MARVIN MANDEL, Governor                                  1903

PRACTICABLE EXTENT TO PROTECT AGAINST DANGER TO LIFE

[[OR]], DANGER TO WATER QUALITY, OR DANGER TO PROPERTY

FROM:

(1)    WATER WHICH MAY BE BACKED UP OR DIVERTED
BY THE USE;

(2)    AN OBSTRUCTION SWEPT DOWNSTREAM; AND

(3)    CONSTRUCTION OR ALTERATION OF AN
OBSTRUCTION WITHIN THE INTERIM FLOOD HAZARD AREA.

(C)    A USE WITHIN AN INTERIM FLOOD HAZARD AREA MAY
NOT BE AUTHORIZED UNLESS THE PERSON PROPOSING THE USE
DEMONSTRATES TO THE APPROPRIATE SUBDIVISION:

(1)    THAT THE PROPOSED USE WILL BE PROVIDED
WITH ADEQUATE DRAINAGE;

(2)    THAT SUPPORT SYSTEMS FOR THE USE SUCH AS
WATER AND SEWERAGE FACILITIES, ROAD, AND OTHER UTILITIES
WILL BE ADEQUATELY FLOOD PROOFED;

(3)    THAT THE USE WILL NOT INCREASE THE
SURFACE WATER ELEVATION OF THE 100 YEAR FLOOD EVENT BORE
THAN THE INCREMENT OF FLOOD ELEVATION SPECIFIED BY THE
DEPARTMENT; AND

(4)         THAT ALL PERMANENT STRUCTURES ASSOCIATED

WITH THE USE SHALL BE FLOOD PROOFED TO WITHSTAND A 100
YEAR FLOOD.

(D)     (1) IF A SUBDIVISION ELECTS, THE DEPARTMENT,
IN CONSULTATION WITH THE SUBDIVISION, SHALL PREPARE RULES
AND REGULATIONS GOVERNING USES WITHIN THE INTERIM FLOOD
HAZARD AREAS OF THE SUBDIVISION PURSUANT TO THE
PROVISIONS OF THIS SECTION. THE SUBDIVISION SHALL THEN
ADOPT THESE RULES AND REGULATIONS.

(2)    IF A MUNICIPALITY ELECTS, THE COUNTY, IN
CONSULTATION WITH THE MUNICIPALITY, MAY PREPARE THE RULES
AND REGULATIONS NECESSARY UNDER THIS SECTION. IF THE
COUNTY DOES NOT AGREE, THE DEPARTMENT, IN CONSULTATION
WITH THE MUNICIPALITY, SHALL PREPARE THE RULES AND
REGULATIONS. THE MUNICIPALITY SHALL ADOPT THE RULES AND
REGULATIONS PREPARED FOR IT.

(3)    THE DEPARTMENT SHALL ALSO PROVIDE
TECHNICAL ASSISTANCE TO SUBDIVISIONS [[TO INTERPRET FLOOD
INFORMATION AND DRAFT]] IN THE INTERPRETATION OF FLOOD
INFORMATION AND THE DRAFTING OF LOCAL REGULATORY MEASURES
AS REQUIRED BY THIS SECTION.

8-9A05. COMPREHENSIVE FLOOD MANAGEMENT PROGRAM.

(A) BY JANUARY 1, 1977, THE DEPARTMENT, AFTER
CONSULTATION WITH AND CONSIDERATION OF, RECOMMENDATIONS
SUBMITTED BY SUBDIVISIONS AND THE DEPARTMENTS OF STATE