SB 167 - This act revises the law pertaining to the regulation of development in flood hazard areas in counties which do not have planning and zoning. Any person seeking to build any structure, including a levee, within a 100 year flood plain must obtain a permit from the Division of Flood Plain Management within the State Emergency Management Agency. The Department of Agriculture and the Department of Natural Resources have 15 days in which to review the application and comment on whether the permit should be issued. The proposed development must comply with all state and federal requirements. Cities and counties must participate in the federal flood insurance program in order to be eligible for federal hazard mitigation funds and Department of Economic Development block grants.

A flood plain insurance fraud task force is created within the Attorney General's office which shall review flood related appropriations for FY 1994 and FY 1995 to ensure that the recipients did not obtain assistance fraudulently. Any community receiving flood buy-out funds shall file with the Division a statement indicating the names of each individual or corporation bought out, the appraised value of the property any information which would indicate whether the property had been the subject of prior claims under the national flood insurance program.

Those involved in appraising, selling, financing and insuring real property are required to assess the status of the property relative to the 100 year flood plain and to advise the buyer or owner.

Pipelines crossing flood plains shall be designed to minimize the possibility of rupture and the companies owning such lines shall provide information on the location of easily accessible emergency shut-off valves to emergency response agencies.

The Division shall work with the U.S. Corps of Engineers to identify the 25, 100 and 500 year flood plains. A levy district may enter into an agreement with the Division to restrict the reconstruction of its levee, after the next flood, to the 25 year level. If a district signs such an agreement, it shall be eligible for state funds from the Levee Tax Fund , created by this act in the state treasury, to meet the 20% cost- share required to obtain federal funds for levee reconstruction.

A district with a levee designed to withstand a 100 year flood shall be designated an industrial levee and the Division may assess all property within the district in the amount of one-tenth of one percent of the assessed valuation. The assessment shall be applied only once every ten years. All money collected pursuant to this assessment shall be deposited in the levee tax fund.

This act is similar to SB 614 (1996).

JON HAGLER