Sec. 26. (a) This section does not apply to the construction of an addition to a residence located in a boundary river floodway.

     (b) Subject to:

(1) subsection (c); and

(2) the restrictions imposed by the unit (as defined in IC 36-1-2-23) in which the abode or residence is located;

a person may construct at least one (1) addition to an abode or a residence that is located in a floodway.

     (c) A person may not construct an addition to an abode or a residence located in a floodway if the addition, in combination with all other additions to the abode or residence that have been constructed since the abode or residence was originally built, would increase the market value of the abode or residence to an amount more than fifty percent (50%) greater than:

(1) the market value of the abode or residence if no additions have been constructed since the abode or residence was originally built; or

(2) the approximate market value the abode or residence would have in the form in which the abode or residence was originally built if at least one (1) addition has already been constructed.

     (d) For the purposes of subsection (c), the market value of an abode or a residence does not include the value of the land on which the abode or residence is built.

[Pre-1995 Recodification Citation: 13-2-22-13.4.]

As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.17.