Section 312IAC10-3-1. Flood plains, floodways, and fringes; local ordinances

   (a) A county or municipality that administers IC 14-28-3 must adopt an ordinance to implement this rule for areas within:

(1) the floodway and the fringe; or

(2) for an area where the floodway and the fringe are not separately identified, the flood plain.

  (b) For an area where only the flood plain is identified in the ordinance, an application for a local permit must be reviewed by the department to determine if a license is required under IC 14-28-1.

  (c) The department may, upon its own initiative, or, upon petition from a local unit, determine and delineate on suitable maps, the boundaries of the flood plain, floodway, or fringe within the jurisdiction of the local unit. In cases of determination and delineation by others, those determinations and delineations will be subject to review and approval by the department.

  (d) A flood plain, floodway, and fringe exist for each waterway even if an area is not delineated on a map. (Natural Resources Commission; 312 IAC 10-3-1; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3389, eff Jan 1, 2002; errata filed Jan 9, 2002, 1:24 p.m.: 25 IR 1644; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR-312140065RFA)