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Constitutionality Prior to passage or amendment of floodplain regulations by the local governing body, the floodplain administrator will need to be sure that the governing body is empowered to so regulate, State enabling legislation (i.e., the legislation whereby the State gives local governments the power to implement certain regulations), which is derived from the State constitution. allows a community to regulate and control the actions of individuals to the degree reasonable and necessary to guard public health, safety, or the general welfare of the community. The power of local governments to enact such regulations is called the "police power.'" The use of police power has been challenged by some private land- owners. Generally the basis of the challenge has been a claim that the regulations have served purposes other than the protection of public health, safety, or welfare. A basic condition that local flood- plain regulations must meet in order to be enforceable is that they not unreasonably interfere with citizens' constitutional rights. In some communities property owners have claimed that, in fact, regulations have so restricted their constitutional rights that a "tak- ing" of private property has occurred. "Taking" means that restric- tions on the use of land are such as to leave no reasonable use available to the property owner while denying him just compensation for the loss of the use of the land. Several legal cases have addressed the issue of taking and the question of what constitutes "reasonable use." These cases have led to the position that "reason- able use" does not necessarily mean the highest use of the property. Statutory Authority The entity adopting floodplain or wetland regulations must be authorized to do so by general or speCific en. abling act or home rule powers. Procedural Regularity Statutory procedures for adoption and administration of an ordinance must be strictly followed. Proper Goals Regulations must serve legitimate goals and objectives as exercises of the public police power. Reasonableness Regulations must be reasonably related to the stated goals and tend to accomplish them. The Taking Issue Regulations must not "take" private land for public pur. poses without payment of just compensation. Equal Protection Regulations must not discriminate unreasonably or ar- bitrarily among different property owners. Vagueness Standards for issuing permits and other administrative actions must be clear and definite. REGULATORY GUIDELINES The "Pinpoint Approach" The approach of testing the way a law deals with the individual application rather than testing the whole statute results from two rulings of the United States Supreme Court on zoning regulations. In these cases the court ruled that zoning regulations were a legal application of police power, and that even though an ordinance is valid in a general sense, it can be attacked when applied to particular lands. This is the "pinpoint" approach. under which findings of invalidity applicable to one property may not apply to the adjoining property. Under the "pinpoint" approach a property owner can concede the general validity of floodplain regulations but challenge their con- stitutionality as applied to his land. He can claim they are arbitrary or capricious or claim that they take his property without just compensation.2 8