Permit applicant must be allowed an election; permit issuance

prohibited if it would jeopardize participation in National Flood Insurance Program 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; 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. As added by P.L.175-2023, SEC.2 and P.L.191-2023, SEC.14.