§ 1.233. Flood plain management.
The FIA regulations represent minimum standards of flood plain management for Program participation and require the promulgation and enforcement of flood plain management regulations. To permit continued Commonwealth participation in this program of flood plain management, agencies under the Governor’s jurisdiction shall take the following actions:
(1) The Office of the Governor shall act as the coordinating agency in the implementation of the minimum Federal standards by the other agencies of State government. To achieve compliance with these minimum standards, each agency shall undertake the steps outlined as follows:
(i) Each agency shall promulgate regulations or directives, where appropriate, consistent with Constitutional and statutory limitations, to implement the minimum Federal requirements for flood plain management in areas of agency activity which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).
(ii) Effective immediately, each agency shall identify existing or proposed programs undertaken under and within the limits of its statutory authority which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).
(iii) Each agency may consult directly with the FIA to assess the impact of the minimum requirements on its individual programs.
(iv) Each agency shall forward the result of its program review to the Governor at the earliest possible date.
(2) A development of (defined in the FIA regulations, 24 CFR 1909.1), new construction of or substantial improvements to State-owned properties and facilities in areas designated as special hazard areas by the FIA shall comply with minimum requirements for special hazard areas. These minimum requirements are set forth in 24 CFR 1910.3, 1910.4 and 1910.5.
(3) The Department of Community Affairs is hereby authorized to act as a repository for FIA flood information maps and other data that may be made available to the Commonwealth. The Department of Community Affairs shall notify other State agencies at regular intervals of the receipt of new maps and data.
(4) Agencies shall fully cooperate with each other in the exchange of data and technical expertise.
(5) As soon as possible after the issuance of this Executive Order, each agency shall have prepared for submission to FIA, regulations or directives, where appropriate, implementing the minimum Federal standards.
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