Sec. 5. A county or municipality may not issue a permit for a structure, an obstruction, a deposit, or an excavation within a flood hazard area or part of a flood hazard area that lies within a floodway without the prior written approval of the commission as provided in IC 14-28-1.
Ind. Code § 14-28-3-5
Commission approval required for certain permits within flood hazard areas
Applied in 2 court decisions — leading case Irving Materials, Inc. v. Board of Commissioners of Johnson County (1997)
Most recently applied in Stillwater of Crown Point Homeowner's Ass'n v. Kovich (October 2011)
As added by P.L.1-1995, SEC.21.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.