Section 3708.80 Changes to the Regulatory Floodway

Section 3708

Section 3708.80  Changes to

the Regulatory Floodway

a)         The 100-year frequency flood profile and regulatory floodway

shall not be changed by the Department unless one of the following has

occurred:

1)         The original regulatory floodway delineation is shown by the

applicant's engineer to be in error based upon a review of physical data or the

mathematical model;

2)         There are changed conditions such as changes in land use or

modifications to the ground elevations which require modification of the

original regulatory floodway computations;

3)         A public flood control project has been constructed and is

operable; or

4)         The unit of local government exercising zoning control over an

area within its corporate limits proposes or concurs in the proposal that the

floodway storage or conveyance be relocated to facilitate development and a

unit of local government will either:

A)        Assume responsibility to operate and maintain any modifications

or improvements made to relocate the floodway; or

B)        Have the right and will agree, upon default of the party

primarily responsible for such operation and maintenance, to undertake such

operation and maintenance.

b)         Any person contesting the correctness of the delineation shall

be given an opportunity to submit his or her own technical evidence of error or

changed conditions.  The Department will review the technical evidence to

determine the correctness of the delineation

efault of the party

primarily responsible for such operation and maintenance, to undertake such

operation and maintenance.

b)         Any person contesting the correctness of the delineation shall

be given an opportunity to submit his or her own technical evidence of error or

changed conditions.  The Department will review the technical evidence to

determine the correctness of the delineation.

c)         Effective regulatory floodway conveyance or storage can be

relocated by moving the regulatory floodway delineation onto the existing flood

fringe property if the following criteria are met:

1)         It must be shown through engineering calculations that the new

regulatory floodway storage or conveyance gained effectively compensates for

lost regulatory floodway storage or conveyance;

2)         If the affected property is other than the applicant's or is

subdivided or proposed to be subdivided, convenants shall be obtained and

recorded on the affected properties to assure that they are maintained with the

existing and future owner's agreement as regulatory floodway storage or

conveyance areas;

3)         The regulatory floodway map is revised to include the new area

as regulatory floodway; and

4)         A notice of such regulatory floodway map change is recorded

with the affected parcel in the county recorder's office.

d)         After receipt of conditional approval of the regulatory

floodway change and issuance of a permit, construction as necessary to change

the regulatory floodway designation may proceed but no buildings or structures

or other construction that is not an appropriate use may be placed in that area

until the regulatory floodway map is changed.  The regulatory floodway map will

be revised upon acceptance by the Department and FEMA of the

"as-built" plans.

e)         The Department may require deed restrictions, performance

bonds or sureties, as-built certification or maintenance guarantees to assure

projects are built according to permitted plans

ppropriate use may be placed in that area

until the regulatory floodway map is changed.  The regulatory floodway map will

be revised upon acceptance by the Department and FEMA of the

"as-built" plans.

e)         The Department may require deed restrictions, performance

bonds or sureties, as-built certification or maintenance guarantees to assure

projects are built according to permitted plans.

f)         All field surveys as required by this Part shall be conducted

under the supervision of a registered professional engineer or registered land

surveyor, and shall be so sealed.  All required engineering analyses shall be

conducted under the supervision of a registered professional engineer or in the

case of a federal project, by the federal agency and shall be so sealed or

stated.