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<br />001179 <br /> <br />to common purposes. Such informal <br />agreements, however, are not legally <br />enforceable. <br />Intergovernmental agreements are <br />presently used for various public pur- <br />poses such as coordination of police and <br />fire protection, water and sewage fa. <br />cilities, solid waste disposal, and so <br />forth. Depending upon state law, agree. <br />ments may also involve different level! <br />of government, such as federal-local, <br />state-special district-local, etc. <br /> <br />Intergovernmental contracts fre- <br />quently are used in the development of <br />structural flood control projects. Chan- <br />nelization and flood control measures <br />along the Upper Salt Creek in Cook <br />County, illinois, for instance, involves an <br />agreement between the federal govern- <br />ment, the state, and several municipali- <br />ties and special districts. Such contracts <br />or agreements are more unusual in the <br />nonstructural floodplain management <br />context. Several are discussed in the case <br />studies in Part II (see particularly the <br />Charles River and Maryvi\\e cases). <br />An important unanswered question is <br />whether intergovernmental contracts <br />or agreements may create mutually en- <br />forceable policies regarding floodplain <br />management regulations. Certainly com- <br />munities may agree through a memo- <br />randum of understanding to adopt com- <br />parable sets of regulations. It is not clear, <br />however, whether this gives either com. <br />munity rights against the other in th, <br />event that such regulations are nol <br />adopted or enforced. In many Corps 01 <br />Engineers projects, nonfederal entitiel <br />agreed to implement land use regula. <br />tions. Presumably, failure to perform <br />would be actionable in a court of law. <br />By analogy, there would seem to be no <br />reason why communities could not bind <br /> <br />themselves to adopt and enforce regula- <br />tions. This would be a powerful tool for <br />multi.govemmental management of <br />floodplains. <br /> <br />8. Extraterritorial Powers <br /> <br />A final technique to be considered is <br />the possible use of extraterritorial <br />powers by a county or local government. <br />The rules on extraterritorial power vary <br />greatly from one state to another. Some <br />states allow local governments to adopt <br />zoning for areas within a specified dis- <br />tance outside their boundaries. Land <br />acquisition outside the corporate limits <br />may be authorized, although usually not <br />through the use of eminent domain. Nor- <br />mally, the consent of the jurisdiction in <br />which the land is located must be ob- <br />tained. This may in turn require an inter- <br />governmental agreement, as in the Lily- <br />dale case study in Part II. <br /> <br />Conclusion <br /> <br />Part I has reviewed the nature of flood <br />hazards and forms of response by which <br />flood damages may be avoided or miti- <br />gated. We have noted that the manage- <br />ment of floodp1ains is shared by count- <br />less units of government: national, state, <br />county, and local-as well as millions of <br />property owners. Any strategy to reduce <br />flood losses therefore depends upon co- <br />ordinated action by multiple units of <br />government-none can do the job alone. <br />We have summarized a variety of tech- <br />niques available for achieving multi- <br />governmental action in floodplains. Now <br />we may turn to some real life examples <br />of how public authorities can work <br />with-or against-each other in coping <br />with their mutual flood problems. <br /> <br />25 <br />