Indiana legislature braces for debate on bill to repeal certain flooding requirements | news

Hoosier property owners complain that the latest floodplain maps adopted by the Indiana Department of Natural Resources (DNR) are more restrictive than those by the Federal Emergency Management Agency (FEMA). Many who spoke before lawmakers said they were never briefed on the flood map changes that came into effect in 2022 and are now facing costly requirements for construction projects on their property.

Leising also claims lawmakers “didn’t know” that last year they approved the DNR-backed provision requiring the use of the new statewide flood maps.

However, environmental groups point to an increase in extreme rain events leading to major flooding. Some who opposed the bill said they were concerned the bill could increase the risks and potential damage that could be caused by future flooding — especially after lawmakers removed wetland protections in a previous legislative session.

“None of us want anyone to build where they will be flooded. But I don’t want people’s property to be devalued,” Leising said at a committee hearing last week. “Whether (the DNR cards) are good or bad, whether we need more protection than the federal cards, that’s a completely different question. But I know we get a lot of concerns from people in our districts.”

The bill was tabled by the Senate Natural Resources Committee last week and now goes to the full Senate for further consideration.

If passed, the change would go into effect on July 1.

How the floodplain cards work

A floodplain is the area adjacent to a stream or river that is at risk of flooding at least once every 100 years or more.

The resulting flood maps are often created by calculating precipitation, topography, and hydraulic analysis that assesses the capacity of a stream or other body of water.

FEMA has released maps for many Indiana flood plains, but not all.

To cover the rest of the state, the DNR maintains flood maps for an additional 18,500 miles of Indiana creeks. The state agency combined their maps with maps produced by FEMA to create the best flood hazard area map available.

Environmentalists claim that the DNR map is the best source for identifying flood prone areas. Currently, local flood managers are tasked with reducing construction work in the floodplain to allow rivers and streams to spread as needed. This prevents flood water from flowing as fast or rising so high, which also reduces erosion.

Analysis of climate change increasingly predicts that flooding will become a major concern for American cities. Annual rainfall has increased 15% since 1895, a trend that is expected to continue — and potentially accelerate, according to Purdue’s Climate Change Impacts Assessment.

Hoosiers give mixed statements on current DNR flood maps

Dozens testified before the Senate committee last week.

Caitlin Smith, representative of the DNR, said the agency is neutral on the bill. She claimed that current state law “codifies what local floodplain managers should follow” as required by federal law and state and local ordinances.

Nonetheless, Smith defended existing Indiana law. She said the state’s flood zone regulations — while “more restrictive” than FEMA’s — result in cost savings for 450 Indiana communities that purchase flood insurance. ]

To learn more, visit this government website.

The Indiana Association for Floodplain and Stormwater Management (INAFSM) asked lawmakers to have the Indiana Drainage Task Force work through the matter before making changes to the Floodplain Act.

“Let’s get more information to address some of these questions and concerns,” said Kerry Daily, INAFSM Legislative Chair. “Let’s see what other states are doing and what they’ve done with this type of situation.”

Several property owners who supported the bill said the state’s current flood maps restrict construction on their land, such as building garages and bridges.

That included Melanie Caldwell, who lives in rural Union County with her husband. The couple testified in support of Leising’s bill, saying they were stopped from building a small bridge over a creek on their property.

“Why are we doing this? We live in rural Indiana…. It’s just unfathomable,” Caldwell said of the current restrictions.

The Indiana Builders Association and the Indianapolis Association of Realtors were among the groups campaigning for the measure. The Indiana Farm Bureau is neutral on the bill.

But Jill Hoffman, executive director of the White River Alliance, pushed back on the idea of ​​just going back to the FEMA cards.

The federal maps are outdated and incomplete, she said, noting that “we know a lot more about the potential risks we face” because updated DNR maps cover flows that FEMA has never documented before.

“Today’s deluge is not yesterday’s deluge, so cards cannot stagnate. We need to recognize what it means – and what these maps mean – and what it means to have sustainable water management,” Hoffman said. “If we stagnate in how we manage flood plains, we will be at great risk going forward. As I look across the landscape, I cannot see another state, county, municipality, city or anyone working to roll back flood protections.”

The nationwide trend is to increase flood defenses due to the changing environment, Hoffman continued. By allowing Hoosier floodplain administrators to use the updated DNR maps, “it gives them a really important tool,” she said.

dr Indra Frank, director of environmental health and water policy at the Hoosier Environmental Council, added that even if the law passes, the wording in Indiana’s flood control statute that requires floodways to remain open so they can “carry” the river will stand remains. This means that it is still illegal to build in the floodplain without permission from the DNR.

If local permitting decisions are made using only the federal maps, more buildings will likely be built in flood-prone areas, resulting in flooded buildings and less healthy rivers and streams, Frank said.

“The wording that this law would be repealed will help reduce the construction of homes in flood-prone areas in the future,” Frank said. “And that means fewer families will find themselves in these heartbreaking situations in the future.”