Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 362 - STATE FLOOD PLANNING GUIDELINES › Subchapter A - STATE FLOOD PLAN DEVELOPMENT › Section 362.3 - Guidance Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) Regional flood
				  planning guidance principles shall be the same as the state flood planning
				  guidance principles and will be revisited every five years.
(b) Development of the regional and state
				  flood plans shall be guided by the following principles. The regional and state
				  flood plans:
(1) shall be a guide to state,
				  regional, and local flood risk management policy;
(2) shall be based on the best available
				  science, data, models, and flood risk mapping;
(3) shall focus on identifying both current
				  and future flood risks, including hazard, exposure, vulnerability and residual
				  risks; selecting achievable flood mitigation goals, as determined by each RFPG
				  for their region; and incorporating strategies and projects to reduce the
				  identified risks accordingly;
(4)
				  shall, at a minimum, evaluate flood hazard exposure to life and property
				  associated with the 1% and 0.2% annual chance flood events (the 100 and
				  500-year floods) and, in these efforts, shall not be limited to consideration
				  of historic flood events;
(5)
				  shall, at a minimum, evaluate flood risk to life and property associated with
				  1% annual chance flood event (the 100-year flood) and address, when feasible,
				  through recommended projects and strategies, the flood mitigation goals of the
				  RFPG in paragraph 3 of this subsection to address flood events associated with
				  a 1% annual chance flood event (the 100-year flood); and, in these efforts,
				  shall not be limited to consideration of historic flood events;
(6) shall consider the extent to which
				  current floodplain management, land use regulations, and economic development
				  practices increase future flood risks to life and property and consider
				  recommending adoption of floodplain management, land use regulations, and
				  economic development practices to reduce future flood risk;
(7) shall consider future development within
				  the planning region and its potential to impact the benefits of flood
				  management strategies (and associated projects) recommended in the
				  plan;
(8) shall consider various
				  types of flooding risks that pose a threat to life and property, including, but
				  not limited to, riverine flooding, urban flooding, engineered structure
				  failures, slow rise flooding, ponding, flash flooding, and coastal flooding,
				  including relative sea level change and storm surge;
(9) shall focus primarily on flood management
				  strategies and projects with a contributing drainage area greater than or equal
				  to 1.0 (one) square mile except in instances of flooding of critical facilities
				  or transportation routes or for other reasons, including levels of risk or
				  project size, as determined by the RFPG;
(10) shall consider the potential upstream
				  and downstream effects, including environmental, of potential flood mitigation
				  projects and flood management strategies on neighboring areas. In recommending
				  projects and strategies, RFPGs shall ensure that no neighboring area is
				  negatively affected by the regional flood plan;
(11) shall include an assessment of existing,
				  major flood mitigation infrastructure and will recommend both new strategies
				  and projects that will further reduce risk, beyond what existing flood
				  strategies and projects were designed to provide, and make recommendations
				  regarding required expenditures to address deferred maintenance on or repairs
				  to existing flood infrastructure;
(12) shall include the estimate of costs and
				  benefits at a level of detail sufficient for RFPGs and sponsors of flood
				  mitigation projects to understand project benefits and, when applicable,
				  compare the relative benefits and costs, including environmental and social
				  benefits and costs, between feasible options;
(13) shall provide for the orderly
				  preparation for and response to flood conditions to protect against the loss of
				  life and property and reduce injuries and other flood-related human
				  suffering;
(14) shall provide for
				  an achievable reduction in flood risk at a reasonable cost to protect against
				  the loss of life and property from flooding;
(15) shall be supported by state agencies,
				  including the TWDB, General Land Office, Texas Commission on Environmental
				  Quality, Texas State Soil and Water Conservation Board, Texas Parks and
				  Wildlife Department, and the Texas Department of Agriculture, working
				  cooperatively to avoid duplication of effort and to make the best and most
				  efficient use of state and federal resources;
(16) shall include recommended strategies and
				  projects that minimize residual flood risk and provide effective and economical
				  management of flood risk to people, properties, and communities, and associated
				  environmental benefits;
(17) shall
				  include strategies and projects that provide for a balance of structural and
				  nonstructural flood mitigation measures, including projects that use
				  nature-based features, that lead to long- term mitigation of flood
				  risk;
(18) shall contribute to
				  water supply development where possible;
(19) shall also follow all regional and state
				  water planning guidance principles per §
											358.3 of this title (relating to
				  State Water Planning Guidelines) in instances where recommended flood projects
				  also include a water supply component;
(20) shall be based on decision-making that
				  is open to, understandable for, and accountable to the public with full
				  dissemination of planning results except for those matters made confidential by
				  law;
(21) shall be based on
				  established terms of participation that shall be equitable and shall not unduly
				  hinder participation;
(22) shall
				  include flood management strategies and projects recommended by the RFPGs that
				  are based upon identification, analysis, and comparison of all flood management
				  strategies the RFPGs determine to be potentially feasible to meet flood
				  mitigation and floodplain management goals;
(23) shall consider land-use and floodplain
				  management policies and approaches that support short- and long-term flood
				  mitigation and floodplain management goals;
(24) shall consider natural systems and
				  beneficial functions of floodplains, including flood peak attenuation and
				  ecosystem services;
(25) shall be
				  consistent with the National Flood Insurance Program (NFIP) and shall not
				  undermine participation in nor the incentives or benefits associated with the
				  NFIP;
(26) shall emphasize the
				  fundamental importance of floodplain management policies that reduce flood
				  risk;
(27) shall encourage flood
				  mitigation design approaches that work with rather than against natural
				  patterns and conditions of floodplains;
(28) shall not cause long-term impairment to
				  the designated water quality as shown in the state water quality management
				  plan as a result of a recommended flood management strategy or
				  project;
(29) shall be based on
				  identifying common needs, issues, and challenges; achieving efficiencies;
				  fostering cooperative planning with local, state, and federal partners; and
				  resolving conflicts in a fair, equitable, and efficient manner;
(30) shall include recommended strategies and
				  projects that are described in sufficient detail to allow a state agency making
				  a financial or regulatory decision to determine if a proposed action before the
				  state agency is consistent with an approved regional flood plan;
(31) shall include ongoing flood projects
				  that are in the planning stage, have been permitted, or are under
				  construction;
(32) shall include
				  legislative recommendations that are considered necessary and desirable to
				  facilitate flood management planning and implementation to protect life and
				  property;
(33) shall be based on
				  coordination of flood management planning, strategies, and mitigation projects
				  with local, regional, state, and federal agencies projects and goals;
(34) shall be in accordance with all existing
				  water rights laws including, but not limited to, Texas statutes and rules,
				  federal statutes and rules, interstate compacts, and international
				  treaties;
(35) shall consider
				  protection of vulnerable populations;
(36) shall consider benefits of flood
				  mitigation projects and flood management strategies to water quality, fish and
				  wildlife, ecosystem function, and recreation, as appropriate;
(37) shall minimize adverse environmental
				  impacts and be in accordance with adopted environmental flow
				  standards;
(38) shall consider how
				  long-term maintenance and operation of flood mitigation projects and flood
				  management strategies will be conducted and funded; and
(39) shall consider multi-use opportunities
				  such as green space, parks, water quality, or recreation, portions of which
				  could be funded, constructed, and or maintained by additional, third-party
				  project participants.