STATEHOUSE – As a member of Indiana's Drainage Task Force, state Rep. David Abbott (R-Rome City) said he plans to pursue legislation during the 2024 legislative session to help property owners who are being negatively impacted by Indiana's overly strict and complex drainage laws.
The Drainage Task Force, which was charged with diving into the issues and recommending policy changes, recently wrapped up its final meeting, according to a provided news release. Abbott said testimony mostly revolved around issues with the Indiana Department of Natural Resources' floodplain maps, which were released in 2018 and went into effect in 2022.
"Currently, many landowners are entangled in bureaucratic red tape and restrictive drainage laws that can negatively impact their ability to sell or develop their property, and protect their property values," Abbott said. "We need to bring balance to this issue."
Prior to the state maps being adopted, Abbott said local floodplain administrators would make decisions regarding building permits after consulting the less restrictive Federal Emergency Management Agency's floodplain maps. Once the state adopted DNR's maps, Abbott said some property owners were shocked as they were denied permits by local officials because they're now located in a state-designated floodplain.
This concern spurred the state legislature to pass a law in 2023, to allow Hoosiers applying for building permits the option to use the state's maps or have their own survey done. The new law also allows a property owner to request the Department of Natural Resources review the mapping data for their property at no cost.
Abbott said FEMA is in the process of updating its federal maps and is looking to adopt the state's mapping data in the future, but he believes the state should press pause on the new state maps until concerns can be addressed.
"There are large discrepancies between the federal floodplain mapping, and the more extensive and restrictive state floodplain mapping that was rolled out in 2018," Abbott said. "I believe we need to press pause and re-evaluate the state mapping data before it's approved by the federal government, so that we can ensure we're providing accurate information on flood-prone areas in our state. Also, affected property owners deserve to know that they're located in a newly designated state floodplain and be given the opportunity to contest it."
While the task force did not reach a consensus on making legislative recommendations for the 2024 session, Abbott said he supports several proposals including requiring the DNR to notify property owners if they are located on a state floodplain, and updating Indiana's Drainage Handbook, which was written in 1996 and last updated in 1999.
Abbott encourages Hoosiers to continue offering input on Indiana's current land drainage laws and floodplain mapping by contacting his office at 317-234-9452 or [email protected]. Hoosiers can visit floodmaps.in.gov for more information and access the state's floodplain mapping data.
The 2024 legislative session will begin in January and conclude in mid-March.
Abbott represents House District 18, which includes portions of Elkhart, Kosciusko, Noble and Whitley counties.