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<br />I <br /> <br />I <br /> <br />the date of the hearing. <br /> <br />In section 4.1. again in the permit section. I assume that in the usual <br />case the permit will be granted or denied by someone in the county or <br />city administration. I would like to point out that it is an incredible <br />burden at that point for an affected party or citizen to go directly to <br />district court, because this is an enormous step to take. You have to <br />hire an attorney and automatically you are going to get into a great <br />deal of cost. So rather than leaving it to the city and county to <br />establish an intermediate appeal procedure, it would appear to me that <br />directly in this model regulation you suggest that they go to some <br />civil body for an intermediate procedure. This could be the board of <br />adjustment. it could be the planning board. or it could even be in case <br />of the city. the city councilor in the case of the county. the county <br />commissioners. But I think this is really a very important point. As <br />I said, it is too great a burden. I am an attorney and I know. It is <br />too great of a burden for a citizen or affected party to have to go <br />directly to the court in order to seek relief. <br /> <br />Mr. Stapleton: Mrs. Wright. may I interrupt? It looks like to me we <br />have that in subparagraph (4) on page 8. <br /> <br />Mrs. Wright: Okay. As I said, when I found out that there really was <br />a new draft. I just got a copy of it, and perhaps this is one of the <br />inserts. Okay, if you have taken care of it. <br /> <br />Mr. Stapleton: You might take a look at it briefly there. <br /> <br />Mrs. Wright: What page is it on? <br /> <br />Mr. Stapleton: Page 8, subparagraph (4). <br /> <br />Mrs. Wright: Great~ Okay, that is just fine. <br /> <br />My final comment speaks to the difference in criteria between the non- <br />residential and residential low hazard zones. I was very. very pleased <br />initially to see the one foot depth.and the three feet velocity, <br />because what they are actually talking about here is encroachment lines. <br /> <br />In the low hazard zone there will be filling. there will be buildings. <br />and what is left open is where we need to get the flood flows through. <br />Now that we have the difference between the residential and nonresiden- <br />tial. it seems to me that our encroachment line is going to zig zag all <br />over the place. It is not going to depend on where waters go and where <br />the flood flow needs to go. but it is going to depend on what kind of <br />zoning at anyone period in time happens to be on a piece of land. <br />We could have a residential zone immediately downstream from say a <br />commercial and industrial zone, there the encroachment line going much <br />further with a byproduct of seven. So that it seems to me we are <br />looking at artificial zoning lines, rather than what nature is actually <br />going to do. We are very disappointed that we now have a product of <br />seven in a nonresidential area. Thank you. <br /> <br />Mr. Stapleton: Mrs. Wright, I am sure you understand that these are <br /> <br />-50- <br />