Ind. Admin. Code tit. 312, r. 10-2-3 – "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" defined

Affected: IC 14-27-7; IC 14-27-7.5; IC 14-28-1-29; IC 14-28-3

Sec. 3. "Adversely affect the efficiency of, or unduly restrict the capacity of, the floodway" means an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the base condition. This definition does not, however, apply to any of the following:

(1) A dam regulated under IC 14-27-7 and IC 14-28-1.
(2) A flood control project authorized under IC 14-28-1-29.
(3) An area for which a flood easement is secured and recorded with the county recorder.

(Natural Resources Commission; 312 IAC 10-2-3; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3385, eff Jan 1, 2002; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFA; readopted filed Sep 22, 2014, 12:34 p.m.: 20141022-IR- 312140065RFA; readopted filed Sep 16, 2020, 8:17 a.m.: 20201014-IR-312200345RFA)