First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 242
AN ACT to amend the Indiana Code concerning natural resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-28-1-40 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 40. A local floodplain administrator shall utilize the best
floodplain mapping data available as provided by the department and
located on the Indiana Floodplain Information Portal when reviewing
a permit application for a structure or a construction activity in, or near,
a floodplain.
SECTION 2. IC 14-28-3-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7. (a) As used in this section, "unit" has the meaning
set forth in IC 36-1-29.5-6.
(b) After June 30, 2023, a unit may not issue a permit:
(1) authorized by ordinance or resolution; and
(2) for construction of a structure or other construction
activity in or near a floodplain;
unless the unit complies with this section.
(c) A person who applies to a local floodplain administrator for
a permit authorizing a structure or construction activity in or near
a floodplain may elect that:
(1) the best available data as provided by the department; or
(2) an engineering study provided by the applicant that is
reviewed and approved according to the unit's ordinance for
flood hazard areas;
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will be used by the local floodplain administrator when reviewing
the person's permit application.
(d) A local floodplain administrator shall not issue a permit
authorizing a structure or construction activity in or near a
floodplain if the permit's authorization will result in a unit
violating its obligations to the National Flood Insurance Program.
SECTION 3. IC 14-28-3-7.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7.2. After June 30, 2025, an individual may not serve
as the floodplain administrator of a county or a municipality unless
the individual has successfully completed:
(1) the Certified Floodplain Manager program of the
Association of State Floodplain Managers; or
(2) another course or training program for local floodplain
managers:
(A) approved by the Federal Emergency Management
Agency; or
(B) approved by the department for the purposes of this
section.
SECTION 4. IC 14-28-3-7.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7.4. (a) As used in this section, "department mapping
data" means the mapping data provided by the department and
located on the Indiana Floodplain Information Portal.
(b) A person that has:
(1) a possessory or nonpossessory ownership interest;
(2) a leasehold interest; or
(3) a security interest;
in a parcel of real property may at any time request a review by
the department of the department mapping data applying to the
parcel of real property.
(c) A review requested under subsection (b) shall be provided by
the department at no cost to the person requesting the review.
(d) In conducting a review requested under subsection (b), the
department shall use a detailed hydrologic modeling method.
(e) If:
(1) the person requesting the review of the department
mapping data applying to a parcel of real property has
applied to a local floodplain administrator for a permit
authorizing the construction of a structure or other
construction activity on the parcel of real property; and
(2) the department does not complete the review of the
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department mapping data and communicate the results of the
review to the person who requested the review not more than
one hundred twenty (120) days after the day on which the
person requested the review;
the person that requested the review of the department mapping
data and applied to the local floodplain administrator for a permit
may elect whether the local floodplain administrator, in reviewing
the person's permit application, will use the department mapping
data or an engineering study provided by the person.
SECTION 5. IC 32-21-5-7, AS AMENDED BY SEA 332-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) The Indiana real estate commission
established by IC 25-34.1-2-1 shall adopt a specific disclosure form
that contains the following:
(1) Disclosure by the owner of the known condition of the
following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage
disposal system.
(G) Other areas that the Indiana real estate commission
determines are appropriate.
(2) Disclosure by the owner of known:
(A) contamination caused by the manufacture of a controlled
substance (as defined by IC 35-48-1-9) on the property that
has not been certified as decontaminated by a qualified
inspector who is certified under IC 16-19-3.1; or
(B) manufacture of methamphetamine or dumping of waste
from the manufacture of methamphetamine in a residential
structure on the property.
(3) A notice to the prospective buyer that contains substantially
the following language:
"The prospective buyer and the owner may wish to obtain
professional advice or inspections of the property and provide for
appropriate provisions in a contract between them concerning any
advice, inspections, defects, or warranties obtained on the
property.".
(4) A notice to the prospective buyer that contains substantially
the following language:
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"The representations in this form are the representations of the
owner and are not the representations of the agent, if any. This
information is for disclosure only and is not intended to be a part
of any contract between the buyer and owner.".
(5) A disclosure by the owner that an airport is located within a
geographical distance from the property as determined by the
Indiana real estate commission. The commission may consider the
differences between an airport serving commercial airlines and an
airport that does not serve commercial airlines in determining the
distance to be disclosed.
(6) A disclosure by the owner that:
(A) the property is located near a military installation, within
a state area of interest (as defined in IC 36-7-30.2-6), and may
be impacted to some degree by the effects of the installation's
military operations; and
(B) local laws may restrict use and development of the
property to promote compatibility with military installation
operations.
(7) If the owner has personal knowledge of the fact that all or
a portion of the real estate is located within a community's
floodplain boundaries, as indicated in a Federal Emergency
Management Agency Flood Insurance Rate Map, a disclosure
by the owner of that fact.
(b) Responsibility for the disclosure required under subsection
(a)(6) rests solely with the owner of the property and no liability for the
owner's failure to make the required disclosure shall accrue to any third
party. Failure of the owner to make the required disclosure under
subsection (a)(6) shall not:
(1) invalidate the transfer of the property; or
(2) create any encumbrance or lien upon any legal or equitable
title to the property.
SEA 242 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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