62-40.450. Flood Protection

Flood protection shall be implemented within the context of other interrelated water management responsibilities. Florida will continue to be dependent on some structural water control facilities constructed in the past, and new structural facilities may sometimes be unavoidable in addressing existing and future flooding or other water-related problems. However, the Department and the Districts shall promote nonstructural flood protection strategies.

(1) Flood Protection Responsibilities.

(a) Local governments have the primary responsibility for regulating land use, enforcing construction criteria for flood prone areas, establishing local stormwater management levels of service, constructing and maintaining local flood control facilities, and otherwise preventing flood damages to new and existing development.

(b) District flood protection responsibilities relate primarily to serving regional water conveyance and storage needs. Districts have the authority to plan, construct, and operate water control facilities, as well as regulate discharges into works of the District or facilities controlled by the District.

(c) Rules adopted under Part IV of Chapter 373, F.S., shall require that appropriate precautions be taken to protect public health and safety in the event of failure of any water control structures, such as pumps and levees.

(d) Department and District programs shall discourage siting of incompatible public facilities in floodplains and flood prone areas wherever possible. Where no feasible alternative exists to siting an incompatible public facility in a floodplain or flood prone area, the facility shall be designed to minimize flood damage risks and adverse impacts on natural flood detention and conveyance capabilities.

(e) Each District shall clearly define in its District Water Management Plan, in basin specific plans, or rules, the District’s responsibilities related to flood emergencies, including its mechanisms for coordinating with emergency response agencies.

(2) District Facilities.

(a) District water control facilities shall be operated and maintained in accordance with established plans or schedules.

(b) Districts shall assess the design characteristics and operational practices of existing District water control facilities to ascertain opportunities for minimizing adverse impacts on water resources and associated natural systems. Where feasible, facility design modifications or operational changes shall be implemented to enhance natural systems or fulfill other water management responsibilities.

Specific Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.086, 373.103, 373.171, 373.413, 373.414, 373.416, 373.418, 403.0891 FS. History–New 7-20-95, Amended 5-7-05.