TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER h: WATER RESOURCES PART 3706 REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS SECTION 3706.520 USE OF FLOOD FRINGE
Section 3706.520 Use of Flood Fringe
a) If computed as described in Section 3706.510 the flood fringe may be filled or otherwise used without significantly increasing flood heights, velocities or damages.
b) A wide range of uses may be permitted in the flood fringe providing such uses are protected to the regulatory flood protection elevation. Several methods may be used to provide this protection as specified in Section 3706.530. However, no use will be permitted which results in water pollution, increased sedimentation, internal drainage problems, increased threats of fire or other nuisance or threats to public safety. Protection of construction to the regulatory flood protection elevation must, in most instances, be provided through landfill. However, other methods of flood plain development which causes no significant increase in stage or velocity may be permitted if supported by adequate engineering data. Construction undertaken with a flood plain construction permit shall comply with the standard and special conditions of that permit.
c) Once an area has been filled or otherwise protected in compliance with an approved construction permit, subsequent construction within the protected area, above the regulatory flood protection elevation, may proceed without further permits if all local requirements such as zoning and building permits are met. |