Text: HF00494 Text: HF00496 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.276, Code 2003, is amended to read
1 2 as follows:
1 3 455B.276 FLOOD PLAINS – ENCROACHMENT LIMITS.
1 4 1. The commission may establish and enforce rules for the
1 5 orderly development and wise use of the flood plains of any
1 6 river or stream within the state and alter, change, or revoke
1 7 the rules. The commission shall determine the characteristics
1 8 of floods which reasonably may be expected to occur and may
1 9 establish by order encroachment limits, protection methods,
1 10 and minimum protection levels appropriate to the flooding
1 11 characteristics of the stream and to reasonable use of the
1 12 flood plains. The order shall fix the length of flood plains
1 13 to be regulated at any practical distance, the width of the
1 14 zone between the encroachment limits so as to include portions
1 15 of the flood plains adjoining the channel, which with the
1 16 channel, are required to carry and discharge the flood waters
1 17 or flood flow of the river or stream, and the design discharge
1 18 and water surface elevations for which protection shall be
1 19 provided for projects outside the encroachment limits but
1 20 within the limits of inundation. Plans for the protection of
1 21 projects proposed for areas subject to inundation shall be
1 22 reviewed as plans for flood control works within the purview
1 23 of section 455B.277. An order establishing encroachment
1 24 limits shall not be issued until notice of the proposed order
1 25 is given and opportunity for public hearing given for the
1 26 presentation of protests against the order. In establishing
1 27 the limits, the commission shall avoid to the greatest
1 28 possible degree the evacuation of persons residing in the area
1 29 of a floodway, the removal of residential structures occupied
1 30 by the persons in the area of a floodway, and the removal of
1 31 structures erected or made prior to July 4, 1965, which are
1 32 located on the flood plains of a river or stream but not
1 33 within the area of a floodway.
1 34 2. a. The commission shall cooperate with and assist
1 35 local units of government in the establishment of encroachment
2 1 limits, flood plain regulations, and zoning ordinances
2 2 relating to flood plain areas within their jurisdiction.
2 3 Encroachment limits, flood plain regulations, or flood plain
2 4 zoning ordinances proposed by local units of government shall
2 5 be submitted to the department for review and approval prior
2 6 to adoption by the local units of government. Changes or
2 7 variations from an approved regulation or ordinance as it
2 8 relates to flood plain use are subject to approval by the
2 9 commission prior to adoption.
2 10 b. The encroachment limits, flood plain regulations, and
2 11 flood plain zoning ordinances proposed or adopted by local
2 12 units of government shall prohibit the issuance of any
2 13 building or development permits for building or development in
2 14 or within one thousand feet of a flood plain if the building
2 15 or development is reasonably likely to substantially increase
2 16 the quantity of discharge of water into a watercourse or onto
2 17 the land of another, or is reasonably likely to change the
2 18 manner of discharge of water in a manner that substantially
2 19 increases the risk of flooding, unless the increased risk of
2 20 flooding is mitigated by flood control measures, financial
2 21 assurance against damage, or both.
2 22 c. Individual applications, plans, and specifications and
2 23 individual approval orders shall not be required for works on
2 24 the flood plains constructed in conformity with encroachment
2 25 limits, flood plain regulations, or zoning ordinances adopted
2 26 by the local units of government and approved by the
2 27 commission.
2 28 EXPLANATION
2 29 This bill prohibits local units of government, when
2 30 adopting encroachment limits, flood plain regulations, and
2 31 flood plain zoning ordinances, to prohibit the issuance of
2 32 building or development permits for building or development in
2 33 or within 1,000 feet of a flood plain if the building or
2 34 development is reasonably likely to substantially change the
2 35 amount of water discharged into a watercourse or onto the land
3 1 of another, or is reasonably likely to change the manner in
3 2 which water is discharged that substantially increases the
3 3 risk of flooding, unless the increased risk of flooding is
3 4 mitigated by flood control measures, financial assurance
3 5 against damage, or both.
3 6 LSB 2672HH 80
3 7 rh/sh/8
Text: HF00494 Text: HF00496 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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