SB 944 - This act applies to all construction which reduces flood stage capacity in flood ways of the Cuivre, Meramec, Mississippi, and Missouri Rivers. The act requires that any construction, except exempted construction, must have a permit. The agency issuing the permit must provide "worst-case" analysis of a flood way.

Construction that would obstruct a flood way is not permitted unless a "worst-case" analysis is done. A "worst-case" analysis standard is met and a permit is necessary if:

(1) The water surface would be contained within the existing bank and existing vertical extensions; or

(2) Water surface would not exceed one half of a foot from a single development or an increase of one-half foot cumulatively after 8/28/2004 and the water's velocity would not exceed the "scour" velocity of the predominant soil type in channel or would otherwise increase eroding.

The agency may issue a statewide permit for specific activities such as minor boat docks or utility crossings which meet the standards defined in this section. One permit would suffice for all the specific activity statewide.

If an application is denied the agency shall provide sufficient written explanation to the applicant. The applicants can appeal the denial pursuant to Chapter 536, RSMo.

The agency has the authority to investigate and pursue legal remedies against all unauthorized activities and violations of the permit. The act also outlaws misrepresentation or fraud in permit application and in claims made relating to flooding incidents.

The following activities are exempt from the act:

(1) Installation of field tile and similar construction which does not obstruct flood flow;

(2) Installation of irrigation equipment in flood way;

(3) Work on a private lake which would not impact dam or traverse the lake;

(4) Removal of vegetation or trash;

(5) Routine maintenance of existing structure;

(6) Maintenance to preserve design capacity and function of existing devices to reduce flooding;

(7) Maintenance of existing bridges except to increase the height of existing roadway;

(8) Widening of bridge decks;

(9) Culvert extension not to exceed 40 feet;

(10) Removal of bridge and culvert structure as long as it does not obstruct the flood way;

(11) Installation of fences;

(12) Construction of farm related building when the structure is one foot about the 100-year flood level.

A sunset provision is included for the act to expire six years after enactment.
HENRY HERSCHEL