January 8, 2003, read first time and referred to Committee on Environmental Affairs.
February 6, 2003, amended, reported _ Do Pass.
February 10, 2003, read second time, ordered engrossed. Engrossed.
February 11, 2003, read third time, passed. Yeas 94, nays 4.
SENATE ACTION
February 24, 2003, read first time and referred to Committee on Insurance and Financial
Institutions.
April 3, 2003, reported favorably _ Do Pass.
April 4, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1222
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 14-28-1-26.5; (03)EH1222.1.1. -->
SECTION 1. IC 14-28-1-26.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 26.5. (a) This section
applies to the following activities:
(1) The placement or replacement of a mobile home within a
boundary river floodway.
(2) The repair of a residence that:
(A) is located in a boundary river floodway; and
(B) has been damaged by floodwaters or another means;
except for the reconstruction of a residence to which section 25 of
this chapter applies.
(3) The construction of an:
(A) addition to; or
(B) improvement of;
a residential structure within a boundary river floodway.
(4) The construction of a new residence within a boundary
river floodway.
(b) The federal regulations that:
(1) were adopted by the director of the Federal Emergency
Management Agency to implement the National Flood Insurance
Act (42 U.S.C. 4001 et seq.);
(2) are published in 44 CFR Parts 59 through 60; and
(3) are in effect on January 1, 1997;
are adopted as the criteria for determining whether an activity referred
to in subsection (a) is allowed in Indiana.
However, the lowest floor
of a new residence constructed within a boundary river floodway
referred to in subsection (a)(4) must be at least two (2) feet above
the one hundred (100) year frequency flood elevation.
(c) A person who wishes to perform an activity referred to in
subsection (a) is authorized to perform the activity if:
(1) the federal regulations described in subsection (b) as the
governing criteria allow the activity; and
(2) the person obtains a permit for the activity under this section.
(d) To obtain a permit for an activity referred to in subsection (a),
a person must:
(1) file with the director a verified written application for a permit
on a form provided by the department; and
(2) pay to the department a nonrefundable fee of ten dollars ($10).
(e) An application filed under this section must:
(1) set forth the material facts concerning the proposed activity;
and
(2) in the case of an activity described in subsection (a)(1),
or
(a)(3),
or (a)(4), include plans and specifications for the
construction, reconstruction, or repair.
(f) If an application submitted under this section meets the
requirements set forth in subsections (d) and (e), the director may not
reject the application unless the regulations adopted as the governing
criteria under subsection (b) do not allow the activity.
(g) If the federal regulations adopted as the governing criteria under
subsection (b) authorize a type of activity only when certain conditions
are met, a permit that the director issues for that type of activity may
require the applicant, in carrying out the activity, to meet the same
conditions.
(h) If:
(1) there is a dispute under this section about the elevation of a
site; and
(2) the elevation of the site has been determined by a registered
land surveyor;
the elevation determined by the registered land surveyor must be used
as the accepted elevation.