HB1394 - DNR best available flood hazard data.

3 Co-Sponsors

DNR best available flood hazard data. Defines "DNR best available data" as: (1) flood hazard mapping data that were created by the department of natural resources (department) and are available on January 1, 2024, on the Indiana Floodplain Information Portal; or (2) any other mapping data created by the department after October 2018 at least in part through the use of techniques other than direct observation and measurement by individuals physically present on the land that is the subject of the mapping data. Amends the law under which a person applying to a county or municipality for a permit authorizing a structure or construction activity in or near a floodplain must be allowed to make an election as to the mapping data to be used by the local floodplain administrator when reviewing the person's permit application to provide that the person may elect to have the local floodplain administrator use the applicable flood insurance rate map (FIRM) if the county or municipality participates in the National Flood Insurance Program. Amends the law giving the holder of an interest in a parcel of property the right to obtain, at no cost, a detailed hydraulic modeling method review by the department of the DNR best available data applying to the parcel to provide that, if a review results in a revision of the DNR best available data applying to the parcel, the department: (1) shall incorporate the revised data applying to the parcel into the DNR best available data accessible on the Indiana Floodplain Information Portal; and (2) shall ensure that the revised DNR best available data is used in the preparation by the department of any new preliminary FIRM. Provides that, after March 31, 2024, when the department makes public any new DNR best available data, the department shall provide a written notice about the new DNR best available data by first class mail to the owners of parcels of property that were not previously included in a floodway or flood hazard area under the applicable FIRM or other mapping data but may be so included under the new DNR best available data, or that were previously included in a floodway or flood hazard area under the applicable FIRM or other mapping data but may not be so included under the new DNR best available data. Provides that, after March 31, 2024, the department may not participate in an action to prepare a new FIRM for a county or municipality participating in the National Flood Insurance Program based on DNR best available data unless the department has: (1) provided a written notice by first class mail to an owner of each parcel that was not previously included in a floodway or flood hazard area under the existing FIRM but may be so included under the new FIRM based on the DNR best available data, or was previously included in a floodway or flood hazard area under the existing FIRM but may not be so included under the new FIRM based on the DNR best available data; and (2) held a public meeting about the DNR best available data. Provides that a parcel owner who is provided a written notice from the department about the potential preparation of a new FIRM based on the DNR best available data may request a department review of the DNR best available data applying to the parcel, but must do so not more than 120 days after the department holds the public meeting about the DNR best available data. Provides that if a review by the department of the DNR best available data applying to a parcel is requested, the department may not prepare a new FIRM based on the DNR best available data applying to the parcel until the review is concluded.