Section 312IAC10-2-3. "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" defined

   "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" means an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the base condition. This definition does not, however, apply to any of the following:

(1) A dam regulated under IC 14-27-7 and IC 14-28-1.

(2) A flood control project authorized under IC 14-28-1-29.

(3) An area for which a flood easement is secured and recorded with the county recorder.

(Natural Resources Commission; 312 IAC 10-2-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA)