62-40.458. Floodplain Protection

(1) The Department and the Districts shall provide leadership to protect and enhance the beneficial values of floodplains. This shall include active coordination with local governments, special districts, and related programs of federal agencies, the Department of Community Affairs, and the Department of Health. Nothing in this section is intended to diminish the Department’s and District’s responsibilities regarding flood protection.

(a) The Department and the Districts shall pursue development of adequate floodplain protection information, including:

1. District determination of flood levels for priority floodplains. At a minimum, this shall include the 100-year flood level, with other flood levels to be determined where needed for watershed-specific management purposes. Districts are encouraged to determine the 10-year flood level for the purpose of assisting the Department of Health to regulate septic tanks in floodplains pursuant to Rule 64E-6.007, F.A.C.

2. Identification of floodplains with valuable natural systems for potential acquisition.

3. Identification of floodplain areas having potential for restoration of natural flow regimes.

(b) The Department and the Districts shall develop jointly a comprehensive system of coordinated planning, management, and acquisition to protect and, where feasible, enhance floodplain functions and associated natural systems in floodplains. This system shall include implementation of policies and programs to:

1. Acquire and maintain valuable natural systems in floodplains.

2. Protect the natural water storage and water conveyance capabilities of floodplains.

3. Where feasible, enhance or restore natural flow regimes of rivers and watercourses that have been altered for water control purposes.

(c) District regulatory programs shall minimize incompatible activities in floodplains. For regulated floodplains, each District, at a minimum, shall ensure that such activities:

1. Will not result in significant adverse effects on surface and ground water levels and surface water flows.

2. Will not result in significant adverse impacts to existing surface water storage and conveyance capabilities of the floodplain.

3. Will not result in significant adverse impacts to the operation of District facilities.

4. Will assure that any surface water management facilities associated with the proposed activity will be capable of being effectively operated and maintained.

5. Will not cause violations of water quality standards in receiving waters.

6. Will not otherwise be harmful to water resources.

(2) Each District shall provide to local governments and water control districts available information regarding floodplain delineation and floodplain functions and associated natural systems, and assist in developing effective measures to manage floodplains consistently with this chapter.

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