Flood protection shall be implemented within the context of
other interrelated water management responsibilities. Florida will continue to
be dependent on some structural water control facilities constructed in the
past, and new structural facilities may sometimes be unavoidable in addressing
existing and future flooding or other water-related problems. However, the
Department and the Districts shall promote nonstructural flood protection
strategies.
(1) Flood Protection
Responsibilities.
(a) Local governments have
the primary responsibility for regulating land use, enforcing construction
criteria for flood prone areas, establishing local stormwater management levels
of service, constructing and maintaining local flood control facilities, and
otherwise preventing flood damages to new and existing development.
(b) District flood protection
responsibilities relate primarily to serving regional water conveyance and
storage needs. Districts have the authority to plan, construct, and operate
water control facilities, as well as regulate discharges into works of the
District or facilities controlled by the District.
(c) Rules adopted under Part IV of Chapter
373, F.S., shall require that appropriate precautions be taken to protect
public health and safety in the event of failure of any water control
structures, such as pumps and levees.
(d) Department and District programs shall
discourage siting of incompatible public facilities in floodplains and flood
prone areas wherever possible. Where no feasible alternative exists to siting
an incompatible public facility in a floodplain or flood prone area, the
facility shall be designed to minimize flood damage risks and adverse impacts
on natural flood detention and conveyance capabilities.
(e) Each District shall clearly define in its
District Water Management Plan, in basin specific plans, or rules, the
District's responsibilities related to flood emergencies, including its
mechanisms for coordinating with emergency response
agencies.
(2) District
Facilities.
(a) District water control
facilities shall be operated and maintained in accordance with established
plans or schedules.
(b) Districts
shall assess the design characteristics and operational practices of existing
District water control facilities to ascertain opportunities for minimizing
adverse impacts on water resources and associated natural systems. Where
feasible, facility design modifications or operational changes shall be
implemented to enhance natural systems or fulfill other water management
responsibilities.
