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SB 242 IN
Became Law

Floodplain mapping.

IN · session 2023 · Senate · bill

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Introduced Jan 10, 2023

Latest action (May 4, 2023) Public Law 175

Summary

Repeals the requirement that local floodplain administrators use the "best floodplain mapping data" as provided by the department of natural resources (department) and located on the Indiana Floodplain Information Portal when reviewing an application for a permit to authorize construction in or near a floodplain. Provides that, after June 30, 2023, a county or municipality may not issue a permit for construction activity in or near a floodplain unless the permit applicant is allowed to elect whether the local floodplain administrator will use: (1) the department's "best floodplain mapping data"; or (2) an engineering study provided by the permit applicant; in reviewing the permit application. Prohibits a local floodplain administrator from issuing a permit authorizing a structure or construction activity in or near a floodplain if the issuance of the permit will violate National Flood Insurance Program requirements. Provides that, after June 30, 2025, an individual may not serve as the floodplain administrator of a county or municipality unless the individual has successfully completed: (1) the Certified Floodplain Manager program of the Association of State Floodplain Managers; or (2) another course or training program for local floodplain managers that is approved by the Federal Emergency Management Agency or the department. Provides that a person that has: (1) an ownership interest; (2) a leasehold interest; or (3) a security interest; in a parcel of real property may at any time request a review by the department of the department's "best floodplain mapping data" that applies to the parcel of real property. Requires the department to conduct the review at no cost to the person requesting the review and to use a detailed hydrologic modeling method in conducting the review. Provides that: (1) if the person requesting the review has applied to a local floodplain administrator for a permit authorizing the construction of a structure or other construction activity on the parcel of real property; and (2) the department does not complete the review within 120 days after the review was requested; the person may elect whether the local floodplain administrator, in reviewing the person's permit application, will use the department's "best floodplain mapping data" or an engineering study provided by the person. Provides that, in the disclosure form that is adopted by the Indiana real estate commission and that must be submitted to a prospective buyer of real estate before the prospective buyer's offer is accepted, the owner of real estate must disclose the fact that all or a portion of the owner's real estate is located within a community's floodplain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, if the owner has personal knowledge of that fact.

Sponsors (4)

7 coauthors / cosponsors

Action history (39)

  1. Jan 10, 2023 Authored by Senators Leising and Garten · upper
  2. Jan 10, 2023 First reading: referred to Committee on Natural Resources · upper
  3. Jan 23, 2023 Committee report: amend do pass, adopted · upper
  4. Jan 26, 2023 Amendment #3 (Breaux) failed; voice vote · upper
  5. Jan 26, 2023 Amendment #1 (Qaddoura) failed; Roll Call 25: yeas 8, nays 40 · upper
  6. Jan 26, 2023 Amendment #2 (Qaddoura) failed; Roll Call 26: yeas 8, nays 40 · upper
  7. Jan 26, 2023 Second reading: ordered engrossed · upper
  8. Jan 30, 2023 Third reading: passed; Roll Call 36: yeas 40, nays 5 · upper
  9. Jan 30, 2023 House sponsor: Representative Baird · upper
  10. Jan 30, 2023 Cosponsors: Representatives Barrett, Prescott, Lindauer · upper
  11. Jan 30, 2023 Senator Raatz added as third author · upper
  12. Jan 30, 2023 Senator Gaskill added as coauthor · upper
  13. Jan 30, 2023 Senator Buck added as coauthor · upper
  14. Jan 30, 2023 Senators Ford Jon and Tomes added as coauthors · upper
  15. Feb 1, 2023 Referred to the House · upper
  16. Feb 28, 2023 First reading: referred to Committee on Natural Resources · lower
  17. Mar 23, 2023 Committee report: do pass, adopted · lower
  18. Mar 27, 2023 Second reading: ordered engrossed · lower
  19. Apr 11, 2023 Placed back on second reading · lower
  20. Apr 12, 2023 Amendment #2 (Baird) prevailed; voice vote · lower
  21. Apr 12, 2023 Amendment #1 (Hamilton) failed; Roll Call 403: yeas 27, nays 66 · lower
  22. Apr 12, 2023 Reread second time: amended, ordered engrossed · lower
  23. Apr 17, 2023 Third reading: passed; Roll Call 427: yeas 73, nays 25 · lower
  24. Apr 18, 2023 Returned to the Senate with amendments · lower
  25. Apr 18, 2023 Motion to dissent filed · upper
  26. Apr 18, 2023 Senate dissented from House amendments · upper
  27. Apr 18, 2023 Senate conferees appointed: Leising and Qaddoura · upper
  28. Apr 18, 2023 Senate advisors appointed: Breaux and Garten · upper
  29. Apr 19, 2023 House conferees appointed: Baird and Hamilton · lower
  30. Apr 19, 2023 House advisors appointed: Prescott, Abbott, Lindauer and Boy · lower
  31. Apr 26, 2023 CCR # 1 filed in the Senate · upper
  32. Apr 26, 2023 CCR # 1 filed in the House · lower
  33. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 531: yeas 94, nays 1 · lower
  34. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 503: yeas 40, nays 9 · upper
  35. Apr 28, 2023 Signed by the President Pro Tempore · upper
  36. Apr 28, 2023 Signed by the President of the Senate · upper
  37. May 1, 2023 Signed by the Speaker · lower
  38. May 4, 2023 Signed by the Governor · executive
  39. May 4, 2023 Public Law 175 · upper
Subjects
FLOOD CONTROL; FLOODWAYSNATURAL RESOURCES, State Department of

Text versions (5)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Enrolled Senate Bill (S) · Apr 27, 2023 · PDF
  • Introduced Senate Bill (S) · Jan 10, 2023 · PDF
  • Senate Bill (S) · Jan 23, 2023 · PDF
  • Senate Bill (H) · Mar 23, 2023 · PDF
  • Engrossed Senate Bill (H) · Apr 12, 2023 · PDF

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