TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3706 REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS
SECTION 3706.650 GOVERNMENT PROJECTS
Section 3706.650 Government Projects
a) Government projects for flood damage control or other water management purposes authorized by law which do not meet the specific requirements but do not meet the intent of this Part will be permitted provided:
1) The project does not increase flood damage potential.
2) Any increase in flooding above, below, or through the project area is compensated by project design.
3) The plans, specifications and provisions for securing required land rights have been approved by the Department.
4) A sponsoring agency is authorized and has accepted full responsibility for operation, maintenance, and repair of the project.
b) For purposes of this Part, government projects are those undertaken by units of government which possess condemnation powers and which can reasonably be assumed to have an infinite life.