312 IAC 10-1-2 - Scope
Authority: IC 14-28-1-5; IC 14-28-3-2
Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1; IC 14-28-3
Sec. 2.
(a) This
article establishes minimum standards for the delineation and regulation of
flood plains to decrease existing flood damages, mitigate future flood damages,
and promote the health, safety, and welfare of the people of Indiana.
(b) The article is written with an
understanding of the legislative declaration that the loss of lives and
property caused by floods and the damage resulting from floods is a matter of
deep concern to Indiana affecting the life, health, and convenience of the
people and the protection of property. Floodways should not be inhabited and
should be kept free and clear of interference or obstructions that will cause
any undue restriction of the capacity of the floodways. The water resources of
Indiana that have been diminished should be accumulated, preserved, and
protected to prevent any loss or waste beyond reasonable and necessary
use.
(c) Except as provided in
subsection (b), the flood plains subject to regulation are those along
waterways having a drainage area of at least one (1) square mile.
(d) The exemption in subsection (c) does not
apply to an activity that is subject to IC 14-27-7.5.
(e) A local ordinance incorporating flood
plain management provisions adopted after July 1, 1974, and before January 1,
2000, must be no less effective than
310 IAC 6-1, before its repeal,
and must be approved by the division before its effective date.
(f) A local ordinance incorporating flood
plain management provisions adopted after December 31, 2001, must be no less
effective than this article and must be approved by the division before its
effective date.
Notes
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