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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />7 <br /> <br />3. compliance with an enforcement of the regulations of the <br />National Flood Inaurance Program; and <br /> <br />4. suspension of approval of new developments in floodplains. <br /> <br />EXECUTIVE ORDER 11988 - FLOODPLAIN MANAGEMENT <br /> <br />In May of 1977 President Carter issued Executive Order 11988, Floodplain <br />Management. and a companion Executive Order 11990. Protection of Wetlands. <br />Executive Order 11988 was issued. in part. so the Federal agencies would <br />not undermine the National Flood Insurance Program. but rather would take <br />a leadership role in floodplain management. <br /> <br />The Order has several substantive and procedural requirements. Most basi- <br />cally it requires the Federal agencies to avoid taking actions in the flood- <br />plain unless it is the only practicable location. If an action must be <br />taken in the floodplain, the agency must act so as to minimize harm to and <br />within the floodplain. meaning it must take all necessary measures to protect <br />people. property and the floodplain environment. There are also a couple <br />of procedural requirements: notice of intention to locate in the floodplain, <br />and notice explaining why an action has to be located in the flOOdplain. <br /> <br />In February 1978 the U.S. Water Resources Council issued guidelines imple- <br />menting Executive Order 11988 and setting up an 8-step decisionmaking process <br />which complies with the requirements of the Order in logical sequential steps. <br />FEMA issued final regulations implementing Executive Order 11988 on septem- <br />ber 9. 1980. The regulations address SOme flood insurance issues but are <br />applicable largely to disaster relief. FEMA also issued a followup regu- <br />lation establishing a modified system for rating new construction in coastal <br />high hazard areas (V Zones). This was published in final form on October 22, <br />1981. That regulation requires FIA to alter its rating aystem for new con- <br />struction in V Zones in two key ways: (1) wave heights and not stillwater <br />levels must be the basis for insurance rating; this will tend to increase <br />flood levels in V Zones from 3 to 5 feet; and (2) the ability of structures <br />to withstand the force of waves must be read into the rates. <br /> <br />There have been a few cases brought under Executive Order 11988 and Executive <br />Order 11990. <br /> <br />In Sierra Club v. Rassell, 503 F. Supp. 552 (S.D. Ala. 1980) (aff'd 5th Cir.). <br />environmental groups sued to enjoin the reconstruction of a $35 million <br />bridge to Dauphin Island, a barrier island off the coast of Mobile that had <br />been destroyed by Hurricane Frederic. The case was decided largely under <br />NEPA. However. the court assumed. without ruling that suit could be brought <br />under Executive Order 11988 and Executive Order 11990. It did hold that there <br />was compliance with the orders and that there was due consideration given to <br />the impact of the construction on floodplains and wetlands. <br /> <br />The recent case of National Wildlife Federation, et al. v. Adams, 629 F.2d <br />587 (9th Cir. 1980). construed and interpreted Executive Order 11990, <br />