Flood plain maps putting new problems in place

Mar. 27—A state legislative committee is trying to sort out some increasing disputes over flood plains in Indiana. Earlier this week a House committee on Natural Resources heard a Senate bill (SB 242) that would allow flood plain administrators to use older flood plain maps in making decisions on building. The committee passed the measure, but Chairman District 63 Representative Shane Lindauer, R-Jasper, says the flood plain issue is much more complicated than maps.

"It's not simple. In 2018-19 the state did come up with floodplain maps. Part of the reason for that was that FEMA has only mapped a third of the state. You have local flood plain administrators who are in the national flood insurance program county. If you are a floodplain administrator you are required to operate under the best available data. That is the best available data whether it is state, federal, local or even as the result of an individual survey," said Lindauer. "Because FEMA has not mapped the majority of the state, DNR did a big push to map the state and put that information on the state website to make it available to the local flood plain administrators and individuals. Once that went on line there became a new tool for flood plain administrators."

Even though flood plain administrators are required to use the latest maps under federal law, some state officials question the veracity of the DNR maps.

Senator Jean Leising, R-Oldenburg, told the committee that under the DNR map the entire Wayne County community on Jacksonburg was listed in a flood plain.

Many other people claim they woke up in a home that was suddenly considered in a flood plain.

"It has become a complicated issue with a lot of layers. Without the state being mapped a lot of people didn't know where the flood plains were. Now, they are finding the home they have been in for 40 years is now in a floodplain," said Lindauer. "We had a piece of testimony that a couple found out their home was in a floodplain, but when they went to build a garage the county administrator told them that they have to build the garage seven feet higher than the house."

Lindauer says that the good news for many of the people who have been determined to be in the flood plain are not going to have to move or abandon their property.

"The house is grandfathered in if it was built before the flood plain was established. The thing is that while the house is fine, any additional structures like a garage or anything new has to meet the new standards," he said. "The district I represent has a lot of rivers running through it. I heard a lot of people tell me they have lived somewhere and while we have had some significant floods along the White River over the last couple of decades, the water has never been close to their home. Still, they are told they are in a flood plain. That is the crux of the issue."

The legislature is hoping to find a solution to the problem the new and sometimes questioned maps create. That is something that may not happen this session.

"I am not sure exactly what the answer is here. We are in the midst of a study that started last year looking at these issues. That committee is scheduled to meet three more times. They are trying to figure out the best course forward. DNR has acknowledged that they did not roll the program out well. There should have been more education with the local flood plain administrators so that everyone is on the same page as far as what is going on," said Lindauer. "What we did in committee does not change the fact that there is a federal law in place that has nothing to do with DNR or the state that says if your county participates in the federal flood insurance program you have to use the best available maps."

He says the committee is looking to find a way to tap the brakes on flood plain enforcement and maybe even provide a remedy for property owners who question whether they are in such an area.

"What we are trying to do in the committee is slow things down a little bit that we can and get a better look on how we can go forward in the future," said Lindauer. "Part of this was wrapped up in the DNR agency bill and we put some language in there as well that tied into this that would allow people the option to seek out a survey that might be able to contest whether a specific area is in a flood plain. It gives people an avenue to challenge whether they are in a floodplain."

In the meantime, Lindauer says DNR is going to be looking at the maps to see if there are mistakes that need correcting.

"DNR has acknowledged that some of these maps might be wrong and they are willing to look at it and see whether they got it wrong. DNR is saying that they do not believe their maps are the be-all, end-all in the process," he said. "It is a complicated issue. People are being told they are in a flood plain when they did not know they were in one. Of course, it is also possible there were just mistakes."

Flood plains have been an issue for a couple of years in southern Indiana. In particular there was a dispute between DNR and some cabin owners near Shoals near the East Fork of the White River. The matter was hotly contested before the legislature stepped in with a temporary fix.

"I was directly involved in that situation around Shoals. Senator Eric Bassler and I passed legislation that really extended the time clock for them. There were seven or eight cabins there that were issued notices of violation, because they had been built fairly recently and according to Indiana code and federal code did not meet the grandfather clause. There are other cabins that did along the White River but they had been in place for many decades," said Lindauer. "The legislation Senator Bassler and I passed bought them some more time to see if there is anything that can be done. That situation has not gone away. It is ongoing."

The fact is that the closer you get to a river the more regulators get involved. Even though the federal government will leave enforcement up to state and local agencies, multiple layers or rules and regulations are involved.

"There are no easy answers when it comes to floodplain issues. You can have IDEM and DNR involved on the state level," said Lindauer. "Then there are two or three federal agencies that supersede whatever we do on the state and local level. There is federal law, but they will allow the state to oversee the program. The state agencies have to enforce the federal laws and rules. Sometimes you have the Army Corps of Engineers, FEMA, EPA at times. Unpacking it all and figuring where the problems are won't be easy."

While the legislature continues to look for answers, there has been language inserted into another DNR bill that will require the agency to meet with flood plain administrators at least once every five years to make certain everyone knows the rules, the law and what they are supposed to be doing.