Indiana Statewide Rule

Indiana DNR Floodway Construction Permits Statewide Requirement

Heavy RestrictionsApplies statewide across Indiana (2026)

Key Facts

Governing statute: IC 14-28-1
Permit issuer: DNR Division of Water
Regulatory flood: 100-year event
Permit required for: Floodway construction or fill
Local override: Cannot waive DNR permit

Last verified: September 5, 2026Source: State of Indiana

Summary

Indiana Code 14-28-1 requires DNR Division of Water permits for any construction, fill, or excavation in a regulated floodway. The state authority preempts local approvals for floodway encroachments.

(c) Except for an activity under subsection (b), a person who desires to: (1) erect, make, use, or maintain a structure, an obstruction, a deposit, or an excavation; or (2) suffer or permit a structure, an obstruction, a deposit, or an excavation to be erected, made, used, or maintained; in or on a floodway must file with the director a verified written application for a permit. The permit application must be accompanied by a nonrefundable minimum fee of two hundred dollars ($200).

Source: State of IndianaView official code

Full Breakdown

Under IC 14-28-1 (the Flood Control Act), no person may construct an abode, residence, building, structure, or place fill within or on the floodway of a river, stream, or lake without first obtaining a DNR permit. Floodway boundaries are determined by the regulatory flood, defined as the 100-year event. Applicants must demonstrate the project will not cause unreasonable hazard, harmful interference, or unreasonable detrimental effect on flood heights. Local floodplain ordinances exist under the National Flood Insurance Program and IC 14-28-4, but DNR retains exclusive jurisdiction over floodway encroachments and may override local approvals.

Violations & Penalties

Building in a floodway without a DNR permit is a Class C infraction with daily continuing penalties, mandatory removal of unauthorized structures, and ineligibility for federal flood insurance.

Frequently Asked Questions

Can my city approve a building in a floodway without DNR review?

No. IC 14-28-1 vests exclusive authority in DNR over floodway construction. A local floodplain permit does not substitute for the required DNR Construction in a Floodway permit.

What is the difference between floodway and floodplain?

The floodway is the channel and adjacent land needed to convey the regulatory flood. The broader floodplain is the inundation area. DNR regulates the floodway; FEMA and local rules regulate the floodplain.

Sources

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