Natural Resources Conservation Laws
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Chapter 6: Flood Plain and Stormwater Control Laws
State flood plain and stormwater control laws
ll of the states surveyed that have flood plain and stormwater control laws
specifically designate authoritative agencies to implement and enforce their
state laws and any rules or regulations adopted pursuant to these laws. Moreover,
these state laws authorize the counties, with their right of eminent domain, to
acquire public or private property for the purpose of providing flood control and
water outlets.
Although all of these laws authorize the municipalities or counties to adopt
municipal or local flood plain management regulations or ordinances, and require
the authoritative agencies to review and approve all municipal flood plain
management regulations, each state law is unique in this authorization. For
example, Pennsylvania requires each municipality that has been identified as
having an area(s) subject to flooding to participate in the National Flood Insurance
Program. The authoritative agency must promulgate regulations prohibiting the
construction or substantial improvements of structures in an area that has been
designated a flood hazard area. Each municipality having an area subject to
flooding must adopt flood plain management regulations. Flood plain management
regulations will be considered minimum standards for the management of flood
plains. These laws do not limit the municipality's power to adopt more restrictive
ordinances, codes, or regulations for the management of flood plains.
Alabama controls flood plains through a land-use management plan. Its law
authorizes the county commission to adopt zoning ordinances and building codes
for flood-prone areas. Moreover, the county commission is empowered with zoning
powers that allows it to divide the portion of the county within the flood-prone area
into districts to control flood plains more effectively. The California legislature
enacted a two-tier law regulating at the State and local levels, whereas the
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