14-268-101. Legislative determination.
It is found and declared:
(1) That there are communities and areas in this
state which have suffered from, and are threatened by, floods and the
incidents and hazards of flooding;
(2) That flooding in the
areas causes destruction of life and property, contributes to the spread of
disaster-related diseases, and constitutes a hindrance to the economic
development of this state and to the health, safety, and welfare of the
residents of this state;
(3) That flood hazards in
these flood-prone areas impair their economy and tax revenues;
(4) That insurance with
federal reinsurance or other federal assistance will not be available to
property owners in these communities unless adequate land use and control
measures, consistent with federal criteria, are adopted by the communities
prior to June 30, 1970;
(5) That it is the policy of
this state to encourage and support all appropriate actions to prevent and
lessen these flood hazards and losses;
(6) That it is necessary to
adopt state and local measures which, to the maximum extent feasible, will:
(A) Discourage the
development of land by improvements which are exposed to flood damage;
(B) Guide the development
of proposed construction away from locations which are threatened by
flood hazards;
(C) Assist in reducing
damage caused by floods; and
(D) Otherwise improve
long-range land management in, and use of, flood-prone areas; and
(7) That the enactment of
these measures by cities, towns, counties, or the state constitutes a public
purpose necessary to the protection and promotion of the economic
development of this state and to the health, safety, and welfare of the
residents of this state.
History. Acts 1969, No. 629, 1; A.S.A. 1947, 21-1901.
14-268-102. Definitions.
As used in this chapter:
(1) "Commission" means the Arkansas Soil and
Water Conservation Commission;
(2) "Floodplain
administrator" means the person designated by a city, town, or county to
administer and implement this chapter and other federal and state laws and
local ordinances and regulations relating to the management of flood-prone
areas; and
(3) "Flood-prone areas" means
areas that are subject to or are exposed to flooding and flood damage.
History. Acts 1969, No. 629, 2; A.S.A. 1947, 21-1902; Acts
2003, No. 745, 1.
14-268-103.
Penalty.
(a) Any person or corporation
who violates any measure adopted under this chapter which prohibits the
development of land by improvements that are exposed to flood damage or that
are threatened by flood hazards may be fined not more than five hundred
dollars ($500) for each offense.
(b) Each day during which a violation exists is
a separate offense.
History. Acts 1969, No. 629, 4; A.S.A. 1947, 21-1904; Acts
2003, No. 745, 2.
14-268-104. Authority to adopt measures.
(a) In
addition to all other powers, and notwithstanding any provision of any other
law, each city, town, or county in this state is authorized to enact, adopt,
and enforce ordinances, building or zoning codes, or other appropriate
measures regulating, restricting, or controlling the management and use of
land, structures, and other developments in flood-prone areas.
(b) The measures, in addition
to all other matters, may:
(1) Restrict the
development and use of land which is exposed to flood damage;
(2) To the extent
possible, guide the development of proposed construction away from
locations threatened by flood hazards;
(3) Prescribe assistance
in reducing flood damage;
(4) Require
flood-proofing of structures which are permitted to remain in, or are to
be constructed in, flood-prone areas;
(5) Prescribe regulation
of the types, purposes, and uses of structures, buildings, developments,
or fills permitted to be erected or improved in flood-prone areas;
(6) Require drainage and
such other action as is feasible to minimize flooding; and
(7) Assure the adequacy
of sewerage and water systems that may be affected by flooding.
History.
Acts 1969, No. 629, 2; A.S.A. 1947,
21-1902.
14-268-105. Public nuisance - Injunction or
abatement.
Every structure,
building, fill, or development placed or maintained within any flood-prone
area in violation of measures enacted under the authority of this chapter is
a public nuisance. The creation of any of these may be enjoined and the
maintenance thereof may be abated by action or suit of any city, town, or
county, the state, or any citizen of this state.
History. Acts 1969, No. 629, 4; A.S.A. 1947, 21-1904.
14-268-106.
Floodplain administrator.
(a) Each
county, city, or town ordinance adopted under this chapter shall designate a
person to serve as the floodplain administrator to administer and implement
the ordinance and any local codes and regulations relating to the management
of flood-prone areas.
(b) Beginning July 1, 2004, each
floodplain administrator shall become accredited by the Arkansas Soil and
Water Conservation Commission under the commission's authority regarding
flood control under
15-24-102 and
15-24-109.
History. Acts 2003, No. 745, 3.
15-24-102
Commission Powers and Duties General
(a) It shall
be the duty of the Arkansas Soil and Water Conservation Commission to:
(1) Study, consider, and
determine upon a sound public policy with regard to flood prevention,
flood control, and flood protection;
(2) Compile figures and
other information on current and previous flood damage and scientific
data relative to the recurrence of floods such as rainfall, runoff,
flowing channels, stream obstruction, existing facilities for storing
surplus waters, and existing protection works; and
(3) Accredit persons
having requisite knowledge in floodplain management and in minimization
and prevention of flood hazards and losses.
(b) The commission shall have
the power to:
(1) Clean out, widen,
deepen, straighten, change, alter, divert, or eliminate in whole or in
part the course or terminus of any natural or artificial water streams;
(2) Shape or protect
stream banks for the improvement of hydraulic efficiency in the
discharge of flood waters;
(3) Acquire lands
necessary for reservoir dam sites and lines;
(4) Construct, take over,
maintain, and operate dams, reservoirs, holding or impounding basins,
flood gates, revetments, or any other works and improvements deemed
necessary to prevent floods and to control, preserve, and regulate the
flow of rivers and streams;
(5) Construct dikes,
levees, or other artificial barriers to protect against inundation of
property when deemed advisable by the commission; and
(6) As an incident to the
foregoing, relocate or revise bridges, buildings, roads, streets,
railroads, service lines and connections of public service utilities,
and fences and do generally all things necessary for the fulfillment of
the purposes of this subchapter.
(c) The commission shall have
the power to acquire by donation, lease, purchase, or condemnation and to
hold or own in the name of the state real and personal property, easements,
and the public works erected and constructed under the authority of this
subchapter except that:
(1) None of the work,
improvements, or construction provided for in the preceding portion of
this section or in any other portion of this subchapter shall be done,
undertaken, or performed within the boundary limits of any levee or
drainage district;
(2) This subchapter shall
not confer upon the commission or other authority any jurisdiction,
control, supervision, or authority whatsoever over the lands within the
boundaries of any levee or drainage district now existing or hereafter
organized; and
(3) Further, the
commission shall not have any:
(A) Control,
authority, or jurisdiction over any such levee or drainage district,
nor over the directors or commissioners of any levee or drainage
districts, nor lake lands within the boundaries of any levee or
drainage district as aforesaid;
(B) Authority to
affect the existence of any levee or drainage district in any
manner; or
(C) Power to require
reports from districts nor any supervision or control over them;
(4)
(A) However, any levee or drainage
district shall have the option upon the voluntary action of its
governing board to make contracts with the commission and to make
compacts and contracts with the United States Government or any of
its agencies and may thereby voluntarily grant to the commission
general or special powers as drainage or levee districts may deem
proper.
(B) The grant shall
be limited specifically to the matters and things voluntarily agreed
upon by the governing board of the districts.
(C) In order to
become effective, the contract with the state commission shall be
approved by the county court or judge in vacation, if the district
is in one (1) county, and by the circuit court of the county of
domicile or the judge thereof in vacation, if in more than one (1)
county, and recorded on the court records.
History.
Acts 1937, No. 212, 10, 11; Pope's Dig.,
12185, 12186; A.S.A. 1947, 9-801, 9-803; Acts 1995, No. 1296,
53; 2003, No. 745, 4.
15-24-109.
Accreditation of floodplain administrators
(a)
(1) In
determining accreditation standards for floodplain administrators, the
Arkansas Soil and Water Conservation Commission may consider an
applicant's knowledge, experience, skills, and training in floodplain
management and in minimization and prevention of flood hazards and
losses.
(2) The accreditation
standards may include:
(A) Passage of an
examination;
(B) Completion of
approved training; or
(C) Certification by
a nationally recognized floodplain management organization.
(b) Continuing training may
be required for persons who want continued accreditation.
(c) The commission may charge
accreditation fees in amounts up to the following:
(1) Original
accreditation, thirty dollars ($30.00);
(2) Annual renewal of
accreditation, twenty dollars ($20.00); and
(3) Late fee for renewal
after thirty (30) days, fifteen dollars ($15.00).
(d)
(1) Accreditation fees
collected are cash funds and shall not be deposited in the State
Treasury.
(2) The cash funds shall
be held and applied by the commission solely for the uses under this
subchapter.
(3) The cash funds shall
not be deemed to be a part of the State Treasury for any purpose,
including, without limitation, the provisions of:
(1) Arkansas Constitution,
Article 5, 29;
(2) Arkansas Constitution,
Article 16, 12;
(3) Arkansas Constitution,
Amendment 20; or
(4) Any other constitutional
or statutory provision.
History. Acts 2003, No. 745, 5.
