(A) Permits for construction in a floodway. The 1945 Flood Control Act (I.C. 13-2-22 (I.C. 13-2-22 has been repealed)) of the state prohibits the construction of abodes or residences in or on a floodway. Prior approval of the Department of Natural Resources is required for any type of construction, excavation or filling in or on a floodway.
(B) Wetlands.
(1) Landowners and/or developers must notify and make applications to all appropriate state and federal agencies with authority for wetland protection. In cases where federal or state jurisdictional wetlands have been determined to exist, those wetland areas and boundaries must be indicated on preliminary and final drainage plans.
(2) The Board will not make determinations of the accuracy of delineation or extent of jurisdictional wetlands. Approvals required by this chapter may be deferred until wetland related approvals have been obtained.
(Ord. 2005-OR-06, passed 4-4-2005; Ord. 2024-OR-08, passed 7-22-2024) Penalty, see §
155.99