<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 10TEXAS WATER DEVELOPMENT BOARD
CHAPTER 375CLEAN WATER STATE REVOLVING FUND
SUBCHAPTER BFINANCIAL ASSISTANCE
DIVISION 2PROGRAM REQUIREMENTS
RULE §375.214Required Environmental Review and Determination
Repealed Date:09/08/2010

    (B) When regional systems are proposed, the board will require the regional authority and the member entities to demonstrate compliance with these rules.

    (C) For the purposes of this subsection, the following definitions will apply:

      (i) Areas of existing development. All or part of the project planning area which, at the time of the board's issuance of its environmental determination, is:

        (I) occupied by existing structures or facilities;

        (II) substantially surrounded by existing structures and facilities and which serves no significant independent natural floodplain function; or

        (III) characterized by substantial investment in public infrastructure (e.g., roads and utilities are available to individual users) but which is only partially occupied by structures or facilities.

      (ii) Floodplain or 100-year floodplain. Those lowland, relatively flat areas usually adjoining inland or coastal waters that have a 1.0% or greater chance of flooding in any given year. In determining these areas, the applicant will use flood insurance rate maps or flood hazard boundary maps approved by FEMA. Where these maps are unavailable, the applicant should produce its own map(s) delineating the 100-year floodplain and showing 100-year flood elevations. Such maps should be prepared in accordance with FEMA's Guidelines and Specifications for Study Contractors.

      (iii) Functions and values. Natural functions and values of the floodplain include:

        (I) maintenance of water quality;

        (II) transport, storage, and absorption of floodwaters;

        (III) groundwater recharge;

        (IV) flow of debris;

        (V) wildlife habitat;

        (VI) cultural and historical resource repository;

        (VII) agricultural resources; and

        (VIII) aesthetic resources.

    (D) The board will, as appropriate and consistent with the requirements of these rules and Executive Order 11988, Floodplain Management, require assurances or include conditions to the provision of CWSRF financial assistance to insure compliance with these rules.


Source Note: The provisions of this §375.214 adopted to be effective February 11, 1999, 24 TexReg 769; amended to be effective October 10, 2001, 26 TexReg 7884

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page