FLOOD07643

• County: Statewide
• Basin: Statewide
• Title: Physical and Economic Feasibility of Nonstructural Flood Plain Management Measures
• Date: 3/1/1978
• Prepared For: US
• Prepared By: US Army Corps of Engineers
• Floodplain - Doc Type: Educational/Technical/Reference Information

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same ends, and (5) require the placement of streets and public utilities above a selected flood
protection elevation. Figure 11-3 shows an example of a subdivision regulation.

Building and Housing Codes - "Building codes neither regulate where development takes place
nor the type of development, but rather building design and materials. Building codes can
reduce flood damages to structures by setting specifications to: (1) prevent flotation of buildings
by requiring proper anchorage, (2) establish minimum floor level elevations consistent with
flooding potential, (3) restrict use of materials which deteriorate when exposed to water, and (5)
require structural design consistent with water pressure and flood velocities. General
flood proofing requirements are sometimes placed in flood piain zoning ordinances rather than
building codes in the form of general performance standards which give the developer an
option of elevating his structure to a safe height. Housing codes, like building codes, set
minimum standards for construction but also set minimum standards for maintenance of
structures. These can be used to require repair of flood damaged structures to assure the safety
of occupants and prevent blighting." For an example building code see Figure 11-4.

Physical Feasibility
Zoning ordinances, subdivision regulations, and building and housing codes are generally
feasible for any flood plain land, whether the land is occupied by residential, commercial, or
industrial type structures, or by nonstructures such as golf courses and playgrounds. While there
are no general limitations, a regulatory program is developed and administered for a specific
piece of land in a specific community and state, thus, when developing such regulations at the
local level some very real restrictions may develop. Several considerations are discussed in the
Water Resources Council's "Regulation of Flood Hazard Areas to Reduce Flood Losses" (1).
These considerations are summarized below.

· Regulatory programs to reduce flood losses vary. This variation depends upon the level at
which regulation occurs (State, local or both), the objectives and specific regulatory
policies, and the regulatory tools chosen to implement objectives. Variations may also
reflect differing State Supreme Court attitudes to the legality of specific regulatory
approaches.
· The 14th Amendment of the United States Constitution and similar provisions in state
cons!itutions require that police power regulations be reasonable, related to regulatory
objectives and afford equal treatment to similarly situated individuals.
· Flood plain regulations are subject to the same general legal requirements as other land
use controls.
· The power to regulate flood plain land uses must be found in the general or special
language of enabling statutes.
· Courts generally determine only the specific constitutionality of enforcing land use
regulations against a complaining landowner and not the general constitutionality of
regulations applied to all landowners.
· Widespread judicial support can be found for regulations which require that those who
use lands be responsible for actions which substantially harm public or private interests.

· Flood plain regulations must be based upon sound data to meet constitutional
requirements.

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