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<br />-7- <br /> <br />. <br /> <br />The "Equal Protecti on C1 ause" states that no person shall be <br />denied "equal protection of the laws." This does not mean that <br />all persons or property must be treated identically. If that <br />were so, no land use zoning regulations which apply differing <br />regulations to different areas could be adopted. (See Chapters <br />12-18. ) <br /> <br />. <br /> <br />11. Q. What are valid purposes and goals of floodplain and wetland <br />regulations? <br />A. Regu1atlons must serve legitimate public goals. Courts have <br />strongly endorsed regulations designed to prevent increased flood <br />heights or velocities which may be caused by drainage facilities, <br />obstructions in floodplains or unsafe dams. They have also upheld <br />tight regulations for coastal and other high hazard areas where <br />uses may be destroyed by flooding. Prevention of water pollution <br />has also been strongly endorsed. Less weight has been given to <br />protection of wildlife and aesthetic values although this is <br />changing. Courts have usually held that regulations cannot be <br />used to depress property values prior to acquisition nor can they <br />be used to prevent all private use of land. (See Chapter 13.) <br /> <br />12. Q. Are local zoning, subdivision, and building code enabling <br />statutes sufficient to authorize adoption of floodplain and <br />wetland regulations? <br />A. With little exception, local governments now possess sufficient <br />power to adopt floodplain and wetland regulations. At least 33 <br />states specifically authorized floodplain zoning and 32 authorize <br />subdivision control related to flooding. Other enabling statutes <br />which do not specifically mention flood but authorize regulations <br />for health, safety, and welfare have been held broad enough to <br />authorize flood regulations. No local floodplain or wetland regu- <br />lation has been held insufficient due to lack of enabling authority. <br />Power to regulate floodplains and wetlands may also be derived from <br /> <br />. <br />