312 IAC 10-3-6
312 IAC 10-3-6 Local approval of activities within a floodway
Cite as Ind. Admin. Code tit. 312, r. 10-3-6
Sec. 6. (a) A county or municipality shall not authorize:
(1) a structure;
(2) an obstruction;
(3) a deposit; or
(4) an excavation;
in a floodway until a license is issued by the department under IC 14-28-1.
(b) A county or municipality may place terms and conditions on a local license issued for a site in a floodway. The terms and conditions
must not be less restrictive than those required by the department under this article.
(c) A license from the department under IC 14-28-1 and 312 IAC 10-4 is not required for a site within a
fringe.
(d) Where a floodway is not separately delineated, a county or municipality shall refer a license application for work in a flood plain to
the department for advice and recommendations.