FLOODPLAIN MANAGEMENT LEGISLATION
LEGISLATION
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Chapter 268. Flood Loss Prevention.
Sections
14-268-101. Legislative determination.
It is found and declared:
(1) That there are communities and areas in this state which have suffered from, and are threatened by, floods and the incidents and hazards of flooding;(2) That flooding in the areas causes destruction of life and property, contributes to the spread of disaster-related diseases, and constitutes a hindrance to the economic development of this state and to the health, safety, and welfare of the residents of this state;
(3) That flood hazards in these flood-prone areas impair their economy and tax revenues;
(4) That insurance with federal reinsurance or other federal assistance will not be available to property owners in these communities unless adequate land use and control measures, consistent with federal criteria, are adopted by the communities prior to June 30, 1970;
(5) That it is the policy of this state to encourage and support all appropriate actions to prevent and lessen these flood hazards and losses;
(6) That it is necessary to adopt state and local measures which, to the maximum extent feasible, will:
(A) Discourage the development of land by improvements which are exposed to flood damage;
(B) Guide the development of proposed construction away from locations which are threatened by flood hazards;
(C) Assist in reducing damage caused by floods; and
(D) Otherwise improve long-range land management in, and use of, flood-prone areas; and
(7) That the enactment of these measures by cities, towns, counties, or the state constitutes a public purpose necessary to the protection and promotion of the economic development of this state and to the health, safety, and welfare of the residents of this state.
History. Acts 1969, No. 629, § 1; A.S.A. 1947, § 21-1901.
14-268-102. Definitions.
As used in this chapter:
(1) "Commission" means the Arkansas Soil and Water Conservation Commission;(2) "Floodplain administrator" means the person designated by a city, town, or county to administer and implement this chapter and other federal and state laws and local ordinances and regulations relating to the management of flood-prone areas; and
(3) "Flood-prone areas" means areas that are subject to or are exposed to flooding and flood damage.
History. Acts 1969, No. 629, § 2; A.S.A. 1947, § 21-1902; Acts 2003, No. 745, § 1.
(a) Any person or corporation who violates any measure adopted under this chapter which prohibits the development of land by improvements that are exposed to flood damage or that are threatened by flood hazards may be fined not more than five hundred dollars ($500) for each offense.
(b) Each day during which a violation exists is a separate offense.History. Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904; Acts 2003, No. 745, § 2.
14-268-104. Authority to adopt measures.
(a) In addition to all other powers, and notwithstanding any provision of any other law, each city, town, or county in this state is authorized to enact, adopt, and enforce ordinances, building or zoning codes, or other appropriate measures regulating, restricting, or controlling the management and use of land, structures, and other developments in flood-prone areas.
(b) The measures, in addition to all other matters, may:
(1) Restrict the development and use of land which is exposed to flood damage;
(2) To the extent possible, guide the development of proposed construction away from locations threatened by flood hazards;
(3) Prescribe assistance in reducing flood damage;
(4) Require flood-proofing of structures which are permitted to remain in, or are to be constructed in, flood-prone areas;
(5) Prescribe regulation of the types, purposes, and uses of structures, buildings, developments, or fills permitted to be erected or improved in flood-prone areas;
(6) Require drainage and such other action as is feasible to minimize flooding; and
(7) Assure the adequacy of sewerage and water systems that may be affected by flooding.
History. Acts 1969, No. 629, § 2; A.S.A. 1947, § 21-1902.
14-268-105. Public nuisance - Injunction or abatement.
Every structure, building, fill, or development placed or maintained within any flood-prone area in violation of measures enacted under the authority of this chapter is a public nuisance. The creation of any of these may be enjoined and the maintenance thereof may be abated by action or suit of any city, town, or county, the state, or any citizen of this state.
History. Acts 1969, No. 629, § 4; A.S.A. 1947, § 21-1904.
(a) Each county, city, or town ordinance adopted under this chapter shall designate a person to serve as the floodplain administrator to administer and implement the ordinance and any local codes and regulations relating to the management of flood-prone areas.
(b) Beginning July 1, 2004, each floodplain administrator shall become accredited by the Arkansas Soil and Water Conservation Commission under the commission's authority regarding flood control under §§ 15-24-102 and 15-24-109.History. Acts 2003, No. 745, § 3.
15-24-102 Commission Powers and Duties General
(a) It shall be the duty of the Arkansas Soil and Water Conservation Commission to:
(1) Study, consider, and determine upon a sound public policy with regard to flood prevention, flood control, and flood protection;
(2) Compile figures and other information on current and previous flood damage and scientific data relative to the recurrence of floods such as rainfall, runoff, flowing channels, stream obstruction, existing facilities for storing surplus waters, and existing protection works; and
(3) Accredit persons having requisite knowledge in floodplain management and in minimization and prevention of flood hazards and losses.
(b) The commission shall have the power to:
(1) Clean out, widen, deepen, straighten, change, alter, divert, or eliminate in whole or in part the course or terminus of any natural or artificial water streams;
(2) Shape or protect stream banks for the improvement of hydraulic efficiency in the discharge of flood waters;
(3) Acquire lands necessary for reservoir dam sites and lines;
(4) Construct, take over, maintain, and operate dams, reservoirs, holding or impounding basins, flood gates, revetments, or any other works and improvements deemed necessary to prevent floods and to control, preserve, and regulate the flow of rivers and streams;
(5) Construct dikes, levees, or other artificial barriers to protect against inundation of property when deemed advisable by the commission; and
(6) As an incident to the foregoing, relocate or revise bridges, buildings, roads, streets, railroads, service lines and connections of public service utilities, and fences and do generally all things necessary for the fulfillment of the purposes of this subchapter.
(c) The commission shall have the power to acquire by donation, lease, purchase, or condemnation and to hold or own in the name of the state real and personal property, easements, and the public works erected and constructed under the authority of this subchapter except that:
(1) None of the work, improvements, or construction provided for in the preceding portion of this section or in any other portion of this subchapter shall be done, undertaken, or performed within the boundary limits of any levee or drainage district;
(2) This subchapter shall not confer upon the commission or other authority any jurisdiction, control, supervision, or authority whatsoever over the lands within the boundaries of any levee or drainage district now existing or hereafter organized; and
(3) Further, the commission shall not have any:
(A) Control, authority, or jurisdiction over any such levee or drainage district, nor over the directors or commissioners of any levee or drainage districts, nor lake lands within the boundaries of any levee or drainage district as aforesaid;
(B) Authority to affect the existence of any levee or drainage district in any manner; or
(C) Power to require reports from districts nor any supervision or control over them;
(4)
(A) However, any levee or drainage district shall have the option upon the voluntary action of its governing board to make contracts with the commission and to make compacts and contracts with the United States Government or any of its agencies and may thereby voluntarily grant to the commission general or special powers as drainage or levee districts may deem proper.
(B) The grant shall be limited specifically to the matters and things voluntarily agreed upon by the governing board of the districts.
(C) In order to become effective, the contract with the state commission shall be approved by the county court or judge in vacation, if the district is in one (1) county, and by the circuit court of the county of domicile or the judge thereof in vacation, if in more than one (1) county, and recorded on the court records.
History. Acts 1937, No. 212, §§ 10, 11; Pope's Dig., §§ 12185, 12186; A.S.A. 1947, §§ 9-801, 9-803; Acts 1995, No. 1296, § 53; 2003, No. 745, § 4.
15-24-109. Accreditation of floodplain administrators
(a)
(1) In determining accreditation standards for floodplain administrators, the Arkansas Soil and Water Conservation Commission may consider an applicant's knowledge, experience, skills, and training in floodplain management and in minimization and prevention of flood hazards and losses.
(2) The accreditation standards may include:
(A) Passage of an examination;
(B) Completion of approved training; or
(C) Certification by a nationally recognized floodplain management organization.
(b) Continuing training may be required for persons who want continued accreditation.
(c) The commission may charge accreditation fees in amounts up to the following:
(1) Original accreditation, thirty dollars ($30.00);
(2) Annual renewal of accreditation, twenty dollars ($20.00); and
(3) Late fee for renewal after thirty (30) days, fifteen dollars ($15.00).
(d)
(1) Accreditation fees collected are cash funds and shall not be deposited in the State Treasury.
(2) The cash funds shall be held and applied by the commission solely for the uses under this subchapter.
(3) The cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of:
(1) Arkansas Constitution, Article 5, § 29;
(2) Arkansas Constitution, Article 16, § 12;
(3) Arkansas Constitution, Amendment 20; or
(4) Any other constitutional or statutory provision.
History. Acts 2003, No. 745, § 5.
RULES AND REGULATIONS
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