IC 14-28-1-22.3 : Variance for structures in floodway
Sec. 22.3. (a) This section applies to local flood plain administrators in a county having a population of more than sixty-five thousand (65,000) and less than sixty-six thousand six hundred (66,600).
(b) A local flood plain administrator may issue a variance allowing a structure located in a floodway to remain in its location without a permit issued by the director of the department under section 22 of this chapter if:
(1) the structure is an abode or residence;
(2) a permit for the construction of the abode or residence was issued by the appropriate official of the county in which the abode or residence was constructed;
(3) the permit was issued before December 19, 2018;
(4) the location of the abode or residence was not shown as being within a special flood hazard area or a Zone A in the Federal Emergency Management Agency Flood Insurance Rate Map that was available to the county official when the county official issued the permit; and
(5) the abode or residence was built in compliance with the permit.
(c) This section expires July 1, 2023.
As added by P.L.133-2022, SEC.1 and P.L.144-2022, SEC.4.