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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

FEMA flood zone rules in Dearborn 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
Floodplain development permit required before any development in the SFHA
Administrator
Planning Director, appointed by the Board of Commissioners
Residential lowest floor
At or above the FPG, two feet above base flood elevation
Fill offset
One to one excavation below the base flood elevation
Building protection trigger
New structure with floor area greater than 400 square feet
Floodway rise cap
No increase in regulatory flood over 0.14 of one foot
RV or travel trailer
Protection applies after more than 180 days on a site

Summary

In unincorporated Dearborn County, Indiana, no development can begin in a special flood hazard area without a floodplain development permit from the Floodplain Administrator, who is the Planning Director. New residential construction needs its lowest floor, basement included, at or above the flood protection grade, which is two feet above the base flood elevation. Fill below the base flood elevation must be offset by excavation.

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

In conformance with the provisions of this chapter, a floodplain development permit shall be required prior to the commencement of any development activities in areas of special flood hazard. ... (A) No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. ... (K) Whenever any portion of the SFHA is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the BFE shall be compensated for, and balanced by, an equivalent volume of excavation taken below the BFE. ... (1) New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, at or above the FPG (two feet above the base flood elevation).

Full Breakdown

Chapter 152 of the Dearborn County Code, adopted by the Board of Commissioners as BC Ord. 2005-8 on 5-3-05, governs development in the special flood hazard area (SFHA) of unincorporated Dearborn County, Indiana. Section 152.18 requires a floodplain development permit before any development activities start in areas of special flood hazard. Under § 152.35 the Board of Commissioners appoints the Planning Director as Floodplain Administrator. Section 152.36 requires the application on the Administrator's forms, with plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area, including existing or proposed structures, earthen fill, storage of materials or equipment and drainage facilities. The application must also give the elevation of the top of the lowest floor of every proposed building, basement included, and the elevation to which any nonresidential structure will be floodproofed.

Once the lowest floor or floodproofing is in place, the permit holder must submit an as-built elevation certification prepared by or under the direct supervision of a registered land surveyor or professional engineer. Work done before that certification is at the permit holder's risk, and failure to submit the survey or make the required corrections is cause for a stop work order.

Section 152.19(A) bars any structure from being located, extended, converted or structurally altered in the SFHA without full compliance. Section 152.50(K) requires fill or a structure below the base flood elevation to be balanced by an equivalent volume of excavation, at a replacement ratio of one to one, in the same immediate watershed. Section 152.51(A) extends building protection to any new structure with a floor area greater than 400 square feet, alterations costing 50% or more of the value of the structure, repairs valued at more than 50% of market value, and a travel trailer or recreational vehicle kept on a site for more than 180 days. Under § 152.51(B), new residential construction or substantial improvement needs the lowest floor at or above the FPG, two feet above the base flood elevation.

In an identified floodway, § 152.53 sends the application to the Indiana Department of Natural Resources first, and no development may raise the regulatory flood more than 0.14 of one foot.

Violations & Fines

Under § 152.99(A), failing to obtain a floodplain development permit in the SFHA, or failing to comply with a permit or the conditions of a variance, is a violation of Chapter 152. All violations are considered a common nuisance and are treated as one. The County Plan Commission informs the owner that the violation is considered a willful act to increase flood damages, which can cause standard flood insurance coverage to be suspended. A missing elevation survey is cause for a stop work order under § 152.36. Chapter 152 prints no dollar fine.

Frequently Asked Questions

Do I need a permit to build in the floodplain in Dearborn County, Indiana?
Yes. Section 152.18 requires a floodplain development permit before any development activities begin in areas of special flood hazard. You apply to the Floodplain Administrator, the Planning Director, on the forms the Administrator furnishes, with plans in duplicate showing the nature, location, dimensions and elevations of the area in question.
How high must a new house in a Dearborn County flood zone be built?
Section 152.51(B) requires the lowest floor of a new or substantially improved residential structure, basement included, to be at or above the FPG. The code defines that as two feet above the base flood elevation. Nonresidential buildings can be floodproofed instead, but only with a certification by a registered professional engineer or architect.
Can I add fill to raise my lot inside the SFHA?
Only with compensating excavation. Section 152.50(K) requires the volume of fill or structure below the base flood elevation to be balanced by an equal volume of excavation, a one to one ratio, in the same immediate watershed. Plans for the excavated and filled areas are due before site work, and a certified survey follows.
What happens if my land is mapped in the floodplain but sits above the base flood elevation?
Section 152.21 says a site whose natural grade is above the base flood elevation is considered outside the SFHA and the floodplain regulations are not applied. A site below the base flood elevation is regulated as part of the SFHA. The code advises the property owner to apply for a Letter of Map Amendment.
Who approves work in an identified floodway?
The Indiana Department of Natural Resources reviews it first. Section 152.53 has the Floodplain Administrator require the applicant to forward the application to the Department, and no action is taken until the state permit is issued, when one applies. The local permit cannot be less restrictive than the state permit.

Sources & Official References

Other rules in Dearborn County

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