Laserfiche WebLink
<br />-10- <br /> <br />of flooding. The sufficiency of data in a given instance depends <br />i I <br />.: ",' 1'1'.0'f upon many circumstances, including the restrictiveness of the <br />~"t ~:', '. L <br />f ,or .,Jj 'Arc Th regul ati ons based upon the data and procedures avail ab 1 e for re- <br />.~N2iw kJ"jb;,'finement of the data d~ring the administ~ati~e .p~ases ~f a program. <br />\ '~ I \, "",',>> Less accurate and detalled data may sufflce lnltlally lf procedures <br />~6~ oeM<, are available for refining data as individual permit applications <br />\'1 c"-,,J1s..h, are submitted. (See Chapters 2, 5, 6 and 14.) <br />L>fk. \J ')~' <br /> <br />"t y~O~' 19. Q. What is the result if experts differ as to the elevation or <br />I. 1 - <br />boundaries of floodplains or wetlands? <br />A. Generally, when there is a valid difference of professional <br />opinion among experts, courts will uphold the action of the state <br />or local community. There is a longstanding presumption that local <br />legislative actions are valid in the absence of evidence that they <br />are "arbitrary, capricious and unreasonable." <br />No court has specifically considered the sufficiency of a par- <br />ticular analysis technique or delineation methodology. Courts <br />generally defer to expert agencies on technical matters and will <br />likely not disturb a selected methodology. No court has held that <br />a particular increase in flood heights should be allowed in cal- <br />culating floodways. Courts in several decisions have deferred to <br />legislative or expert agency judgment in balancing the need for <br />additional development with the need to maintain existing flood <br />heights. Several decisions have sanctioned consideration of cumula- <br />tive encroachment. (See Chapters 14 and 16.) <br /> <br />. <br /> <br />. <br /> <br />20. Q. After a flood occurs, may a community impose a temporary mora- <br />torium on permits for new construction pendinq the adoption of <br />floodplain zoning or the completion of other flood mitigation <br />measures? <br />A. The answer is yes, for a reasonable period of time. Local units <br />of government often adopt temporary regulations pending detailed <br />flood studies, adoption of more comprehensive regulations, or <br /> <br />. <br />