The attached rule language is subject to change as the provisional rule proceeds through the rulemaking process. A finalized version will be published upon final approval.
Pursuant to Executive Order 26-22, certain cleanup activities associated with the recent flooding across the state during the month of August may be repaired or reconstructed without prior approval from the DNR under IC 14-28-1 and 312 IAC 10. Documentation needs to be submitted to the Department within 30 days of completion of the project for after-the-fact authorization. This information can be submitted to the Division of Water by email at water_inquiry@dnr.in.gov or by mail to 402 West Washington Street, Room W264, Indianapolis, IN 46204.
Authorization under the provisional rule related to Executive Order 26-22 is limited to the repair or reconstruction of damaged roads, bridges and culvert crossings, and the stabilization and repair of unstable streambanks, that occurred during the flood event associated with the disaster emergency declared by Executive Order 26-21.
Work authorized by this rule needs to be completed by Sept. 4, 2027, unless written approval is obtained from the Department for an extension of time to complete the project under this authorization.
This rule does not apply to work within a salmonid stream designated under IC 14-25-15-7(b) without the prior written approval of the department’s division of fish and wildlife or within a natural scenic, or recreational river or stream designated under 312 IAC 7-2. For prior approval in a salmonid stream, contact the division of fish and wildlife at DFWEnvironmentalUnit@dnr.IN.gov with details of your project including location.
Additional information regarding the covered activities and criteria can be viewed in the rule document.
Note that work that does not conform to the details of this rule is not authorized to begin in an emergency status. Contact the Division of Water with questions at water_inquiry@dnr.IN.gov or 317-232-4160, option 1.
In addition to this emergency authorization, several projects in a floodway are exempt from the formal permitting process including the removal of logjams and the removal of trees while leaving stumps in place. See the Division's exemption webpage for more information on these and other permit exemptions.
It's important to note that the reconstruction of flood-damaged homes requires coordination with your local Floodplain Administrator, but when needed, can also receive expedited approval through the DNR. The reconstruction of flood-damaged homes is not covered under the rule mentioned above. Before getting started with reconstructing or repairing your home, you need to make sure a damage assessment was completed for your structure by a local official following the flood event. A substantial or non-substantial damage assessment is critical in directing you toward the appropriate next steps.
If your home has been determined to be substantially damaged and you plan to reconstruct on the same footprint with no fill added, you should follow the criteria outlined in IC 14-28-1-24(b)(2) as outlined on our webpage. The information listed there should be submitted to the Division of Water at water_inquiry@dnr.IN.gov for an expedited review and approval process.
