CHAPTER 151: FLOOD HAZARD AREAS
Section
   151.001   Statutory authorization, findings of fact, purpose, and methods
   151.002   Definitions
   151.003   General provisions
   151.004   Administration
   151.005   Provisions for flood hazard reduction
   151.006   Severability
§ 151.001 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND METHODS.
   (A)   Statutory authorization. The Indiana Legislature has in I.C. 36-1-4-11 granted the power to local government units to control land use within their jurisdictions. Therefore, the Board of Commissioners of Putnam County; the Town Council of the Towns of Bainbridge, Cloverdale, Roachdale, and Russellville (hereinafter noted as Putnam County) do hereby adopt the following floodplain management regulations.
   (B)   Findings of fact.
      (1)   The flood hazard areas of Putnam County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
      (2)   Structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
   (C)   Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
      (1)   Protect human life and health.
      (2)   Minimize expenditure of public money for costly flood control projects.
      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
      (4)   Minimize prolonged business interruptions.
      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains.
      (6)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight area.
      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
      (8)   Minimize the impact of development on adjacent properties within and near flood prone areas.
      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained.
      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain.
      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible.
      (12)   Meet community participation requirements of the National Flood Insurance Program.
   (D)   Methods of reducing flood loss. In order to accomplish its purposes, these regulations include methods and provisions for:
      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities.
      (2)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction.
      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage.
      (5)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.
(Ord. 2022-11-7, passed 10-12-2022)
§ 151.002 DEFINITIONS.
   Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them meaning they have in common usage and to give these regulations the most reasonable application.
   ACCESSORY STRUCTURE. A structure with a floor area of 400 square feet or less that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory structure specifically excludes structures used for human habitation.
      (1)   Accessory structures are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof.
      (2)   Examples of accessory structures include, but are not limited to, two-car detached garages (or smaller), carports, storage and tool sheds, and small boathouses.
      (3)   The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be accessory structures by the NFIP:
         (a)   Structures in which any portion is used for human habitation, whether as a permanent residence or as temporary or seasonal quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence.
         (b)   Structures used by the public, such as a place of employment or entertainment.
         (c)   Development that does not meet the NIFP definition of a structure for floodplain management purposes. Examples include, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is open on all sides (roofed but not walled).
   ADDITION (to an existing structure). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
   ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification which may alter, impede, retard, or change the direction and/or velocity of the flow of water during conditions of the base flood.
   APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter, a request for a variance, or a challenge of a Board decision.
   AREA OF SPECIAL FLOOD HAZARD. The land within a community subject to 1% or greater chance of being flooded in any given year.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% annual chance flood or 100-year flood.
   BASE FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the North American Vertical Datum (NAVD) of 1988.
   BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.
   BEST AVAILABLE FLOOD LAYER (BAFL). Floodplain studies and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources (INDNR) which provide base flood elevation information, floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.
   BUILDING. See STRUCTURE.
   COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.
   CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
   DEVELOPMENT.
      (1)   Means, for floodplain management purposes, any man-made change to improved or unimproved real estates including but not limited to:
         (a)   Construction, reconstruction, or placement of a structure or any addition to a structure.
         (b)   Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days.
         (c)   Installing utilities, erection of walls and fences, construction of roads, or similar projects.
         (d)   Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.
         (e)   Mining, dredging, filling, grading, excavation, or drilling operations.
         (f)   Construction and/or reconstruction of boat lifts, docks, piers, and seawalls.
         (g)   Construction and/or reconstruction of bridges or culverts.
         (h)   Storage of materials.
         (i)   Any other activity that might change the direction, height, or velocity of flood or surface waters.
      (2)   DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.
   ELEVATION CERTIFICATE. A FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information.
   ENCLOSED AREA (ENCLOSURE). An area of a structure enclosed by walls on all sides.
   ENCLOSURE BELOW THE LOWEST FLOOR. See LOWEST FLOOR and ENCLOSED AREA.
   EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
   FEMA. The Federal Emergency Management Agency.
   FILL. For floodplain management purposes, means any material deposited or placed which has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone.
   FLOOD or FLOODING. 
      (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:
         (a)   The overflow of inland or tidal waters.
         (b)   The unusual and rapid accumulation of runoff of surface waters from any source.
         (c)   Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
      (2)   FLOOD OR FLOODING also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above.
   FLOOD HAZARD AREA. Areas subject to the 1% annual chance flood. (See SPECIAL FLOOD HAZARD AREA).
   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
   FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.
   FLOOD PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOODPLAIN).
   FLOOD PROTECTION GRADE (FPG). The BFE plus two feet at any given location the SFHA (See FREEBOARD).
   FLOODPLAIN or FLOOD PRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOOD).
   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
   FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
   FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG.
   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height.
   FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
   FRINGE or FLOOD FRINGE. The portion of the floodplain lying outside the floodway.
   FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
   HARDSHIP. (As related to variances of this chapter.) The exceptional hardship that would result from a failure to grant the requested variance. The Putnam County Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
   HISTORIC STRUCTURE. Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
      (2)   Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district.
      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified by: (a) an approved state program as determined by the Secretary of Interior; or (b) directly by the Secretary of Interior in states without approval programs.
      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by: (a) an approved state program as determined by the Secretary of Interior; or (b) directly by the Secretary of Interior in states without approved programs.
   HYDROLOGIC and HYDRAULIC ENGINEERING ANALYSIS. Analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.
   INTERNATIONAL CODE COUNCIL - EVALUATION SERVICE (ICC-ES) REPORT. A document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed.
   LETTER OF FINAL DETERMINATION (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.
   LETTER OF MAP CHANGE (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:
      (1)   CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comment on a proposed project that would, upon construction, result in modification of the SFHA through the placement of fill outside the existing regulatory floodway.
      (2)   CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F). A letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood.
      (3)   LETTER OF MAP AMENDMENT (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a building or of land is not located in a SFHA through the submittal of property specific elevation data. A LOMA in only issued by FEMA.
      (4)   LETTER OF MAP AMENDMENT OUT AS SHOWN (LOMA-OAS). An official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations.
      (5)   LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
      (6)   LETTER OF MAP REVISION BASED ON FILL (LOMR-F). FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existing regulatory floodway.
   LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
   LOWEST FLOOR. For floodplain management purposes, the lowest elevation described among the following:
      (1)   The lowest floor of a building.
      (2)   The basement floor.
      (3)   The garage if the garage is connected to the building.
      (4)   The first floor of a structure elevated on pilings or pillars.
      (5)   The floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirements must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:
         (a)   The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters.
         (b)   At least two openings are designed and maintained for the entry and exit of floodwater; and these openings provide a total net area of at least one square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and windows do not qualify as openings.
      (6)   The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
   MANUFACTURED HOME PARK or SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots of rent or sale.
   MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
   NATURAL GRADE. For floodplain management purposes means the elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.
   NEW CONSTRUCTION. For floodplain management purposes, means any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
   NEW MANUFACTURED HOME PARK or SUBDIVISION. Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.
   NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). As adopted in 1993, is a vertical control datum used as a reference for establishing varying elevations within the floodplain.
   OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
   ONE-PERCENT ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. See REGULATORY FLOOD.
   PHYSICAL MAP REVISION (PMR). An official republication of a community's FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
   PREFABRICATED BUILDING. A building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on-site to form the complete building.
   PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure, less land value, is above ground.
   RECREATIONAL VEHICLE. A vehicle which is:
      (1)   Built on a single chassis.
      (2)   400 square feet or less when measured at the largest horizontal projections.
      (3)   Designed to be self-propelled or permanently towable by a light duty truck.
      (4)   Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.
   REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources (INDNR) and the Federal Emergency Management Agency (FEMA). The regulatory flood elevation at any location is as defined in § 151.003(B). The REGULATORY FLOOD is also known by the term BASE FLOOD, ONE-PERCENT ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repair at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred.
   RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
   SOLID WASTE DISPOSAL FACILITY. Any facility involved in the storage or disposal of non- liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.
   SPECIAL FLOOD HAZARD AREA (SFHA). Synonymous, means AREAS OF SPECIAL FLOOD HAZARD and floodplain, means those lands within jurisdiction of Putnam County subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies as Zones A, AE. The SFHA includes areas that are flood prone and designated from other federal, state or local sources of data including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
   START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
   STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, which is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than 180 consecutive days.
   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the START OF CONSTRUCTION of the improvement. This term includes structures that have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not include improvements of structure to correct existing violations of state or local health, sanitary, or safety code requirements.
   VARIANCE. Grant of relief from the requirements of this chapter consistent with the variance conditions herein.
   VIOLATION. The failure of a structure or other development to be fully compliant with this chapter.
   WALLED AND ROOFED. A building that has two or more exterior rigid walls and a fully secured roof and is affixed to a permanent site.
   WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Ord. 2022-11-7, passed 10-12-2022)
§ 151.003 GENERAL PROVISIONS.
   (A)   Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of Putnam County, Indiana as identified in division (B) of this section, including any additional areas of special flood hazard annexed by Putnam County, Indiana.
   (B)   Basis for establishing the areas of special flood hazard.
      (1)   The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of Putnam County, delineated as an "AE Zone" on the Putnam County, Indiana and Incorporated Areas Flood Insurance Rate Map dated June 5, 2012 shall be determined from the one-percent annual chance flood profiles in the Flood Insurance Study of Putnam County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated June 5, 2012 as
well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency (FEMA) with the most recent date. Should the floodway limits not be delineated on the FIRM for a studied SFHA designated as an "AE Zone", the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources (INDNR).
      (2)   The regulatory flood elevation, floodway, and fringe limits for each SFHAs within the jurisdiction of Putnam County, delineated as an "A Zone" on the Putnam County, Indiana and Incorporated Areas FIRM, dated June 5, 2012, as well as any subsequent updates, amendments, or revisions, prepared by the FEMA with the most recent date, shall be according to the best available flood layer provided by INDNR, provided the upstream drainage area from the subject site is greater than one-square mile. Whenever a party disagrees with the best available flood data layer, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to INDNR for review and subsequently approved.
      (3)   In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available flood layer as provided by INDNR, provided the upstream drainage area from the subject site is greater than one square mile.
      (4)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
   (C)   Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.
   (D)   Compliance.
      (1)   No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations.
      (2)   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the most conservative (highest) base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
      (3)   No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.
   (E)   Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
   (F)   Discrepancy between mapped floodplain and actual ground elevations.
      (1)   In cases where there is a discrepancy between the mapped floodplain (SFHA) with base flood elevations provided (riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation provided on the profiles or table of still water elevations shall govern.
      (2)   If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
      (3)   If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated.
   (G)   Interpretation. In the interpretation of application of this chapter all provisions shall be:
      (1)   Considered as minimum requirements;
      (2)   Liberally construed in favor of the governing body; and
      (3)   Deemed neither to limit not repeal any other powers granted under state statutes.
   (H)   Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of Putnam County, INDNR, or the State of Indiana, for any flood damage that results from reliance on this chapter, or any administrative decision made lawfully thereunder.
   (I)   Penalties for violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for Putnam County. All violations shall be punishable by a fine not exceeding $2,500.
      (1)   A separate offense shall be deemed to occur for each day the violation continues to exist.
      (2)   The Putnam County Floodplain Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
      (3)   Nothing herein shall prevent Putnam County from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2022-11-7, passed 10-12-2022)
§ 151.004 ADMINISTRATION.
   (A)   Designation of Administrator. The Board of Commissioners of Putnam County hereby appoints the Planning Director to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.
   (B)   Floodplain development permit and certification requirements. An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, therein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
      (1)   Application stage.
         (a)   A description of the proposed development.
         (b)   Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams.
         (c)   A legal description of the property site.
         (d)   For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure.
         (e)   A site development plan showing existing and proposed development locations and existing and proposed land grades.
         (f)   A letter from a licensed professional surveyor or engineer noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met.
         (g)   Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with restroom, kitchen or other facilities requiring disposal of wastewater.
         (h)   Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed structures in Zones A, AE. Elevation should be in NAVD88.
         (i)   Plans showing elevation (in NAVD88) to which any non-residential structure will be floodproofed.
         (j)   Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade.
         (k)   Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant.
         (l)   Plans showing how any proposed structure will be anchored to resist flotation or collapse.
         (m)   Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD88.
         (n)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes submitted to INDNR for approval. Once INDNR approval is obtained, a FEMA Conditional Letter of Map Revision must be obtained prior to construction. (See divisions (C)(8) and (E) of this section).
         (o)   Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
      (2)   Construction stage. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building under construction. The Floodplain Administrator shall review the elevation certificate. Any deficiencies detected during the review shall be corrected by the applicant before work is allowed to continue. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
      (3)   Finished construction.
         (a)   Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the "as-built" lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall be prepared by or under the direct supervision of a registered land surveyor and certified by the same.
         (b)   Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction.
         (c)   Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall be prepared by or under the direct supervision of a registered professional engineer or architect and certified by the same.
   (C)   Duties and responsibilities of the Floodplain Administrator. 
      (1)   The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
      (2)   Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
         (a)   Enforce the provisions of this chapter.
         (b)   Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied.
         (c)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
         (d)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance.
         (e)   Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit.
         (f)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
         (g)   For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator shall:
            1.   Verify and document the market value of the pre-damaged or pre-improved structure.
            2.   Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policy holders within the community.
            3.   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement" for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage.
            4.   Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in § 151.005 are required.
         (h)   Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA.
         (i)   Ensure that construction authorization has been granted by INDNR for all development projects subject to § 151.005 (A)(1), (A)(3)(a) and (A)(4). Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).
         (j)   Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if division(C)(9) of this section is applicable.
         (k)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
         (l)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (B) of this section.
         (m)   Verify and record actual elevation to which any new or substantially improved structures have been floodproofed in accordance with division (B) of this section.
         (n)   Make on-site inspections of projects in accordance with division (D) of this section.
         (o)   Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds.
         (p)   Ensure that an approved connection to a public sewer system or an approved onsite septic system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.
         (q)   Provide information, testimony, or other evidence as needed during variance hearings.
         (r)   Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with division (D) of this section.
         (s)   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of INDNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this chapter in accordance with division (D) of this section.
         (t)   Coordinate map maintenance activities and associated FEMA follow-up in accordance with division (E) of this section.
         (u)   Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.
         (v)   Request any additional information which may be necessary to determine the disposition of proposed development or structure with respect to the requirements of this chapter.
   (D)   Administrative procedures.
      (1)   Inspections of work in progress. As the work pursuant to a permit progress, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the Administrator has a right, upon presentation of proper credential, to enter on any premises with the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
      (2)   Stop work orders.
         (a)   Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease.
         (b)   Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
      (3)   Revocation of permits.
         (a)   The Floodplain Administrator may revoke a permit or approval, issued under the provisions of this chapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
         (b)   The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
      (4)   Floodplain management records.
         (a)   Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this chapter shall be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, Flood Insurance Rate Maps, Letters of Map Change, records of issuance of permits and denial of permits, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage, required design certifications and documentation of elevations required by this chapter, notifications to adjacent communities, FEMA, and the state related to alterations of watercourses, assurances that the flood carrying capacity of altered watercourses will be maintained, documentation related to appeals and variances, including justification for issuance or denial, and records of enforcement actions taken pursuant to this chapter.
         (b)   These records shall be available for public inspection at the Putnam County Building and Planning Department at 1 West Washington Street 4th Floor, Room 46, Greencastle, Indiana 46135.
      (5)   Periodic inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purpose of inspection or other enforcement action.
   (E)   Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Putnam County flood maps, studies and other data identified in § 151.003(B) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
      (1)   Requirement to submit new technical data.
         (a)   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               1.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.
               2.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.
               3.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts, and subdivision or large-scale development proposals requiring the establishment of base flood elevations.
         (b)   It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map Revision or Letter of Map Revision and submitted to FEMA. The INDNR will review the submittals as part of a partnership with FEMA. The INDNR will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the INDNR at the address provided on the FEMA from (MT-2) or submitted through the online Letter of Map Change website. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
         (c)   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.
         (d)   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this section.
      (2)   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Putnam County Commissioners and may be submitted to FEMA at any time.
      (3)   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Putnam County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Putnam County, Indiana and Incorporated Areas Flood Insurance Rate Map accurately represent the Putnam County boundaries, include within such notification a copy of a map of Putnam County suitable for reproduction, clearly showing the new corporate limits or the new area for which Putnam County has assumed or relinquished floodplain management regulatory authority.
   (F)   Variance procedures.
      (1)   The Board of Zoning Appeals (the Board) as established by the Putnam County Commissioners shall hear and decide appeals and requests for variances from requirements of this chapter.
      (2)   The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Board may appeal such decision to the Putnam County Circuit Court.
      (3)   In considering upon such applications, the Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
         (a)   The danger of life and property due to flooding or erosion damage.
         (b)   The danger that materials may be swept onto other lands to the injury of others.
         (c)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
         (d)   The importance of the services provided by the proposed facility to the community.
         (e)   The necessity to the facility of a waterfront location, where applicable.
         (f)   The compatibility of the proposed use with existing and anticipated development.
         (g)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
         (h)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         (i)   The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters at the site.
         (j)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
      (4)   A written report addressing each of the above factors shall be submitted with the application for a variance.
      (5)   Variances from the provisions of this chapter shall only be granted when the Board can make positive findings of fact based on evidence submitted at the hearing for the following:
         (a)   A showing of good and sufficient cause.
         (b)   A determination that failure to grant the variance would result in exceptional hardship as defined in § 151.002.
         (c)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
      (6)   No variance for a residential use within a floodway subject to § 151.005 (A)(1), (A)(3)(a) or (A)(4) will be granted.
      (7)   Any variance granted in a floodway subject to § 151.005 (A)(1), (A)(3)(a), or (A)(4) will require a permit from INDNR. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
      (8)   Variances to the provisions of flood hazard reduction of § 151.005 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
      (9)   Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure.
      (10)   Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
      (11)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (12)   Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
      (13)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the flood protection grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      (14)   The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the FEMA or INDNR upon request.
(Ord. 2022-11-7, passed 10-12-2022)
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