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Last modified
11/23/2009 10:51:19 AM
Creation date
10/4/2006 9:30:50 PM
Metadata
Fields
Template:
Floodplain Documents
County
Statewide
Community
State of Colorado
Stream Name
All
Title
Local Flood Proofing Programs
Date
6/1/1994
Prepared For
US Army Corps of Engineers
Prepared By
US Army Corps of Engineers
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />Other communities formed temporary committees for specific areas, Homewood, Illinois, <br />and Frankfort, Kentucky, developed their plans during a series of public meetings with <br />representatives from the affected neighborhoods, The planning process reviewed the costs <br />and benefits of all alternatives to help residents understand why their preferred projects might <br />not be feasible. <br /> <br />In some cases, residents may promote the idea of flood proofing, In Denham Springs, <br />Louisiana, residents had been waiting for years for State and Federal agencies to decide if a <br />large reservoir would be built. Planning for the reservoir had taken a long time because of <br />economic and environmental problems, Some residents felt that "they won't see a flood <br />control project before they die," They went to the Amite River Basin Commission, which <br />responded by starting a pilot project to demonstrate how to elevate homes and train local <br />contractors in the techniques. <br /> <br />Once there is general support for a flood proofing project, continuous contact with the <br />owners must be maintained. Details of the project plans must be worked out and their <br />participation in this task is vital. Homewood, Illinois, held a general meeting with just the <br />residents who would be assisted, followed by one-on-one meetings between the owners and <br />the architects during the design stage. <br /> <br />Prince George's County, Maryland, spends a great deal of time with the affected residents, <br />Construction plans account for the appearance of the final product and landscaping as well as <br />flood protection, A few minor projects, such as correcting utility line violations, may be <br />included at the County's expense to continue the good will with the owners. Contact with <br />the owners and their neighbors is continuous throughout planning and construction. One <br />contractor's supervisor estimated that each day he spent two hours on project supervision and <br />six hours on public relations, <br /> <br />3.5 Statutory Authority <br /> <br />Two legal questions sometimes arise when considering government involvement in flood <br />proofing: the statutory authority to spend public money on improving private property, and <br />liability for protecting private property. In some communities, legal challenges have <br />prevented implementation of well-planned programs, <br /> <br />The problem of statutory authority arises from Dillon's Rule, a Nineteenth Century court <br />ruling that found that because they are created by State government, local governments can' <br />do only what State laws specifically authorize, If an action is not authorized by statute, a <br />community cannot do it. In some states, larger communities may be granted "home rule." <br />A home rule community is authorized to do anything that is not prohibited by statute, <br /> <br />Prince George's County, Maryland, does not have a statutory authority question because <br />Maryland law authorizes local governments to spend public funds on "stormwater <br />management" which is defined as <br /> <br />..,the planning, designing, acquisition, construction, demolition, maintenance, and operation and <br />disposition, practices, and programs for the control and disposition of storm and surface waters, <br />including floodproofing and flood control and navigation programs, <br /> <br />-18- <br />
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