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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 10TEXAS WATER DEVELOPMENT BOARD
CHAPTER 361REGIONAL FLOOD PLANNING
SUBCHAPTER CREGIONAL FLOOD PLAN REQUIREMENTS
RULE §361.33Existing Condition Flood Risk Analyses in the Region

(a) The RFPGs shall perform existing condition flood risk analyses for the region comprised of:

  (1) flood hazard analyses that determines location, magnitude, and frequency of flooding;

  (2) flood exposure analyses to identify who and what might be harmed within the region; and

  (3) vulnerability analyses to identify vulnerabilities of communities and critical facilities.

(b) RFPGs shall perform existing condition flood hazard analyses to determine the location and magnitude of both 1% annual chance and 0.2% annual chance flood events as follows:

  (1) collect data and conduct analyses sufficient to characterize the existing conditions for the planning area;

  (2) identify areas within each FPR where hydrologic and hydraulic model results are already available and summarize the information;

  (3) utilize best available data, hydrologic and hydraulic models for each area;

  (4) identification of known flood-prone areas based on location of hydrologic features, historic flooding, and local knowledge obtained from outreach activities and public meetings;

  (5) existing condition flood hazard analyses may consider and include only those flood mitigation projects with dedicated construction funding and scheduled for completion prior to adoption of the next state flood plan;

  (6) all analyses shall consider the location of existing levees that do not meet FEMA accreditation as inundated by flooding without those structures in place. Provisionally accredited structures may be allowed to provide flood protection, unless best available information demonstrates otherwise;

  (7) the analyses shall consider existing dams when data is available;

  (8) a map showing areas as having an annual likelihood of inundation greater than or equal to 1% and 0.2%, the areal extent of this inundation, and the types of flooding for each area; and

  (9) a map showing gaps in inundation boundary mapping and identify known flood-prone areas based on location of hydrologic features, historic flooding and/ or local knowledge.

(c) The RFPGs shall develop existing condition flood exposure analyses, using the information identified in the flood hazard analyses to identify who and what might be harmed within the region for, at a minimum, both 1% annual chance and 0.2% annual chance flood events. The analyses must include:

  (1) analyses of existing development within the existing condition floodplain and the associated flood hazard exposure;

  (2) all existing condition flood exposure analyses shall consider the population and property located in areas where existing levees do not meet FEMA accreditation as inundated by flooding without the levees in place. Provisionally accredited levees may be allowed to provide flood protection, unless best available information demonstrates otherwise;

  (3) in accordance with guidance provided by the EA, the existing condition flood exposure analyses shall consider available datasets to estimate the potential flood hazard exposure including, but not limited to:

    (A) the number of residential properties and associated population;

    (B) the number of non-residential properties;

    (C) other public infrastructure;

    (D) major industrial and power generation facilities;

    (E) number and types of critical facilities;

    (F) number of roadway crossings;

    (G) length of roadway segments; and

    (H) agricultural area and value of crops exposed.

  (4) the existing condition flood exposure analyses shall include a qualitative description of expected loss of function, which is the effect that a flood event could have on the function of inundated structures (residential, commercial, industrial, public, or others) and infrastructure, such as transportation, health and human services, water supply, wastewater treatment, utilities, energy generation, and emergency services.

(d) The RFPGs shall perform existing condition vulnerability analyses to identify vulnerabilities of the communities and critical facilities identified in subparagraphs (b) and (c) above, as follows:

  (1) use relevant data and tools to identify the resilience of communities located in flood-prone areas.

  (2) consider and identify factors such as proximity to a floodplain to identify vulnerability of critical facilities, in accordance with EA guidance.

(e) All data produced as part of the existing condition flood exposure analysis and the existing condition vulnerability analysis shall be summarized in the RFP in accordance with guidance provided by the EA. The data shall include:

  (1) underlying flood event return frequency;

  (2) type of flood risk;

  (3) county;

  (4) existing flood authority boundaries;

  (5) social vulnerability indices for counties and census tracts; and

  (6) other categories as determined by RFPGs or to be designated by the EA.

(f) The information developed by the RFPG under this section shall be used to assist the RFPG establish priorities in subsequent planning tasks, to identify areas that need FMEs, and to efficiently deploy its resources.


Source Note: The provisions of this §361.33 adopted to be effective June 10, 2020, 45 TexReg 3792; amended to be effective November 1, 2023, 48 TexReg 6360

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