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<br />an action. What is the definition or implication o;f the ,word, "injured"? <br />Do you have to 13how actual l:lSrltages? Or is it enough to show that there, <br />is a non-conforming use in the floodplain? ' <br /> <br />Mr. Sparks: The philosophy is that if these floodplains are enlarged <br />to any extent so as to cause flooding on other people's land, then they, <br />are injured. There can be no enlargement to the potential damage of <br />others. If water gets on other people's lands, we think they have an '" <br />actionable cause. <br /> <br />Mr. Stapleton: I think what Mr. Hobbs is really asking is whether or <br />not we can in the definition in 1, include some reference to courity, <br />state and federal entities. I think his question is, should it be <br />included? <br /> <br />Mr. Cornelius: Ben, might I state that there is a federal regulation <br />that no federal money may be used to construct buildings on designated <br />floodplains. I think there are people in the audience that know of <br />this regulation. <br /> <br />Mr. Sparks: This language is lifted from the atatutes. TPat is our <br />problem. Nearly everything in here is lifted from the statutes. We <br />didn't feel at liberty to enlarge upon the statutes. <br /> <br />Mr. Hobbs: If the statutory definition would include government enti- <br />ties, there may be a waiver. <br /> <br />Mr. Sparks: It may. This particular thing comes from the zoning regu- <br />lations of cities and counties. I am not sure whether the term is <br />defined or not. <br /> <br />Mr. Stapleton: Are there any further questions from members of the <br />board? If not, are there any members of our audience that would like <br />to comment on these regulations before we formally consider them? <br />Hearing none, I will entertain a motion that the proposed model flood- <br />plain regulations be adopted by the board. <br /> <br />Mr. Fetcher: I will move for their adoption. <br /> <br />Mr. Stapleton: Is there a second? <br /> <br />Mr. Pickrel: I will second it. <br /> <br />Mr. Stapleton: <br />by saying "aye" <br />are unanimously <br /> <br />Is there any; further discussion? All in favor signify <br />- opposed, 'no." The model floodplain regulations <br />adopted. (See Appendix A). <br /> <br />We will next go to item number 3 on the agenda. First of all, I would <br />like to apologize to the board that I was called to court at 10:00 <br />o'clock. Some of you will understand that sometimes takes a priority <br />and I apologize for that. <br /> <br />Am I correct, Mr. Director, that Black Gore and Gore are not included <br />under the considerations? <br /> <br />-7- <br /> <br />1 <br /> <br />1 <br />