| (a) Regional flood planning guidance principles shall
be the same as the state flood planning guidance principles and will
be revisited 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,
models, and flood risk mapping;
(3) shall focus on identifying both current and future
flood risks, including hazard, exposure, vulnerability and residual
risks; selecting achievable 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 the 1% and 0.2% annual chance
flood events (the 100 and 500-year floods) and, in these efforts,
shall not be limited to consideration of historic flood events;
(5) shall, at a minimum, evaluate flood risk to life
and property associated with 1% annual chance flood event (the 100-year
flood) and address, when feasible, through recommended projects and
strategies, the flood mitigation goals of the RFPG in paragraph 3
of this subsection to address flood events associated with a 1% annual
chance flood event (the 100-year flood); and, in these efforts, 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 practices
increase future flood risks to life and property and consider recommending
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 flooding, 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 mile except in instances of flooding of critical
facilities or transportation routes or for other reasons, including
levels of risk or project size, as determined by the RFPG;
(10) shall consider the potential upstream and downstream
effects, including environmental, of potential flood mitigation projects
and flood management strategies on neighboring areas. In recommending
projects and 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
strategies and projects were designed to provide, and make recommendations
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 mitigation
projects to understand project benefits and, when applicable, compare
the relative benefits and costs, including environmental and social
benefits and costs, between feasible options;
(13) shall provide for the orderly preparation for
and response to flood conditions to protect against the loss of life
and property 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 Parks and Wildlife
Department, and the Texas Department of Agriculture, working cooperatively
to avoid duplication of effort and to make the best and most efficient
use of state and federal resources;
(16) shall include recommended strategies and projects
that minimize residual flood risk and provide effective and economical
management of flood risk to people, properties, and communities, and
associated environmental benefits;
(17) shall include strategies and projects that provide
for a balance of structural and nonstructural flood mitigation measures,
including projects that use nature-based features, that lead to long-
term mitigation of flood risk;
(18) shall contribute to water supply development where
possible;
(19) shall also follow all regional and state water
planning guidance principles per §358.3 of this title (relating
to State Water Planning Guidelines) in instances where recommended
flood projects also include a water supply component;
(20) shall be based on decision-making that is open
to, understandable for, and accountable to the public with full dissemination
of planning results except for those matters made confidential by
law;
(21) shall be based on established terms of participation
that shall be equitable and shall not unduly hinder participation;
(22) shall include flood management strategies and
projects recommended by the RFPGs that are based upon identification,
analysis, and comparison of all flood management strategies the RFPGs
determine to be potentially feasible to meet flood mitigation and
floodplain management goals;
(23) shall consider land-use and floodplain management
policies and approaches that support short- and long-term flood mitigation
and floodplain management goals;
(24) shall consider natural systems and beneficial
functions of floodplains, including flood peak attenuation and ecosystem
services;
(25) shall be consistent with the National Flood Insurance
Program (NFIP) and shall not undermine participation in nor the incentives
or benefits associated with the NFIP;
(26) shall emphasize the fundamental importance of
floodplain management policies that reduce flood risk;
(27) shall encourage flood mitigation design approaches
that work with rather than against natural patterns and conditions
of floodplains;
(28) shall not cause long-term impairment to the designated
water quality as shown in the state water quality management plan
as a result of a recommended flood management strategy or project;
(29) shall be based on identifying common needs, issues,
and challenges; achieving efficiencies; fostering cooperative planning
with local, state, and federal partners; and resolving conflicts in
a fair, equitable, and efficient manner;
(30) shall include recommended strategies and projects
that are described in sufficient detail to allow a state agency making
a financial or regulatory decision to determine if a proposed action
before the state agency is consistent with an approved regional flood
plan;
(31) shall include ongoing flood projects that are
in the planning stage, have been permitted, or are under construction;
(32) shall include legislative recommendations that
are considered necessary and desirable to facilitate flood management
planning and implementation to protect life and property;
(33) shall be based on coordination of flood management
planning, strategies, and mitigation projects with local, regional,
state, and federal agencies projects and goals;
(34) shall be in accordance with all existing water
rights laws including, but not limited to, Texas statutes and rules,
federal statutes and rules, interstate compacts, and international
treaties;
(35) shall consider protection of vulnerable populations;
(36) shall consider benefits of flood mitigation projects
and flood management strategies to water quality, fish and wildlife,
ecosystem function, and recreation, as appropriate;
(37) shall minimize adverse environmental impacts and
be in accordance with adopted environmental flow standards;
(38) shall consider how long-term maintenance and operation
of flood mitigation projects and flood management strategies will
be conducted and funded; and
(39) shall consider multi-use opportunities such as
green space, parks, water quality, or recreation, portions of which
could be funded, constructed, and or maintained by additional, third-party
project participants.
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