Site is in an Identified Floodway

The applicant is required to forward an application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway.

• Under the provisions of IC 14-28-1, a permit from the IDNR is required prior to the issuance of local permits or approvals for any excavation, deposit, construction, or obstruction activity located in the floodway.
  • This includes land preparation activities such as filling, grading, clearing and paving, etc., undertaken before the actual start of construction of the building.
  • It does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway.
    • IC 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources.
    • Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the Indiana Department of Natural Resources.
• No local permits or approvals can be issued until a permit has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway.

Site is in an Area Outside the Floodway and Within the Identified Fringe

The Building Commission may issue a local building permit for a site that is outside the floodway and within an identified fringe, provided other required provisions are met.

• The key provision is that the top of the lowest floor of any new or substantially improved structure is at or above the flood protection grade.

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 Building Commission requires 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 building permit can be issued by the Building Commission until either a permit for construction in the floodway or a floodplain analysis and regulatory assessment citing the 100-year flood elevation and the recommended flood protection grade have been received from the Indiana Department of Natural Resources.

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 Building Commission requires the applicant to provide an engineering analysis showing the limits of the floodway, fringe and 100-year elevation for the site.