33 USC 2318 - Flood plain management

U.S Code last checked for updates: May 03, 2024

§ 2318.

Flood plain management

(a)

Exclusion of elements from benefit-cost analysis

The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects—

(1)

(A)

any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991; or

(B)

in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991; and

(2)

any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991.

(b)

Flood damage reduction benefits

(1)

In general

(2)

Avoidance of double counting

(c)

Counties substantially located within 100-year flood plain

For the purposes of subsection (a), a county is substantially located within the 100-year flood plain—

(1)

if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and

(2)

if the Secretary determines that application of the requirement contained in subsection (a)(1)(A) with respect to the county would unreasonably restrain continued economic development or unreasonably limit the availability of needed flood control measures.

(d)

Cost sharing

(e)

Regulations

(f)

Applicability

(Pub. L. 101–640, title III, § 308, Nov. 28, 1990, 104 Stat. 4638; Pub. L. 106–53, title II, § 219(a), Aug. 17, 1999, 113 Stat. 294.)

cite as: 33 USC 2318