Flood Plain Management Passes the Senate

SF 2316, the flood plain management bill, passed the Senate on Thursday night with a vote of 26 to 20. The bill was amended significantly. Below is a summary provided by Senator Hogg (D-Linn) detailing the amendments that were adopted. ISAC is registered undecided on this bill.

500-Year Flood Plain Provisions

·  Model Ordinance – The DNR, in consultation with various stakeholders, would produce a model ordinance for regulating the 500-year or two-tenths percent floodplain.  This is important because many cities are now entering the NFIP (National Flood Insurance Program), and could be influenced by this ordinance to be more protective. 

· Amendment S-5123 by Hahn – This will add Conservation Districts of Iowa to the list of entities to be consulted.

· Critical Facilities – As amended by S-5122, new construction or substantial modifications or improvements of hospitals, health care facilities, jails, fire, police, and rescue facilities would be required to be built to continue safe operation and function during a two-tenths percent flood event, or could be safely shut down.

· Water and Wastewater Facilities – As amended by S-5122, in 2012, when the current standards are to be updated, water supply and distribution facilities and waste water facilities would be required to be built to continue safe operation and function during a two-tenths percent flood event, or could be safely shut down.

· Public records – Under Amendment S-5137, the provisions on public records would be deleted.

· Mapping Issues – As amended, the bill provides that the two-tenths percent flood is determined by a flood insurance rate map certified by FEMA or, if none is available, by a map developed or approved by the DNR.  Amendment S-5137 will clarify that the critical facility provisions do not apply if there is no applicable two-tenths percent floodplain map, and further, that they will not apply if there is a pending application to FEMA for amendment or revision of a floodplain map that would show the facility is not within the two-tenths percent floodplain.

· FEMA agreement – If a city, county, or other entity has an agreement with FEMA for the construction of a facility, the section on critical facilities does not apply.

· Construction Prohibitions – All provisions that prohibited construction within the 500-year flood plain unless there was no practical alternative or that regulated the 500-year flood plain like today’s 100-year flood plain were deleted by Amendment S-5122.

· Future Disaster Assistance – All provisions that took away future disaster assistance if a city did not comply with the critical facility provisions or with reasonable efforts to safeguard the two-tenths percent flood plain have been deleted because cities currently lose assistance if they do not participate in NFIP.

NPDES Construction Permits – Amendment 5157 deleted the provisions that required mitigation of soil compaction and replacement of topsoil by 2012.  This issue can wait for future legislative action. 

Storm Water Best Management Practices – The bill, as amended by S-5122 and S-5157, requires the DNR to develop best management practices for storm water management by December 31, 2010.  The bill requires cities to consider these best management practices or other comparable management practices in the development and implementation of storm water management ordinances beginning July 1, 2011.

Tiling Study – The bill directs IDALS with the Iowa Flood Center and Iowa State to determine the impact of tile drainage on flooding and the feasibility of retention of water in tile drains as a drainage management strategy.

“Multi-Purpose Wetlands” – As amended by S-5122, the bill authorizes IDALS to initiate a program to integrate drainage systems and wetlands to control flooding and improve water quality.

Watershed Demonstration Pilot Projects – The bill directs the DNR and IDALS, in collaboration with the NRCS (National Resources Conservation Service) and the Iowa Flood Center, to seek funding for one or more watershed demonstration pilot projects at HUC-12 (hydrological unit code) level to mitigate flood damage, manage runoff in uplands, reduce erosion, and maximize soil water holding capacity.

Levee Policy – Amendment S-5122 deletes the levee policy provisions.

Further Recommendations by Water Resources Council – The bill asks the Water Resources Coordinating Council (WRCC) to report back to the legislature with recommendations for watershed governance.  The proposal to have WRCC address levees and hazardous substances in Amendment S-5096 (which was withdrawn) has been deleted in Amendment S-5122.

Update Conservation Practice Standards – Directs IDALS to work with the NRCS to update their standards for conservation practices to manage changing precipitation patterns and extreme weather events.

Marketing Program – Directs the WRCC to include flood reduction and protection in its water marketing campaign.

Extension Education Program – As amended by S-5157, directs Iowa State Extension and the WRCC to develop a soil moisture monitoring network and provide educational materials on flood risks and infiltration. 

State Flood Plain Managers Association – Directs the WRCC to facilitate the formation of an Iowa chapter of the American Association of Flood Plain Managers.

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