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<br />
<br />In most states, comprehensive plans are advisory
<br />only and local governments are not required to have a
<br />plan in order to enact land development controls. This
<br />is slmvly changing as many states (Florida, Georgia,
<br />Oregon, and vVashington to name a fe".,.,) have moved in
<br />the last several decades to revise their planning la".,.,s.
<br />These states now require or strongly encourage local
<br />governments to prepare a comprehensive plan and land
<br />development regulations that are consistent \vith
<br />state\vide goals and guidelines.
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<br />FLOODPLAIN MANAGEMENT PLANNING
<br />It is highly desirable for a local government to have a
<br />plan upon which to base floodplain regulations. \Vhen
<br />lando\vners are being asked or required to limit or
<br />modify activities in floodplains, they deserve and have
<br />the right to participate in the process that establishes
<br />these limitations. Regulations that are based on policies
<br />developed in a community-based planning process that
<br />analyzes growth and development options are much
<br />more easily enforced by local government and accepted
<br />by property owners than regulations that are written by
<br />local officials with little public input.
<br />As described above, policies regarding development
<br />in floodplains may come about through the broad
<br />comprehensive planning process. But communities are
<br />increasingly undertaking a planning process that
<br />focuses specifically on floodplain issues. Part of the
<br />reason for this is that the f\-ational Flood Insurance
<br />Program (NFIP) strongly recommends it, and credit is
<br />given to participants of the Community Rating System
<br />(CR5) for communities that do 50. (See Chapter I for a
<br />description of both NFlP and CRS.) There are also many
<br />regions now doing \vatershed planning, in which
<br />communities within a common watershed come
<br />together to formulate goals for protection of watershed
<br />functions.
<br />To aid communities that are undertaking planning
<br />efforts to protect floodplains, NFIP and the Federal
<br />Interagency Floodplain Management Task Force have
<br />each produced guidance materials on ho"", to conduct a
<br />planning process. The Task Force's seven-step approach
<br />emphasizes a "highly participatory approach for
<br />planning resource protection in the floodplain" that
<br />involves various stakeholders, including landowners,
<br />resource managers, local government,
<br />environmentalists, and agriculture and business
<br />interests. Details of the recommended process are
<br />shown in Figure 3-1.
<br />In addition, local governments that participate in CRS
<br />are eligible for premium reductions on flood insurance
<br />if their community undertakes a wide range of
<br />floodplain management activities, one of which is
<br />planning. (Other activities for which a community can
<br />receive CRS credit are described throughout this
<br />chapter.) CR5 credit is provided for preparing,
<br />adopting, implementing, evaluating, and updating a
<br />comprehensive floodplain management plan. CRS
<br />guidance materials describe a 10-step planning process
<br />that must be undertaken to receive credit. The most
<br />important steps (e.g., the ones for which a community
<br />receives the most credit points) are involving the public,
<br />coordinating with other agencies, assessing the flooding
<br />
<br />problem, and developing an action plan (NFIP/CRS
<br />Coordillator's /'v1amwI1996).
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<br />ZONING AND SUBDIVISION REGULA nONS
<br />Zoning and subdivision regulations are the chief tools
<br />for implementing a comprehensive land-use plan. The
<br />ultimate source of authority for zoning and subdivision
<br />regulations is the police pmver-the po\\'er of local
<br />government to regulate for the health, safety, and
<br />welfare of the citizenry. In communities that do not
<br />have a plan, the zoning ordinance and zoning map
<br />serve as a land-use plan (although AP A recommends
<br />preparing a plan prior to enacting a zoning ordinance).
<br />Zoning ordinances divide the community into
<br />districts and impose land-use regulations on each
<br />district. The four traditional use designations are
<br />residential, commercial, industrial, and agricultural.
<br />Each district has standards specifying the permitted
<br />uses of land and buildings, the density of such uses, and
<br />the size and bulk of buildings. Zoning ordinances in
<br />small tu".,.,ns and rural counties may have four
<br />districts-one for each use classification-\vhile larger
<br />cities and jurisdictions have many districts for each use
<br />category.
<br />There are a couple of ways a community may
<br />organize its land development regulations where
<br />floodplains are concerned. Most communities adopt a
<br />"stand-alone" floodplain ordinance that incorporates
<br />NFIP standards. This ordinance identifies flood hazard
<br />areas and imposes specific requirements to prevent or
<br />reduce flooding. It establishes a type of overlay district,
<br />the requirements of \vhich supplement basic zoning,
<br />subdivision, and building code requirements.
<br />The other option is to incorporate floodplain
<br />development standards (and NFlI' standards) directly
<br />into building codes and subdivision and zoning
<br />ordinances. These "tools" serve several purposes.
<br />Building codes impose construction standards on those
<br />buildings that are allowed to be built in the floodplain
<br />or that may be othenvise subject to flood damage.
<br />Zoning and subdivision regulations complement the
<br />construction standards by guiding development out of
<br />floodplains into more suitable areas and thereby
<br />limiting the impact of development on the floodplain's
<br />natural functions.
<br />Some zoning ordinances contain a specific
<br />"Hood plain" or "flood hazard zone" \\'ith a discreet list
<br />of permitted land uses and standards that apply to the
<br />placement, siting, density, and other issues related to
<br />development. The boundaries of these zones typically
<br />coincide \vith the lOO-year floodplain as delineated on
<br />FEMA flood insurance rate maps (FJRYls). Ordinance
<br />provisions for floodplain zones "vould include a list of
<br />permitted land uses and establish standards to ensure
<br />that any development \vould be compatible \'vith the
<br />goal to reduce or minimize flood damage potential.
<br />Subdivision of land is the process by which a tract of
<br />land (usually on the urban fringe) is divided into
<br />smaller parcels, lots, or building sites so that the sites
<br />may eventually be sold, developed, or both. 1\.10st states
<br />give the local planning commission or legislative body
<br />broad general power to regulate certain aspects of
<br />subdivision development. Provisions typically address
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