HB0701 Wiggins, Gary Overschmidt, Francis S

P R E F I L E D

HB 701 -- Flood Plain Management

Co-Sponsors: Wiggins, Overschmidt

This bill establishes the Division of Flood Plain Management within the State Emergency Management Agency to implement flood plain management policies. The Division will inventory existing flood control structures, develop design criteria, and establish a permit program for levee construction and modification.

For communities not in the National Flood Insurance Program, a permit from the Division will be required in order to construct or substantially improve any building or other structure. The structure must meet National Flood Insurance standards and adhere to all state and federal flood plain requirements. Beginning construction without a permit is a class C misdemeanor. To be eligible for Federal Emergency Management Agency funds or state economic development block grant funds, a community containing any part of a 100-year flood plain must be a member of the National Flood Insurance Program. Appraisers and real estate agents must consider and disclose information relative to the flood plain status of any structure, and all insurance policies must clearly state whether they insure against flood damage. Intrastate pipelines in the flood plain must be located and constructed to prevent flood-related rupture, and pipeline companies must provide information on emergency shut-off valves to emergency response agencies.

No new state buildings will be constructed in the 100-year flood plain unless there is no alternative site, and existing state buildings in the flood plain will be flood-proofed, insured, meet the minimum standards of the National Flood Insurance program, and have an emergency evacuation plan.