Bill Sponsored By Baird To Help Property Owners Assess Their Flood Risk Is Now Law

Property owners will have more options on floodplain mapping data to use when applying for building permits thanks to a new law sponsored by State Rep. Beau Baird (R-Greencastle).

Previously, local floodplain administrators were required to consult the Indiana Department of Natural Resources’ floodplain maps when reviewing applications for building permits. Starting July 1, Hoosiers applying for these permits will have the option to use the state’s maps or have their own survey done. Baird said this law is necessary because the DNR’s floodplain maps, adopted during last year’s legislative session, resulted in many landowners being newly listed in floodplains despite not appearing in a floodplain under the previously used Federal Emergency Management maps.

“The adoption of the state’s floodplain maps resulted in a lot of confusion for some Hoosier landowners,” Baird said. “Some have seen their property values drop after being listed in a floodplain when they weren’t previously. Others got the needed permitting to build homes, only to have the state tell them later that they built in a floodplain and must tear it down. Until we can conduct hearings on how best to proceed with floodplain mapping and give the public an opportunity to weigh in, we need to give property owners options when applying for building permits.”

Baird, who is co-chair of the Drainage Task Force, expects this issue to be one of the bigger topics they address this year. The task force will conduct meetings, with the opportunity for public input, and report final recommendations by December.

Senate Enrolled Act 242, which earned bipartisan support, also allows landowners to request the DNR review its floodplain mapping at no cost and receive a response within 120 days. Additionally, county and local officials charged with vetting building permit applications must be certified on floodplain mapping by June 30, 2025, and landowners, if aware, must disclose if any of their property is in a floodplain when selling to a prospective buyer.

To learn more about new state laws, visit in.gov/gov/newsroom/2023-bill-watch/.