Section 312IAC10-3-6. Local approval of activities within a floodway

   (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. (Natural Resources Commission; 312 IAC 10-3-6; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, eff Jan 1, 2002; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA)