Submitted for use on Oct. 27, 2023
Word Count: 348
Indiana residents continue to struggle unnecessarily to build or sell their own land because restrictive state drainage laws have eroded property owners' rights without their knowledge.
During the 2022 legislative session, I authored Senate Enrolled Act 85 to establish the Drainage Task Force to study the responsibilities of landowners and state and local authorities under current land drainage laws, and recommend needed policy improvements.
After the task force's first year, I authored Senate Enrolled Act 242 during the 2023 legislative session to provide property owners some relief. SEA 242 repeals a provision that passed during the 2022 legislative session without proper vetting.
With this provision repealed, property owners now have the choice to ask a floodplain administrator to use state floodplain mapping or an engineering study when making permit determinations. Previously, the provision required floodplain administrators to use only the state's highly stringent floodplain mapping data when making permit determinations.
However, as I heard from many constituents, there was much more to consider regarding state drainage laws and how state agencies and local authorities handle floodplain matters. This is why the task force met again this interim to hear many experts and stakeholders explain how improper floodplain management creates consequences for property owners beyond land development.
Unfortunately, several members of the task force, which includes 12 legislators and seven governor-appointed individuals from organizations including the Indiana Department of Environmental Management and Indiana Department of Natural Resources, did not vote to formally recommend much-needed policy changes ahead of the 2024 legislative session.
While this is highly disappointing, it is now even clearer that lawmakers have more work to do. Our state government is responsible for providing fair and transparent services to Indiana residents, and as chair of the Senate Committee on Agriculture, I am still committed to upholding this responsibility by addressing these property rights issues in the future. I look forward to seeing legislation on this matter introduced during the 2024 legislative session.
If you have any questions or concerns on these or other topics, feel free to contact me at Senator.Leising@iga.in.gov or 317-232-9493.
-30-
State Sen. Jean Leising (R-Oldenburg) represents Senate District 42, which includes Decatur, Fayette, Ripley and Rush counties, and portions of Franklin, Jennings and Shelby counties.
Click here to download a high-resolution photo.
