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<br />-6- <br /> <br />Special Permit Regulations restrict dredging, filling, and <br />construction in wetlands, floodways and floodplains. (See Chapters <br />2 and 6.) <br /> <br />. <br /> <br />9. Q. What constitutional provisions limit the exercise of floodplain <br />regulations by public authorities? <br />A. The principal constitutional limitations on floodplain regula- <br />tions are the following: <br />1. The Due Process Clause (U.S. Constitution, 5th and 14th <br />Amendments. ) ; <br />2. The Equal Protection Clause (14th Amendment); <br />3. The Taking Clause (5th Amendment). <br />Most state constitutions contain provisions equivalent to the <br />above. Thus, "constitutiona 1 i ty" refers to both federal and state <br />constitutions as each relates to the site in question. (See Chapters <br />11-18. ) <br /> <br />10. Q. What is the meaning of the Due Process and Equal Protection <br />Clauses? <br />A. The Due Process Cl ause says, ". . . no person shall be depri ved <br />of 1 ife, liberty or property without due process of law." Court <br />decisions have distinguished two different forms of "due process" <br />protection. "Procedural Due Process" requires that the adoption <br />of any public regulation shall be strictly in accordance with the <br />requirements of the applicable statute, including provision for <br />public notice and hearing. Procedural defects may nullify an <br />otherwise valid regulation. "Substantive Due Process" requires <br />that a regulation be fair and reasonable in its application. The <br />meaning of "reasonable" is the subject of many judicial opinions. <br />Basically, a regulation is "reasonable" if 1) it is directed to <br />the achievement of a proper public purpose (e.g., reduction of <br />flood losses) and 2) it is closely related to the accomplishment <br />of such purpose. <br /> <br />. <br /> <br />. <br />