(A) Located within SFHAs, established in § 152.17, are areas designated as floodways. A floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris and potential projectiles, and have erosion potential.
(1) If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources, and to apply for a permit for construction in a floodway.
(2) Under the provisions of I.C. 14-28-1, a permit from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway.
(a) This includes land preparation activities, such as filling, grading, clearing, paving and the like, undertaken before the actual start of construction of the structure.
(b) However, it does exclude non-substantial additions and/or improvements to existing, lawful residences in a non-boundary river floodway.
1. I.C. 14-28-1-26 allows construction of non-substantial additions and/or improvements to residences in a non-boundary river floodway without obtaining a permit from the Indiana Department of Natural Resources.
2. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources.)
(B) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway.
(1) Once a permit has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in this subchapter have been met.
(2) The floodplain development permit cannot be less restrictive than the permit issued by the Indiana Department of Natural Resources.
(3) However, the county's more restrictive regulations (if any) shall take precedence.
(C) No development shall be allowed that, acting alone or in combination with existing or future development, will increase the regulatory flood more than 0.14 of one foot.
(D) For all projects involving channel modifications or fill (including levees), the county shall submit the data and request that FEMA revise the regulatory flood data.
(BC Ord. 2005-8, passed 5-3-05) Penalty, see § 152.99