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| Administration | 415.40 – 415.43 | |||||||||||||
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Pub. L. 87-328 (75 Stat. 688).
42 FR 13541, Mar. 11, 1977, unless otherwise noted.
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Subscribe to: 18 CFR Part 415 - Administration
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(a) Class I projects as defined by § 415.20 of this part shall be subject to review and approval by the Commission.
(b) Class II projects as defined by § 415.21 shall be subject to review and approval by a duly empowered state or local agency; and if there be no such state or local agency at any time on and after January 1, 1978, and only during such time, the Commission may review any such project which has been identified by the Executive Director as having special flood hazards, and:
(1) Is located along the mainstem Delaware River or a major tributary thereof, or
(2) An agency of a signatory party requests such review.
A special permit may be granted, or granted on stated conditions, provided:
(a) There is a clear balance in favor of the public interest in terms of the following environmental criteria:
(1) The importance of a facility to the community.
(2) The availability of alternative locations not subject to flooding for the proposed use.
(3) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(4) The relationship of the proposed use to any applicable comprehensive plan or flood plain management program for the area.
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(6) The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.
(7) The degree to which the proposed activity would alter natural water flow or water temperature.
(8) The degree to which archaeological or historic sites and structures, endangered or rare species of animals or plants, high quality wildlife habitats, scarce vegetation types, and other irreplaceable land types would be degraded or destroyed.
(9) The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.
(b) The project shall not:
(1) Endanger human life.
(2) Have high flood damage potential.
(3) Obstruct flood flows nor increase flood heights or velocities unduly whether acting alone or in combination with other uses.
(4) Degrade significantly the water carrying capacity of any delineated floodway or channel.
(5) Increase significantly the rate of local runoff, erosion, or sedimentation.
(6) Degrade significantly the quality of surface water or the quality or quantity of ground water.
(7) Be susceptible to flotation.
(8) Have service facilities installed below the elevation of the regulatory flood without being adequately flood proofed.
(a) Standards used by state and local governments shall conform in principle to Commission standards but may vary in detail provided that resulting flood plain use will not be less restrictive than would result from the application of Commission standards. The Commission will review proposed state and local flood plain regulations to determine their compliance with Commission standards.
(b) Because of the variety and diversity of presently recognized hydrologic procedures, no one procedure or method is prescribed for determining the peak flow in cubic feet per second for the 100-year storm (Q 100) on which profiles for the delineation of flood hazard areas are based. The following may be used:
(1) A uniform Technique for Determining Flood Flow Frequencies—Bulletin No. 15—Water Resources Council, December 1967.
(2) Basin-Wide Program for Flood Plain Delineation—Delaware River Basin Commission—Anderson-Nichols & Co., Inc., June 1973.
(3) Magnitude and Frequency of Floods in New Jersey with Effects of Urbanization—Special Report 38 U.S.G.S.—New Jersey Department of Environmental Protection, 1974.
(4) Guidelines for Determining Flood Flow Frequency—Bulletin No. 17—Water Resources Council, March 1976.
State and local agencies may use methods resulting in Q 100s which are in reasonable agreement with those of the Commission. Any significant difference shall be reviewed with and subject to approval by the Executive Director.
(c) Methods and procedures shall be uniform, so far as practicable, within sub-basins which have a major effect on the larger basins of which they are a part. To assist in achieving this objective the Commission staff will periodically provide to the various interested governmental agencies and others Q 100 data as developed by the Delaware River Basin Commission Hydrology Coordinating Committee for key locations in the Delaware River Basin. These will be based on a Log Pearson Type 3 analysis of data from the U.S.G.S. gaging stations using station skew, regional skew, or weighted skew, depending on the scope of data at each station.
(a) Whenever an official flood plain map providing the pertinent information is available with respect to a given project, the map shall be used for the delineation of the flood hazard area, floodway, flood fringe and determination of flood protection elevation.
(b) Whenever an official flood plain map providing the required information is not available with respect to a given project, the administrative agency shall require the project landowner to submit details concerning the proposed uses as needed to determine the floodway and flood fringe limits at the proposed site, including: cross-sections of the stream channel and overbanks, stream profile, and factors involved in determining obstructions to flow. From the data submitted, soil surveys, historic flood maps, high water marks and other empirical data, the applicant, subject to verification by the administrative agency, shall calculate flood hazard areas, and establish the flood protection elevation for the particular site.
(c) Pending the preparation and completion of flood plain mapping, a “general flood plain” area shall be prescribed by the administrative agency to delineate for public guidance the areal limits of site locations which are required to be submitted for review under this regulation.