§ 21.14. Standards for Identified Floodways

(a)

Located within SFHAs established in Section 21.08, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, and potential projectiles and also create erosion potential. If the proposed site is in an identified floodway, the enforcement official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the IDNR and apply for a permit for construction in a floodway. Under the provisions of IC 14-28-1, a permit for construction in a floodway from the IDNR 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, 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. (IC 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 a floodway from the IDNR. Non-substantial additions/improvements shall be based upon IDNR floodplain management rules and are generally defined as improvements/additions that are less than 50 percent of the market value of the building. 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 IDNR.)

(b)

No action shall be taken by the enforcement official until a permit (when applicable) has been issued by the IDNR granting approval for construction in a floodway. Once a permit for construction in a floodway has been issued by the IDNR, the enforcement official may issue the local floodplain development permit, provided the provisions contained in Section 21.10 through 21.16 have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the IDNR. 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.

(d)

For all projects involving channel modifications or fill (including levees) the county or city shall submit the data and request that the FEMA revise the regulatory flood data.