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.

Indiana Flood Zones Law: Statewide Environmental Rules Rules (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

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.

Indiana DNR Floodway Construction Permits Statewide Requirement

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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