summary
Introduced
01/10/2023
01/10/2023
In Committee
03/23/2023
03/23/2023
Crossed Over
02/01/2023
02/01/2023
Passed
04/18/2023
04/18/2023
Dead
Signed/Enacted/Adopted
05/04/2023
05/04/2023
Introduced Session
2023 Regular Session
Bill Summary
Floodplain mapping. Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact.
AI Summary
This bill makes several changes to floodplain mapping and permitting requirements in Indiana. It repeals the requirement for local floodplain administrators to use the "best floodplain mapping data" provided by the Department of Natural Resources, and instead allows permit applicants to choose whether the administrator uses the department's data or an engineering study provided by the applicant. After June 30, 2025, individuals must complete a certified floodplain manager program or other approved training to serve as a local floodplain administrator. The bill also requires the department to review its floodplain mapping data upon request at no cost, using detailed hydrologic modeling. If the department does not complete the review within 120 days, the applicant can choose which data to use. Finally, the bill requires homeowners to disclose if their property is located within a floodplain when selling their home.
Committee Categories
Agriculture and Natural Resources
Sponsors (11)
Chris Garten (R)*,
Jean Leising (R)*,
Jeff Raatz (R)*,
Beau Baird (R),
Brad Barrett (R),
Jim Buck (R),
Jon Ford (R),
Mike Gaskill (R),
Shane Lindauer (R),
J.D. Prescott (R),
Jim Tomes (R),
Last Action
Public Law 175 (on 05/04/2023)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://iga.in.gov/legislative/2023/bills/senate/242/ |
| BillText | https://iga.in.gov/legislative/2023/bills/senate/242/#5.ENRH |
| BillText | https://iga.in.gov/legislative/2023/bills/senate/242/#4.ENGH |
| BillText | https://iga.in.gov/legislative/2023/bills/senate/242/#3.COMH |
| BillText | https://iga.in.gov/legislative/2023/bills/senate/242/#2.COMS |
| BillText | https://iga.in.gov/legislative/2023/bills/senate/242/#1.INTR |
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