About three feet of water filled Jessica Arviso’s living room when the White River flooded the Ravenswood neighborhood on the north side of Indianapolis starting Aug. 14. Her home is the fifth on her street from the river. Water soon climbed up to five feet high outside, ruining everything on her first floor — including her kitchen and laundry appliances, a drum set, the cabinets and the walls.
Arviso’s partner and stepfather started removing carpeting, drywall and insulation as soon as they could. Since then, they have faced structural, plumbing and insurance issues.
“We had to tear everything out because it would have been mold, and we would have lost the whole entire house. So we basically put everything — you know, as much as we could — upstairs,” she told WFYI the week after the flood. “We didn’t know it was going to be this bad. We didn’t have time to put anything up. We had no idea.”
Arviso is one of 569 households across four neighborhoods who received a letter this month from the city’s Department of Business & Neighborhood Services (DBNS) warning that repairs to their flood-damaged homes may trigger permitting requirements in the city flood damage rules.
The letters — sent three weeks after the White River flooded Ravenswood, Rocky Ripple, Keystone at the Crossing and Broad Ripple — set off confusion and fear among residents like Arviso already in mid-repair.
Now, the city acknowledges the rollout caused alarm.
“Those letters came out, and I know that they were very scary,” DBNS Director Abbey Brands told WFYI. “In hindsight, there’s a lot of different things we should have done as far as how we communicated this and got this out.
The letters — from the city’s flood administrator Maurice Higgins — identified Arviso’s home as a “possible damaged structure” in the city’s flood hazard zone. It said “reconstruction or repair activity” would require floodplain development permits and urged them to contact DBNS.
“We’ve already, you know, been trying to move forward, and then we got this letter,” Arviso said last Friday. “This is like a month after we’ve already tore a whole house apart. So we’re obviously willing to follow whatever requirements we need to follow. We just need more clear information so we know what we’re supposed to do in the guidelines.”
DBNS manages development in the Marion County floodplain. The letters were part of the second phase of its flood response — permitting. Brands told WFYI that the letters were not intended to alarm residents but had to go out as soon as possible. The city mailed them on Sept. 4.
“We can only move forward from now. But I just, I want to reiterate, like, folks should reach out to us. We really want to be helpful as they plan their next steps.”
Damage assessment letters
Brands told WFYI that those letters were informed by rapid damage assessments of about 4,000 inspections that 35 DBNS staff conducted using a FEMA cost estimator tool the week after the flood. She said the city had to send the letters to residents and get compliance as part of FEMA requirements for communities participating in the National Flood Insurance Program. That compliance gets qualifying residents a 10% discount on flood insurance — and qualifies the city for disaster aid.
“These letters have nothing necessarily to do with FEMA or FEMA relief,” she said, referring to the agency’s disaster aid.
Many homes in residential neighborhoods may have been built prior to the adoption of those standards. But now that the properties are damaged from the August flood, redevelopment may require getting permits from DBNS and complying with current floodplain standards.
Depending on DBNS’s damage assessments, residents received one of three letters:
- A damage notice: The letter says a structure may have been damaged and based on previous permitting history, repairs would require the homeowner to come into compliance with the city’s flood code.
- Non-substantial damage determination: The letter says estimated damage is less than 50% of the home’s pre-flood assessed value and can be repaired to its pre-flood condition, so long as it doesn’t exceed 50% of the assessed value.
- Substantial damage determination: The letter says the estimated damage is 50% or more of its pre-flood assessed value and should be brought into compliance with current standards.
That 50% threshold comes from a FEMA rule that intends to balance some repairs with the threat of future floods causing more damage.
“They are not a finite decision,” Brands said. “So if somebody has a quote from a contractor or is able to provide an appraisal — if someone just comes to us and says, ‘Hey, you know, you guys sent me a letter because, you know, you assume there’s damage here. There isn’t damage here.’ We’ll say great, thanks for letting us know, we’ll evaluate it.”
Brands said all letters have been mailed to homes and that, last week, its flood team went door-to-door to try to reach people. DBNS staff also attended the state’s disaster recovery hubs in Marion County last week.
“If you have concerns or you want to have a conversation about what our initial finding was, like, please do. We want to have the conversation,” she said of residents who have received letters.
Elevating homes for future floods
Some homeowners may face tough decisions — including elevating the residential structure — particularly if they are over the 50% damage threshold, located in the flood hazard zone, and out of compliance with the city’s flood regulations.
“In many cases, we are talking about raising structures,” said Brands. “It’s very case by case, and that’s why we want people to come and talk to us, so we can work through what the best option is for them, or at least the best option that we can see.”
The substantial damage letters mention a FEMA program called the Increased Cost of Compliance program, which can offer up to $30,000 for qualifying flood insurance policy holders to elevate their home, demolish the structure, or relocate the home. These policies aim to move people out of harm’s way when they face a risk of repeated damage from future floods.
“I’m not going to demand that someone elevates their home. I think the question is, if that is the only way you can come into compliance with those regulatory standards, that’s going to be a question the property owner has to answer,” Brands said.
“I think there’s going to be a lot of really tough decisions ahead for a lot of people in those areas, and… it’s just very difficult.”
Permits for flood repairs
For certain development in the floodplain, including some repairs after a flood, Indianapolis requires permits. Some of these standards were adopted from FEMA regulations. The city recommends homeowners assume they will need a floodplain development permit before beginning repairs, documenting all damage with photos and videos, and strongly urges people to reach out to DBNS.
Brands said the department wants to be helpful to residents facing recovery. The department’s permitting team can “handhold people through the process” and will ensure residents avoid permit fees due to the temporary waiver for people in the floodplain.
If someone attempts to use the city’s Accela Citizen Access permitting system without contacting the department, they will be charged.
On Aug. 20, Mayor Joe Hogsett signed an executive order waiving certain fees for repairs to flood-damaged homes that expired over the weekend. The waiver was extended through Oct. 13.
If someone plans to remove or demolish a structure, someone will need a licensed wrecking contractor and a wrecking permit. Building a new structure — or changing the height or footprint of an existing structure — will require an improvement location permit and a structural permit.
Structural permits are required for:
- Replacing or adding framing, including interior framing that isn’t load-bearing; roof trusses and joists, more than one roof rafter, or over 128 square feet of roof decking; windows or doors with something different than was previously there
- Building a new structure, including one identical to a demolished structure
- Foundation repairs or replacements
Someone who needs to repair or replace any electrical, plumbing or mechanical systems will likely need a permit and only licensed professionals can obtain electrical, plumbing or heating and cooling permits.
However, certain work on a single-family home does not require a permit, according to the city:
- Removing and replacing drywall; fixtures and finishes like cabinets, toilets and carpets; a water heater; windows or doors of the same size and location; and insulation; shingles
- Adding temporary bracing or shoring of walls to prevent additional damage
- Certain roof repairs: some reroofing that doesn’t replace more than a single rafter or removing no more than 128 square feet of roof decking
- Short-term dumpster placement in a driveway or yard
The city has compiled resources on the substantial damage evaluations and floodplain development permits.
Many people have already started on repairs — including to clear out mold — without permits. Brands said while everyone should contact DBNS, they will not be faulted for some work that has already been completed.
To contact DBNS about permitting or damage notices, call 317-327-7800 or email PermitQuestions@indy.gov or flood@indy.gov.
Contact WFYI data journalist Zak Cassel at zcassel@wfyi.org.
