LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7012 NOTE PREPARED: Jan 10, 2024
BILL NUMBER: HB 1402 BILL AMENDED:
SUBJECT: Local Government Permits for Shoreline Structures.
FIRST AUTHOR: Rep. Smaltz BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill amends the law concerning public freshwater lakes to provide that a
person who intends to construct a boathouse or any other permanent structure that has both walls and a roof
over, along, or lakeward of the shoreline or water line of a public freshwater lake must obtain a construction
permit from the local building department of the county or municipality in which the construction would take
place and need not obtain a permit from the Department of Natural Resources (DNR).
The bill amends the law concerning construction in floodways to provide that a person who intends to
construct a boathouse or any other permanent structure that has both walls and a roof at the edge of a body
of water in a floodway must obtain a construction permit from the local building department of the county
or municipality in which the construction would take place and need not obtain a permit from the DNR.
Effective Date: July 1, 2024.
Explanation of State Expenditures: The bill could minimally reduce workload for the DNR as certain
permit applications previously reviewed by the DNR would now be filed only with local permitting
authorities.
Explanation of State Revenues: The bill could minimally reduce revenue to the DNR’s Land and Water
Resources fund as certain permits would no longer be required. These permit applications have a one-time
fee of $200.
Explanation of Local Expenditures: Local permitting authorities would no longer need to obtain prior
approval from the Natural Resources Commission to issue a permit for construction of a boathouse or
HB 1402 1 permanent structure in a floodway or a public freshwater lake.
Explanation of Local Revenues:
State Agencies Affected: Department of Natural Resources; Natural Resources Commission.
Local Agencies Affected: Local floodplain permitting authorities; local building departments.
Information Sources:
https://www.in.gov/dnr/water/files/wa-indiana-model-flood-damage-prevention-ordinance.pdf
https://www.in.gov/dnr/water/files/wa-local-floodplain-administrators-guide.pdf
Fiscal Analyst: Heather Puletz, 317-234-9484.
HB 1402 2