Sec. 7.4. (a) As used in this section, “department mapping data” means the mapping data provided by the department and located on the Indiana Floodplain Information Portal.

     (b) A person that has:

Terms Used In Indiana Code 14-28-3-7.4

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) a possessory or nonpossessory 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 mapping data applying to the parcel of real property.

     (c) A review requested under subsection (b) shall be provided by the department at no cost to the person requesting the review.

     (d) In conducting a review requested under subsection (b), the department shall use a detailed hydrologic modeling method.

     (e) If:

(1) the person requesting the review of the department mapping data applying to a parcel of real property 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 of the department mapping data and communicate the results of the review to the person who requested the review not more than one hundred twenty (120) days after the day on which the person requested the review;

the person that requested the review of the department mapping data and applied to the local floodplain administrator for a permit may elect whether the local floodplain administrator, in reviewing the person’s permit application, will use the department mapping data or an engineering study provided by the person.

As added by P.L.175-2023, SEC.4.

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