Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019 Page: 7,847
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STATUTORY AUTHORITY
This rulemaking is proposed under the authority of Texas Wa-
ter Code 16.061 State Flood Planning, and 16.062 Regional
Flood Planning.
Cross Reference: Texas Water Code 16.061 State Flood Plan-
ning, 16.062 Regional Flood Planning, and 16.453 (Floodplain
Management Account for funding planning grants) are affected
by this rulemaking.
362.1. Applicability.
This subchapter governs the TWDB's preparation, development, and
formulation of the state flood plan and the Board's adoption of the state
flood plan.
362.2. Definitions and Acronyms.
(a) 1.0% annual chance flood event--Flood event having a
1.0% chance of being equaled or exceeded in any given year, also
referred to as the base flood or 100-year flood.
(b) 0.2% annual chance flood event--Flood event having a
0.2% chance of being equaled or exceeded in any given year, also
referred to as the 500-year flood.
(c) Board--The governing body of the Texas Water Develop-
ment Board.
(d) Executive Administrator (EA)--The Executive Adminis-
trator of the TWDB or a designated representative.
(e) Flood Mitigation--The implementation of actions, includ-
ing both structural and non-structural solutions, to reduce flood risk to
protect against the loss of life and property.
(f) Neighboring area--Any area, including but not limited to
upstream and downstream areas, potentially affected by the proposed
flood management project.
(g) Political Subdivision--County, city, or other body politic
or corporate of the state, including any district or authority created un-
der Art. 3 52 or Art. 16 59 of the constitution and including any
interstate compact commission to which the state is a party and any
nonprofit WSC created and operating under Ch. 67.
(h) Regional Flood Plan (RFP)--The plan adopted or amended
by a Regional Flood Planning Group pursuant to Texas Water Code
16.062 (relating to Regional Flood Plans) and this chapter.
(i) State Flood Plan (SFP)--The most recent State Flood Plan
adopted or amended by the Board under Texas Water Code @16.061
(relating to State Flood Plan).
(j) TWDB--Texas Water Development Board.
362.3. Guidance Principles.
(a) Regional flood planning guidance principles shall be the
same as the state flood planning guidance principles and will be revis-
ited 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, mod-
els, and flood mapping;
(3) shall focus on: identifying both current and future flood
hazard exposure and flood risks, including residual risks; selectingachievable 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 0.2 percent annual chance flood event
(the 500-year flood) and, in these efforts, shall not be limited to con-
sideration of historic flood events;
(5) shall, when possible and at a minimum, evaluate flood
risk to life and property associated with 1.0 percent annual chance flood
event (the 100-year flood) and address, through recommended strate-
gies and projects, the flood mitigation goals of the RFPG in paragraph
(2) of this subsection to address flood events associated with a 1.0 per-
cent annual chance flood event (the 100-year flood); and, in these ef-
forts, 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 prac-
tices increase future flood risks to life and property and consider rec-
ommending 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 flood-
ing, 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 miles except in instances of flooding of critical facil-
ities or transportation routes or for other reasons, including levels of
risk or project size, determined by the RFPG;
(10) shall consider the potential upstream and downstream
effects, including environmental, of potential flood management strate-
gies (and associated projects) on neighboring areas. In recommending
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 strate-
gies and projects were designed to provide, and make recommenda-
tions 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 management
projects to understand project benefits and, when applicable, compare
the relative benefits and costs, including environmental benefits and
costs, between feasible options;
(13) shall provide for the orderly preparation for and re-
sponse to flood conditions to protect against the loss of life and prop-
erty, 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 ParksPROPOSED RULES December 20, 2019 44 TexReg 7847
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Texas. Secretary of State. Texas Register, Volume 44, Number 51, Pages 7779-8116, December 20, 2019, periodical, December 20, 2019; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1221934/m1/69/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.