Section 312IAC10-3-8. Nonconforming uses in the flood plain

   (a) A local ordinance incorporating flood plain management provisions adopted after July 1, 1974, shall provide for a use within a flood plain that does not conform with this rule.

  (b) A person must not construct an addition to a building in a floodway if the addition, in combination with all other additions to the building that have been constructed since the building was originally built, would increase the market value of the building to an amount more than fifty percent (50%) greater than either of the following:

(1) The market value of the building if no additions have been constructed since the building was originally built.

(2) The approximate value of the building would have (in the form in which it was originally built) if at least one (1) addition has already been constructed.

  (c) A building that is damaged by flood, fire, explosion, act of God, or the public enemy may be restored to its original dimensions and condition, if the cost of the repairs is less than fifty percent (50%) of the market value of the building before the damage occurred. A building damaged in excess of fifty percent (50%) of its market value is governed by section 5 of this rule.

  (d) For purposes of this section, the market value of an abode does not include the value of the land on which the building is built.

  (e) Ordinary maintenance and repairs to a building are exempted from the evaluations and calculations described in this section. (Natural Resources Commission; 312 IAC 10-3-8; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3391, 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)