Section 312IAC10-4-3. Additions to lawful abodes in the floodway

   (a) A person must not erect, use, or maintain in or on any floodway a permanent structure for use as an abode, except for an abode constructed before January 1, 1973. For purposes of this section, "constructed" means completed for use as an abode.

  (b) A person may make an addition to an abode constructed before January 1, 1973, if the addition would not increase the market value of the abode, excluding the value of the land, by more than fifty percent (50%) of:

(1) the market value of the abode if no addition was made since the abode was initially constructed; or

(2) the approximate market value the abode would have in the form in which it was originally constructed if the abode has at least one (1) prior addition.

  (c) Where the application is made under subsection (b), the application must be accompanied by the following documentation:

(1) An appraisal by an appraiser who has an acceptable designation as follows, conforming with the requirements for appraisal reports, which establishes the value of the abode or place of residence before and after the proposed addition, excluding the value of the land:

(A) Acceptable designations of appraisers are any of the following:

(i) Member of the American Institute of Real Estate Appraisers (MAI).

(ii) Residential member of the American Institute of Real Estate Appraisers (RM).

(iii) Senior real estate analyst of the Society of Real Estate Appraisers (SREA).

(iv) Senior residential appraiser of the Society of Real Estate Appraisers (SRA).

(v) Senior real property appraiser of the Society of Real Estate Appraiser (SRPA).

(vi) Senior member of the American Society of Appraisers (ASA).

(vii) Accredited rural appraiser of the American Society of Farm Managers and Rural Appraisers (ARA).

(viii) Accredited appraiser of the Manufactured Housing Appraiser Society.

(B) Requirements for appraisal reports are the following:

(i) Identification of the property to include the location, legal description, and owner or occupant.

(ii) Neighborhood analysis, including land use, price range, and age of structures in the area, changing conditions, and all relevant information pertaining to value of structures in the area.

(iii) Description of the site, including the dimensions, site area, zoning classification, and compliance of present structure, highest and best use, real estate taxes, assessments utilities, description of site improvements, and easements.

(iv) Description of structural improvements, interior and exterior, considering depreciation, general market conditions, and additional features.

(v) Cost approach to value of present structure and proposed addition, with computative data based on an appraisal guideline in common usage among appraisers.

(vi) Market or sales comparison analysis, including adequate descriptions of three (3) recent comparable sales having the same highest and best use as the subject, weighted and analyzed in relation to the subject property, with adjustments not exceeding thirty percent (30%).

(vii) Reconciliation, including a summary:

(AA) of pertinent data of particular approaches and the appraiser's final conclusion, which conclusion cannot be based on an average; and

(BB) explaining strengths and weaknesses of each approach.

(viii) Certification by the appraiser that:

(AA) the property was personally inspected;

(BB) facts and data are true and correct;

(CC) the appraised value represents the appraiser's best judgment;

(DD) the appraiser has no interest in the property; and

(EE) an opinion of the estimated fair market value of the property, excluding the value of the land, established under subsection (b) and at the completion of the proposed addition.

(ix) Percentage of increase in value that the proposed addition will make in the property, excluding the value of the land.

(x) Photographs of the property and comparable sales.

(xi) Verification by appraiser as to when the original structure was built and, if there have been additions made to the original structure, the date of these additions (appraiser must give source of this information and copies of the source material).

(xii) Designation of appraiser.

(2) Construction plans and specifications must:

(A) consider the effects of buoyance, dynamic, and erosive factors;

(B) be constructed with materials resistant to flood damage;

(C) be constructed by methods and practices that minimize flood damage; and

(D) be certified by a:

(i) professional engineer registered under IC 25-31-1; or

(ii) an architect registered under IC 25-4-1.

(3) Additions shall be designated and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads associated with the regulatory flood.

  (d) Certification by a professional engineer registered under IC 25-31-1 or an architect registered under IC 25-4-1, that the proposed addition was built to the design criteria in subsection (c)(3), shall be submitted to the department, division of water, prior to the occupancy of the addition.

  (e) A structure not used as an abode on January 1, 1973, does not qualify for a license under IC 14-28-1 and this article. (Natural Resources Commission; 312 IAC 10-4-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3392, 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)