(A) Located within SFHAs, established in § 192.007 of this chapter, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles and has erosion potential. 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 state’s Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. 14-28-1, a permit for construction in a floodway from the state’s 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. This includes land preparation activities such as filling, grading, clearing and paving and the like undertaken before the actual start of construction of the structure. However, it does exclude non- substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (I.C. 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 state’s 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 state’s Department of Natural Resources.)
(B) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the state’s Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway has been issued by the state’s Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit; provided, the provisions contained in this subchapter have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the state’s Department of Natural Resources. However, a community’s more restrictive regulations (if any) shall take precedence.
(C) No development shall be allowed which 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 town shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.
(Ord. 2011-09, passed 12-5-2011)