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Committee approves floodplain ordinance rewrite required for federal flood insurance participation

5462243 · April 29, 2025
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Summary

Council staff presented a repeal‑and‑replace ordinance (Bill 23‑25) that adopts a model floodplain ordinance required by FEMA and Indiana DNR for participation in the National Flood Insurance Program; committee voted to send it to the Committee of the Whole with a favorable recommendation.

City Attorney Jenna Throw and Building Commissioner Randy James told the Public Works and Property Vacation Committee that Bill 23‑25 replaces Chapter 6, Article 9 of the municipal code with a more detailed, state‑model floodplain ordinance required for South Bend’s continued participation in the National Flood Insurance Program.

“The updates to the current provisions of chapter 6, article 9 were required by FEMA and Indiana DNR to allow the city to participate in the national flood insurance program,” Jenna Throw said. Randy James, the building commissioner, noted the city already issues floodplain development permits and that the ordinance formalizes and expands definitions, permit requirements, protections for critical facilities, enforcement language and an appeals process.

Staff said the ordinance is the Indiana DNR model and required multiple submissions to gain state approval; adopting it preserves coverage under the federal program for properties in the city. Committee members asked whether the new ordinance is a repeal and replace; Throw confirmed it is. Staff referenced the program covering participants across the county and cited an insured‑value figure during the discussion (speakers exchanged $8,000,000 and later $18,000,000 in coverage figures for participating properties and participants). There were no public speakers.

A motion to send Bill 23‑25 to the Committee of the Whole with a favorable recommendation passed on a roll call (five ayes). Staff said no immediate capital expenditures are required from the city; the ordinance updates regulatory language and the permitting framework to meet state and federal requirements.

Votes at a glance: Bill 23‑25 — motion to send to Committee of the Whole with a favorable recommendation; outcome: approved by committee (5 ayes).