The 10/5/05 minutes of the Natural Resources Study Committee has a discussion of the DNR and its policies with respect to enforcing the law against rebuilding in a floodway. Apparently it’s DNR policy not to enforce that law. If we’re serious about keeping homes out of floodways, it really has to be the State that enforces it. Politically, it’s almost too difficult for local officials to be outstanding enforcers. As good as the policy is in the abstract, it’s really tough to tell your friends and neighbors they can’t rebuild on their own property after a flood hits. But, this isn’t a mystery. The area will flood again. It’s just a question of when.
Residential Construction in Floodways. George Bowman, DNR Assistant Director of the
Division of Water, provided an overview of the Flood Control Act (FCA) The FCA was passed in 1945. In 1913 Indiana experienced its worst flooding with extensive flooding occurring again in 1943. Generally, no residences are allowed in floodways.Amendments to the FCA allowed for the placement, reconstruction, and improvement of residences in certain circumstances. An abode damaged by floodwaters (except in the Ohio River floodway) may not be restored to its pre-damaged condition if the damage is determined to be substantial or constitute reconstruction. In 2005 hundreds of homes that were located in a floodway were substantially damaged. Substantial damage occurs when the cost of repairs is greater than 50% of the original cost of the structure.
Director Hupfer asked that legislators examine the law and ratify it. He asked that legislators determine if current exceptions and rules are the will of the General Assembly. Local communities need to enforce building requirements that allow people to get permits to build in floodways.
Senator Young stated that residences along the Ohio River are an exception because the Ohio River does not flash flood. However, people can not obtain flood insurance, so they build the property at their own risk and expense.
Director Hupfer stated that the DNR is not enforcing the prohibition on rebuilding in a floodway based on precedent, but that DNR will now enforce the law. The legislature must decide whether to change it.
Senator Young indicated that he assumed that laws that were passed were enforced.Director Hupfer mentioned that the Wabash River flooded over 400 homes that were in the floodway and were substantially damaged. In 2003, 573 residents requested buy-outs. The DNR determined that only 189 were substantially damaged. Only $2 M was available to buy the homes, which allowed for the acquisition of around 25 residences. Construction in the floodway could affect flood insurance. He encouraged local communities to enforce the law and not allow new construction in floodways. Approximately 10-12% of homes in the floodway have insurance. If it is the legislature’s will that residences not be reconstructed, then that is what the DNR will enforce. The DNR has an obligation to enforce the law.
Senator Weatherwax noted that reconstruction of flood-damaged homes costs everyone. Developers who construct in floodways should be liable. Senator Lewis indicated that when Utica was flooded in 1997, the town was moved to higher ground. Some people would have rebuilt in the same location if they had not been forced to move.
Representative Hoffman mentioned that in some cases, counties issue permits to rebuild that the state would not have allowed. People rebuild before the state becomes aware of the reconstruction.
I might be wrong, but I’m not convinced the special dispensation given to the Ohio River area has a lot to do with that river being distinct from other rivers as far as flooding is concerned. I think it had more to do with political muscle of legislators from that area at the time the bill was passed.
Leave a Reply