WSP09166

• File Number: 5960
• Description: Flood Protection Section - Miscellaneous Publications
• State: CO
• Basin: Statewide
• Date: 9/1/1981
• Author: FEMA
• Title: Multi-Government Management of Floodplains in Small Watersheds - Federal Emergency Management Agency
• Water Supply Pro - Doc Type: Report/Study

001172

of a district. For instance, a watershed
management district may correspond to
the watershed with which it is con-
cerned. This means that its authority can
extend throughout its area regardless of
municipal boundaries. Also, the costs of
district activities may be allocated to
those who primarily benefit through a
tax levy on property within the district
territory .
The special district is thus a two.edged
sword for floodplain management. On
the one hand, its territorial, fiscal, and
legal flexibility obviously recommends it
as a means for overcoming the fragmen-
tation of general purpose governments.
On the other hand, the proliferation of
special districts of disparate type, func-
tion, size, and outlook can greatly ag-
gravate this fragmentation. To the extent
that localism is the main reason for
forming such districts, they may be even
greater obstacles to the wise manage-
ment of floodplains than general purpose
governments. Once formed, special dis-
tricts are practically impossible to dis-
solve or reorganize. There are promising
examples, however, of special districts
(such as the Du Page County Forest Re-
serve District-see Case Study 3 in Part
II) whose powers are redefined by stat-
ute or administrative interpretation to
encompass floodplain management ac-
tivities. In other cases, a brand new spe-
cial district like the San Francisco Bay
Conservation and Development Commis-
sion may be created specifically to man-
age a resource that overlaps many politi-
cal jurisdictions.

4. Counties

All land within the continental United
States lies within some county (except
Connecticut. where they have been
abolished). Counties normally are vested
with the powers to plan and zone land in
"unincorporated areas " (outside incor-
porated municipalities). The actual
powers and functions of counties varJ
widely. Rural counties usually do not en-
gage in planning or zoning of any land
use, let alone floodplain management.
Large metropolitan counties such as Du
Page County, lllinois, and Ramsey
County, Minnesota (see Case Studies 3
and 5) undertake elaborate programs for
the management of land including flood-
plains within their jurisdiction. In part,

this may take the form of collaboration
with local governments and special dis-
tricts to promote coordination through
consensus. In other cases, counties may
be authorized to exercise direct power
over floodplain development even within
incorporated areas. Much depends upon
the statutory and political context in
which a county functions. In their size
and general authority, however, counties
are in a position to playa more impor-
tant role in floodplain management than
they have to date.

5. States

States traditionally have played little
role in land use management in the U.S.
Although they are vested with sovereign
powers under our federal system of gov-
ernment, states have generally delegated
their land use authority to local govern-
ments. In so doing, most states abdicated
any interest in the substantive results of
local planning and zoning. This was par-
ticularly true in the case of floodplains.
In recent years, however, several states
have begun to assert a statewide interest
in flood loss reduction, preservation of
wetlands, coastal zone management, and
related objectives. Legislative measures
can take many fonns: for example, they
can include the licensing of obstructions
to navigation and flood control works,
regulations to protect "critical areas"
(which are often defined to include
floodplains), and coastal and inland wet-
land programs. In some states-notably
Minnesota, Wisconsin, and New York-
local governments are required to adopt
floodplain zoning consistent with statefcriteria. Failure to do 80 results in direct
state adoption of regulations for that
community.
The National Flood Insurance Pro-
gram has recognized the potential role
of states in floodplain management.
"State assistance grants" are being made
to facilitate development of programs in
each state. It is unlikely in most cases
that states will entirely take over flood-
plain authority from local governments.
Rather, their role is usually viewed as
facilitating improved management by
local governments, with increasing em-
phasis on the need for cooperation be-
tween sub-state units in the management
of common watersheds and floodplains.

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