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<br />-4- <br /> <br />failing to clean out debris from a flood control basin. It may <br />also be liable for approving a. subdivision plot or building permit <br />which increases flooding on other lands. For example, a village <br />in Ohio was held liable for flooding damage where it provided a <br />storm sewer system which was inadequate to cope with flooding <br />caused in part by an industrial park development approved by the <br />village. (See Chapter 5.) <br /> <br />. <br /> <br />6. Q. Are government employees personally liable for flood damages, <br />regulations or other government actions which infringe private <br />property rights? <br />A. Traditionally, government employees have not been held liable <br />to private property owners for governmental activities which in- <br />fringe property rights. This immunity continues for most federal <br />employees and state legislators although there i,s speculation t~at <br />state and local a ency staff might now be liable under cert . <br />circumstances pursuant to Sec lon 0 the Civil Right Ac~ No <br />court has, to our knowledge, held a local governmental official <br />liable for inaccurate flood data, regulations, construction of a <br />flood control measure, etc. (See Chapter 5.) <br /> <br />. <br /> <br />7. Q. What is a "regulatory floodplain"? a "regulatory wetland"? <br />A. The "regulatory floodplain" is usually defined by state and <br />local regulations, statutes and rules to include all land within <br />the reach of a "100 year" flood, i.e., a flood with a one-percent <br />probability of occurring in any given year. This standard has <br />also been adopted by the National Flood Insurance Program. In <br />some areas, "critical facilities" such as hospitals, day care <br />centers, electrical substantions, etc. are regulated within "500 <br />year" floodplain (having a 0.2 percent chance of flooding in a <br />given year) because of the threats to public safety which may <br />result from their inundation. <br /> <br />. <br />