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Floodplain Development Permit Requirements

Floodplain development is any activity that changes or alters the existing floodplain.  Some activities of development are:  filling, drilling, grading, and construction of buildings.  Each of these activities requires a permit before any development can begin.  Depending on the specific area of development, plans must be submitted for review and determined if the development is in the floodway or floodway fringe.  The following section is an excerpt from City Ordinance § 155 – Improvement Location Permit:

If the site is in an identified floodway, the Planning Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in the floodway.

Under provisions of Indiana Code 13-2-22, a permit from the Natural Resources Commission is required prior to the issuance of a local permit for any excavation, deposit, construction or preparation activities such as filling , grading, clearing, paving, etc. undertaken before the actual start of construction of the building.

No action shall be taken by the Planning Director until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway.  Once a permit has been issued by the Natural Resources Commission, the Planning Director may issue the improvement location permit, provided the provisions contained in City Ordinance § 160.41 and 160.42 have been met.  The improvement location permit cannot be less restrictive than the permit issued by the Department of Natural Resources – Water Division.

If the site is located in an identified floodway fringe, then the Planning Director may issue the improvement location permit provided the provisions contained in City Ordinance § 160.41 and 160.42 have been met.  The key provision is the top of the lowest floor of any new structure or substantially improved structure shall be at or above the Flood Protection Grade (FPG).

If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as “Zone A” on the Flood Insurance Rate Map), and the drainage area upstream of the site is greater than one square mile, the Planning Director shall require the applicant to forward the application along with all pertinent plans and specifications to the Department of Natural Resources for review and comment.  No action shall be taken by the Planning Director until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended Flood Protection Grade (FPG) has been received from the Department of Natural Resources.  When this information is received, the improvement location permit may be issued provided the provisions of the improvement location permit are not less restrictive than the conditions of the letter for construction in the floodway as received from the Natural Resources Commission, and the provisions contained in City Ordinance § 160.41 and 160.42 have been met.

Every application for an improvement location permit shall be accompanied by a site plan, drawn to scale, showing the location of the structure, improvement, or use to be altered, changed, placed, erected, or located, the dimensions of the lot to be improved, the size of yards and open spaces, existing and proposed streets and alleys adjoining or within the lot, and the manner in which the location is to be improved; also a description of the proposed development, a legal description of the property, the location of the lot in relation to any streams, drainage ditches, rivers, or creeks if located in a Special Flood Hazard Area (SFHA), the site plan showing the existing and proposed land grades if located in a Special Flood Hazard Area (SFHA), and the elevation of the top of the lowest floor, including basement, of all proposed development if located in a Special Flood Hazard Area (SFHA).  This elevation should be in the National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD).  In either case a conversion formula should be included.  An application for an improvement location permit shall be accompanied by a fee of $25 which shall be paid to and collected by the Planning Director.  The payment of this fee shall include the fee for a certificate of occupancy.

Additionally, building codes will have to be followed and permits obtained.  The following is excerpts from City Ordinance § 150 – Building Code:

Prior to the issuance of any building permit hereunder, the Building Commissioner shall:

Review all building permit applications to determined full compliance with the provisions of this chapter.

Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.

Review building permit applications for major repairs within the floodplain area having special flood hazards to determine that the proposed repair:  uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage.

Review building permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including prefabricated mobile homes) is:  protected against flood; designed or modified and anchored to prevent floatation, collapse, lateral movement of the structure, or flood damage; uses construction methods and practices that will minimize flood damage.

Permits are obtained from the Building Commissioner/Planning Department in City Hall, Room 112.  City Hall is located at 120 E. 8th Street, Anderson, Indiana.  Department hours are Monday – Friday, 7:30 am – 5 pm (excluding holidays).  The telephone number is: 648-6166.

The floodplain consists of the floodway and floodway fringe areas.

Below is an example of the permit process:

Additional permits may be required from the Indiana Department of Environmental Management or the U.S. Army Corp of Engineers.  The links below provide reference materials to additional permit requirements.

Indiana Department of Natural Resources – Water Division

www.in.gov/dnr/water

Online permits from the DNR can be obtained from:

https://secure.in.gov/serv/dnr_water_application_ia

Indiana Department of Environmental Management

http://www.state.in.us/idem/permitreport/archive/archive02/08082002wetlandpacket.pdf

U.S. Department of Agriculture – Natural Resources Conservation Services

http://www.in.nrcs.usda.gov/

U.S. Army Corp of Engineers – Louisville District

www.irl.usace.army.mil/

FEMA – Elevation Certificate

http://www.fema.gov/pdf/nfip/elvcert.pdf