A person may not do any of the following:

1. (1) Erect in or on any floodway a permanent structure for use as an abode or a place of residence, except as authorized under sections 24, 25, and 26.5 of this chapter.

2. (2) Except as authorized under section 26.5 of this chapter, erect, make, use, or maintain in or on any floodway, or suffer or permit the erection, making, use, or maintenance in or on any floodway, a structure, an obstruction, a deposit, or an excavation that will do any of the following:

   1. (A) Adversely affect the efficiency of or unduly restrict the capacity of the floodway.

   2. (B) By virtue of the nature, design, method of construction, state of maintenance, or physical condition do any of the following:

      1. (i) Constitute an unreasonable hazard to the safety of life or property.
      2. (ii) Result in unreasonably detrimental effects upon the fish, wildlife, or botanical resources.

3. (3) Reconstruct or allow or permit the reconstruction of an abode or a residence located in a floodway, except as authorized under sections 24, 25, and 26.5 of this chapter.

   [Pre-1995 Recodification Citation: 13-2-22-13(b).]

As added by P.L.1-1995, SEC.21. Amended by P.L.135-1997, SEC.13.