Variance for Structure Located in Floodway

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Sec. 22.2. (a) This section applies to local floodplain administrators in a county having a population of more than one hundred forty thousand (140,000) but less than one hundred fifty thousand (150,000).

(b) A local floodplain administrator may issue a variance approving a structure located within a floodway without a permit issued by the director of the department under section 22 of this chapter if:

(1) the structure is not used as an abode or residence;

(2) the structure is constructed after January 1, 2018, but not later than July 1, 2020; and

(3) the lowest floor of the structure is not more than fifteen-hundredths (0.15) of a foot below two (2) feet above the one hundred (100) year flood elevation.

(c) This section expires July 1, 2022.

As added by P.L.199-2021, SEC.7.


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