Sec. 21A-79. Determination of impact drainage areas.
(a) General. The Department of Planning and Building is authorized, but is not required, to classify certain geographical areas as impact drainage areas and to enact and promulgate regulations which are generally applied. In determining impact drainage areas, the Department of Planning and Building shall consider such factors as topography, soil type, capacity of existing regulated drains and distance from adequate drainage facility. The following areas shall be designated as impact drainage areas, unless good reason for not including them is presented to the Department of Planning and Building:
(1) A floodway or floodplain as designated by the Indiana Department of Natural Resources;
(2) Land within seventy-five (75) feet of each bank of any regulated drain;
(3) Land within seventy-five (75) feet of the centerline of any regulated drain tile.
Land where there is not an adequate outlet, taking into consideration the capacity and depth of the outlet, may be designated as an impact drainage area by resolution of the Plan Commission. Special requirements for development within any impact drainage area shall be included in the resolution.