 44
CFR Part 60, as in effect on January 1, 1993.
(e) When granting a permit under this section, the director may
establish and incorporate into the permit certain conditions and
restrictions that the director considers necessary for the purposes of this
(f) A permit issued by the director under this section is void if the
reconstruction authorized by the permit is not commenced within two
(2) years after the permit is issued.
(g) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-30-1 or IC 36-7-6 (before its repeal);
that is affected by the permit.
(h) The person to whom a permit is issued under this section shall
post and maintain the permit at the site of the reconstruction authorized
by the permit.
(i) A person who knowingly:
(1) begins the reconstruction of an abode or a residence in
violation of subsection (b);
(2) violates a condition or restriction of a permit issued under this
(3) fails to post and maintain a permit at a reconstruction site in
violation of subsection (h);
commits a Class B infraction. Each day that the person is in violation
of subsection (b), the permit, or subsection (h) constitutes a separate
SOURCE: IC 14-28-1-25; (08)ES0104.2.2. -->
SECTION 2. IC 14-28-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) A person
who desires to reconstruct an abode or a residence that:
(1) is located in a floodway; and
(2) is not substantially damaged (as defined in 44 CFR 59.1, as in
effect on January 1, 1997);
by a means other than floodwater;
is not required to obtain a permit from the department for the
reconstruction of the abode or residence if the reconstruction will meet
the requirements set forth in 44 CFR Part 60, as in effect on January 1,
(b) A person who knowingly reconstructs an abode or a residence
described in subsection (a) in a way that does not comply with the
requirements referred to in subsection (a) commits a Class B infraction.
SOURCE: IC 14-28-5-6; (08)ES0104.2.3. -->
SECTION 3. IC 14-28-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. The
administrative control of the fund and the responsibility for the
administration of this chapter are vested
jointly in the state board of
finance and in
the commission. The commission may do the following:
Subject to the approval of the state board of finance,
rules under IC 4-22-2 that are considered necessary by
board of finance and
the commission for the proper administration
of the fund and this chapter.
(2) Subject to the approval of the budget committee, employ the
personnel that are necessary for the efficient administration of this
SOURCE: IC 14-28-5-7; (08)ES0104.2.4. -->
SECTION 4. IC 14-28-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The
subject to the final approval of the state board of
finance, order the auditor of state to make an approved loan from the
fund to a local unit. The money loaned is to be used by the local unit
for the purpose of instituting, accomplishing, and administering an
approved flood control program.
(b) The total amount outstanding under loans made under:
(1) this chapter; and
(2) IC 13-2-23 (before its repeal);
to one (1) local unit may not exceed three hundred thousand dollars
SOURCE: IC 14-28-5-8; (08)ES0104.2.5. -->
SECTION 5. IC 14-28-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. A local unit may
institute, accomplish, and administer a flood control program if the
following conditions are met:
(1) The program is authorized and approved by ordinance or
resolution enacted by the governing board of the local unit.
(2) The flood control program has been approved by
board of finance and the commission.
SOURCE: IC 14-28-5-9; (08)ES0104.2.6. -->
SECTION 6. IC 14-28-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. The
of finance and the
commission shall authorize the making of a loan to
a local unit under this chapter only when the following conditions exist:
(1) An application for the loan has been submitted by the local
unit in a verified petition to
the state board of finance and
commission in the manner and form that
the state board of finance
The application must state the
(A) The need for the flood control program and the need for
money for instituting, accomplishing, and administering the
(B) A detailed description of the program.
(C) An engineering estimate of the cost of the proposed
program acceptable to
the state board of finance and
(D) The amount of money considered to be needed.
(E) Other information that is requested by
the state board of
(2) There is a need, as determined by
the state board of finance
the commission, for the proposed flood control program for
the purpose of protecting the health, safety, and general welfare
of the inhabitants of the local unit.
(3) The proposed flood control program has been approved by
state board of finance and the commission, if before granting the
approval, the state board of finance and the commission
determine determines the following:
(A) That the program:
(i) is based upon sound engineering principles;
(ii) is in the interest of flood control; and
(iii) will accomplish the objectives of flood control.
(B) That for flood control programs involving the
reconstruction or repair of existing flood control works that:
(i) in the judgment of
the state board of finance and the
commission, constitute constitutes an unreasonable
obstruction or impediment to the proper discharge of flood
(ii) by virtue of their nature, location, or design, are subject
to frequent damage or destruction;
approval is limited to the work that is necessary to afford
emergency protection against actual or threatened damage to
life and property.
(4) The local unit agrees and furnishes assurance, satisfactory to
the state board of finance and the commission, that the local unit
will operate and maintain the flood control program, after
completion, in a satisfactory manner.
SOURCE: IC 14-28-5-10; (08)ES0104.2.7. -->
SECTION 7. IC 14-28-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) The local
(1) do work; and
(2) provide labor, equipment, and materials from any source at the
local unit's disposal;
for the flood control program.
state board of finance and the
commission may do the
(1) Evaluate the participation of the local unit in the
accomplishment of the project.
(2) Compute the participation as a part or all of the share of cost
that the local unit is required to pay toward the total cost of the
project for which the loan from the fund is obtained.
(c) Participation authorized under this section must be under the
direction of the governing board.
(d) If cash amounts are included in the local unit's share of total
cost, the amounts shall be provided in the usual and accepted manner
for the financing of the affairs of the local unit.
(e) Costs of engineering and legal services to the borrower may be
regarded as a part of the total cost of the project.
SOURCE: IC 14-28-5-11; (08)ES0104.2.8. -->
SECTION 8. IC 14-28-5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
board of finance and the commission shall determine and ascribe to
each applicant for a loan a priority rating. The rating must be based
primarily on the need of the local unit for the proposed flood control
program as the need is related to the needs of other applicants for loans.
Except as provided in subsection (b):
(1) the local units having the highest priority rating shall be given
first consideration in making loans under this chapter; and
(2) loans shall be made in descending order as shown by the
(b) If an emergency demands immediate relief from actual or
threatened flood damage, the application made by a local unit for a loan
may be considered regardless of a previous priority rating ascribed to
SOURCE: IC 14-28-5-14; (08)ES0104.2.9. -->
SECTION 9. IC 14-28-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. If a local unit
fails to make a payment to the fund or any other payment required by
this chapter or under IC 13-2-23 (before its repeal) or is in any way
indebted to the fund for an amount incurred or accrued, the state may
recover the amount through any of the following:
(1) The state may, through the attorney general and on behalf of
the state board of finance and
the commission, file a suit in the
circuit or a superior court with jurisdiction in the county in which
the local unit is located to recover the amount that the local unit
owes the fund.
(2) The auditor of state may, after a sixty (60) day written notice
to the local unit, withhold the payment and distribution of state
money that the defaulting local unit is entitled to receive under
(3) For a special taxing district, upon certification by the auditor
of state after a sixty (60) day written notice to the special taxing
district, the auditor of each county containing land within the
special taxing district shall withhold collected tax money for the
special taxing district and remit the withheld tax money to the
auditor of state. The auditor of state shall make a payment to the
fund in the name of the special taxing district. Upon elimination
of the delinquency payment, the auditor of state shall certify the
fact to the auditors of the counties involved and any additional
withheld tax money shall be released to the special taxing district.
SOURCE: ; (08)ES0104.2.10. -->
SECTION 10. An emergency is declared for this act.