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Clark County, IN Environmental Rules: Flood Zones (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

FEMA flood zone rules in Clark County, IN, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Permit required before
any development activity in SFHA
Floodway development also needs
IDNR construction-in-floodway permit
Non-substantial addition exception
I.C. 14-28-1-26, non-boundary river floodway
Max allowed elevation increase
0.15 feet from floodway impact
Violation fine
up to $2,500, treated as nuisance

Summary

Any development activity in a Clark County special flood hazard area needs a floodplain development permit before work begins, and development inside a mapped floodway also needs a separate state DNR permit first. Unpermitted work is treated as a nuisance under the county's zoning code.

These county ordinances apply to unincorporated areas of Clark County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).

Full Breakdown

028 bars locating, extending, converting or structurally altering any structure, or altering any land or stream, within the SFHA without full compliance with the chapter. 015, including construction, placing manufactured homes or fences, road building, mining, dredging, filling, grading, and any other activity capable of changing the direction, height, or velocity of flood or surface waters. C. 14-28-1, the applicant must first obtain a permit for construction in a floodway from the Indiana Department of Natural Resources before the Floodplain Administrator can issue the local permit, and the local permit cannot be less restrictive than the state one.

C. 14-28-1-26, though fill needed to elevate such an addition still needs DNR approval. No floodway development is allowed if it would raise the regulatory flood elevation by at least fifteen-hundredths of a foot compared to pre-project conditions, as shown by hydraulic analysis. 046, requiring site plans, legal descriptions, proposed lowest-floor elevations in NAVD 88 or NGVD, and as-built elevation certification once the lowest floor is set, before framing can continue.

Violations & Fines

Section 153.999 makes failure to obtain a floodplain development permit, or failure to comply with permit conditions or a variance, a violation treated as a common nuisance under the county's zoning code, with each day of continued violation a separate offense and fines up to $2,500. The Plan Commission may also pursue legal or equitable remedies and recover its attorney fees from the violator.

Frequently Asked Questions

Do I need a permit to build in a Clark County flood zone?
Yes. Section 153.027 requires a floodplain development permit before starting any development activity in a special flood hazard area, applied for through the Floodplain Administrator under § 153.046.
Is there an extra permit needed to build in a mapped floodway?
Yes. Section 153.064 requires the applicant to first obtain a permit for construction in a floodway from the Indiana Department of Natural Resources under I.C. 14-28-1, before the county issues its own floodplain development permit.
Are any floodway projects exempt from the state DNR permit?
Non-substantial additions or improvements to an existing lawful residence in a non-boundary river floodway are exempt from the DNR floodway permit under I.C. 14-28-1-26, though fill to elevate the addition still needs DNR approval.
What counts as regulated 'development' under the floodplain chapter?
Section 153.015 defines it broadly to include construction, placing manufactured homes, installing fences or utilities, road building, mining, dredging, filling, grading, and any other activity that could change flood or surface water flow.

Sources & Official References

Other rules in Clark County

All Clark County rules

Compare Clark County to another location·View the Indiana environmental rules overview

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