Section 3708.40 General Provisions

Section 3708

Section 3708.40  General

Provisions

a)         It is not the intention of this Part to repeal, abrogate, or

impair any existing easements, covenants, or deed restrictions.  Where this

Part imposes more stringent restrictions than existing easements, convenants,

or deed restrictions, the provisions of this Part shall prevail.

b)         In their interpretation and application, the provisions of

this Part shall be held to be minimum requirements and shall not be deemed a

limitation or repeal of any other State Statutes or rules or Department

programs.  For example, if the Department owns land to which these rules apply,

lessees may be required to meet lease restrictions on proposed construction

activities in addition to this Part.

c)         This Part shall not create liability on the part of the

Department or any officer or employee thereof for any flood damages that result

from reliance on this Part or any administrative decision lawfully made

thereunder.

d)         If any part of this Part is adjudged unconstitutional or

invalid by a court of competent jurisdiction, the remainder of this Part shall

not be affected thereby.