HB 620 -- Flood Plain Management

Sponsor:  Merideth

Except for construction on land used for agricultural purposes in
third classification counties, this bill requires anyone seeking
to construct an enclosed building, levee, or other earthen berm
within a 100-year flood plain to obtain a permit.  In cities and
counties with planning and zoning, the permit must be obtained
from the local government.  In cities and counties without
planning and zoning, the permit must be obtained from the State
Emergency Management Agency (SEMA).  The departments of
Agriculture and Natural Resources are allowed 15 days to comment
on any permit application.

The bill also requires that all new commercial, residential, or
industrial structures in federally delineated floodways and all
variances from the requirements of local ordinances be approved
by SEMA.  Structures intended to be flooded or associated with
bridges, roads, and water-related recreation and commercial
activities are exempt.  Permits will only be issued if the
structure meets all applicable state and federal requirements and
if the construction will not raise the elevation of the 100-year
flood level by more than 1/10 of a foot.  Permits must also
require that the lowest floor of insurable structures be elevated
at least one foot above the 100-year flood level.

The General Assembly may appropriate funds for projects in areas
that comply with the requirements of the National Flood Insurance
Program to repair public levees and to increase the protective
height of levees if approved by SEMA.  Agricultural land cannot
be used in cost/benefit analyses for development of levees to
protect commercial and residential properties.  To qualify for
federal hazard mitigation grants and state block grants,
communities containing flood hazard areas must be members of the
National Flood Insurance Program.  The bill also makes
misrepresentation of a fact in applications for flood buy-out
funds a class C felony.

Further, the bill repeals provisions that make compliance with a
permit from a political subdivision adequate proof of reasonable
use in contested cases involving surface water in flood-prone
areas if the political subdivision has acted in accordance with
the National Flood Insurance Program.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am