A 2014 amendment to the Flood Control Act, IC 14-28-1, changed the permit life to limit the number of years that construction in a floodway is authorized under a Certificate of Approval. This amendment brings an end to permits remaining valid indefinitely when the construction had been initiated prior to the permit expiration date.
The amendment does provide a new provision to allow the Department to authorize one (1) permit renewal.
The amendment not only affects Construction in a Floodway permits issued after July 1, 2014 but also valid permits issued before July 1, 2014 are subject to the new permit life limitations and the permit renewal provision.
For a Certificate of Approval that is issued after July 1, 2014
A Certificate of Approval is valid for two (2) years from the date of issuance. Once the two years has expired the permit is no longer valid unless a permit renewal is issued. A one-time permit renewal may be issued for a period not to exceed two (2) additional years providing a renewal request is received at the Division of Water before the initial two (2) year permit life expires.
The Certificate of Approval issued to one of the following:
- the Indiana Department of Transportation or a county highway department, if there is any federal funding for the project; or
- an electric utility for the construction of a power generating facility,
is valid for five (5) years from the date of issuance. Once the five (5) years has expired the permit is no longer valid unless a permit renewal is issued. A one-time permit renewal may be issued for a period not to exceed two (2) additional years providing a renewal request is received at the Division of Water before the initial five (5) year permit life expires.
For a Certificate of Approval that was issued before July 1, 2014
A Certificate of Approval that was issued before July 1, 2014 with a two (2) years permit life is valid for two (2) years beginning July 1, 2014. Once the two (2) years expires on July 1, 2016, the permit is no longer valid unless a permit renewal is issued. A one-time permit renewal may be issued for a period not to exceed two (2) additional years providing a renewal request is received at the Division of Water before July 1, 2016.
A Certificate of Approval that was issued before July 1, 2014 with a five (5) year permit life is valid for five (5) years beginning July 1, 2014. Once the five (5) years expires on July 1, 2019, the permit is no longer valid unless a permit renewal is issued. A one-time permit renewal may be issued for a period not to exceed two (2) additional years providing a renewal request is received at the Division of Water before July 1, 2019.
If you have further questions concerning this amendment to the Flood Control Act, please contact IDNR, Division of Water at 317-232-4160, toll free at 1-877-928-3755 or by email at water_inquiry@dnr.in.gov. Click here to view the Flood Control Act on the web.
