INDIANAPOLIS – Beginning in July, Hoosier landowners who apply for a permit for construction in or near a floodplain may opt to use floodplain maps provided by the state or submit their own engineering study.

Gov. Eric Holcomb signed Senate Bill 242 on May 4. Under the law, local floodplain administrators may not issue a permit to authorize construction unless landowners are given the option of using Indiana Department of Natural Resources (IDNR) maps or providing their own engineering study. The study must be reviewed and approved according to the locality’s ordinance for flood hazard areas. The law goes into effect July 1.

In addition, the measure says a local floodplain administrator “shall not issue a permit authorizing a structure or construction activity in or near a floodplain if the permit’s authorization will result in a unit violating its obligations to the National Flood Insurance Program.”

Previously, local floodplain administrators – when reviewing an application for a permit to authorize construction in or near a floodplain – were required to use the “best floodplain mapping data available” as provided by IDNR.

SB 242 also requires owners to disclose whether any portion of their real estate is located in a floodplain, as determined by the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map.

In a release, Indiana Sen. Jean Leising (R-42nd district), the bill’s co-author, said, “Restricting what floodplain mapping data local governments use is a property rights issue, as it greatly impacts property value and whether residents can build on their own land. This bill simply provides flexibility for local floodplain administrators to make better-informed decisions on whether someone can develop their property without harming the environment.”

Leising said a drainage task force that she co-chairs could delve into the issue of floodplain maps this year. The task force is examining drainage issues in the state. The group is required to report to Holcomb and legislators by Dec. 1, 2023.

Rep. Beau Baird (R-44th district) introduced the amendment giving landowners the option of using state maps or providing their own engineering study.

“The intent of the underlying bill was to repeal the DNR state floodplain maps,” he said during an April 12 House session. “However, the language in SB 242 was in conflict with SB 412 that we’ve already passed out of this body, hence the reason for this amendment. This amendment, quite simply, is my attempt to find a compromise regarding the state floodplain maps and not repeal them, but also to bring SB 242 into parity with SB 412.”

SB 412 includes updates on several IDNR matters. With Baird’s amendment, both bills contain the same language regarding landowners having the option of using IDNR maps or submitting their own engineering study. SB 412 was also signed by Holcomb on May 4.

SB 242 sets standards for local floodplain administrators. After June 30, 2025, individuals may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed the Certified Floodplain Manager program of the Association of State Floodplain Managers or another course or training program for local floodplain managers.