Sec. 5.1. (a) Except as provided in subsection (c), a person must obtain a permit under this section to erect, make, use, or maintain a structure, obstruction, deposit, or excavation in any place in a floodplain that is:

(1) state owned property; or

(2) state managed property.

     (b) To obtain a permit, a person described in subsection (a) must file with the director a verified written application for a permit. The application must include plans and specifications for the structure, obstruction, deposit, or excavation.

     (c) A separate permit is not required under this section for an activity for which a permit has been granted under IC 14-28-1.

     (d) Except as provided in subsection (e), the federal regulations that:

(1) were adopted by the director of the Federal Emergency Management Agency to implement the National Flood Insurance Act (42 U.S.C. § 4001 et seq.);

(2) are published in 44 C.F.R. § part 59 through 60; and

(3) were in effect on January 1, 1997;

are adopted as the criteria for determining whether an activity referred to in subsection (a) is allowed in Indiana.

     (e) If the activity referred to in subsection (a) is the proposed erection, making, use, or maintenance of a structure in any place in a floodplain that is:

(1) state owned property; or

(2) state managed property;

the activity is not allowed unless the lowest floor of the structure is at least two (2) feet above the one hundred (100) year frequency flood elevation.

As added by P.L.191-2023, SEC.12.