TITLE 312 NATURAL RESOURCES COMMISSION

Under IC 4-22-2-24, notice is hereby given that on August 23, 2023, at 1:00 p.m., the Natural Resources Commission will hold a virtual public hearing using Webex on proposed amendments to 312 IAC 10-1-2 to accurately reflect a statutory reference by adding IC 14-27-7.5, and to 312 IAC 10-2-28 concerning coastal high hazard areas.

Individuals may join the public hearing in two ways:

To join by phone using only audio, please dial 1-240-454-0887. When prompted, enter access code 23123192339 ##.

To join using video, please use the website address, meeting number, and password provided below. Please Note: If you have never used Webex, we suggest that you begin the process at least 10 minutes early because you will be prompted to download Webex before joining the meeting.

https://indiana.webex.com/indiana/j.php?MTID=ma2a374c558d6415ed26cd09c2e757b82

Meeting number (access code): 2312 319 2339

Meeting password: yUCJrj2XG63

If you need technical assistance, please contact Scott Allen at (317) 232-4699 or sallen@nrc.in.gov.

IC 4-22-2-24(d)(3) Justification Statement (with Impact):

The Department of Natural Resources (DNR) is proposing amendments to 312 IAC 10-1-2 to accurately reflect a statutory reference by striking IC 14-27-7 and adding IC 14-27.7.5, and 312 IAC 10-2-28 to address recent updates to FEMA Flood Insurance Rate Maps along Lake Michigan in Indiana.

Any requirements or costs for these amendments under IC 4-22-2-24(d)(3) are reasonably necessary for the regulation of dams under IC 14-27-7.5 and the regulation of the lowest floor for structures proposed in the floodway under IC 14-28-1.

The amendment to 312 IAC 10-1-2 makes an update to a statutory reference in the rules. The amendment to 312 IAC 10-2-28 adds to the definition of "lowest floor" for coastal high hazard areas on FEMA's recently updated Flood Insurance Rate Maps for the state of Indiana along Lake Michigan.

The DNR has the statutory authority to adopt rules in IC 14-11-2-1. The Natural Resources Commission has the statutory authority to adopt rules pursuant to IC 14-10-2-4 and also under IC 14-28-1-5 for rules related to flood control.

Sources of information for determining costs and benefits were obtained from staff of the DNR Division of Water.

Individuals requiring reasonable accommodations for participation in this event should contact the Natural Resources Commission at:

Indiana Government Center North

100 North Senate Avenue, Room N103

Indianapolis, IN 46204-2273

Attn: ADA Compliance

The proposed rule amendments may be inspected and copied at the Natural Resources Commission, Division of Hearings, Indiana Government Center North, 100 North Senate Avenue, Room N103, Indianapolis, IN 46204-2273, or may be obtained upon request by calling (317) 232-4699. Written comments may be submitted to the same mailing address or electronically through https://www.in.gov/nrc/rules/rulemaking-docket/.

Bryan W. Poynter

Chairman

Natural Resources Commission

[Notice of Intent was published in the manner set forth in IC 4-22-2, before its amendment July 1, 2023]

DIN: 20230712-IR-312230425PHA

Composed: May 19,2024 3:05:22PM EDT

A PDF version of this document.