<?xml version='1.0' encoding='utf-8'?>
<section number="32-207.07" name="Construction and Design Standards within the Floodplain — Development in Floodways" law="code" slug="sec-32-207.07" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_32WAREPRGRCO_DIV4FLOR_S32-207.07CODESTWIFLDEFL">
  <text>For proposed development that will encroach into a designated floodway, the applicant is required to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris. Proposed development in a designated floodway may be permitted only if:</text>
  <level label="a">
    <text>The applicant has been issued a permit by MDE; and</text>
  </level>
  <level label="b">
    <text>The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed professional engineer reflecting such changes, and the analyses, which shall be submitted to the Floodplain Administrator, demonstrate that the proposed activity will not result in any increase in the base flood elevation; or</text>
  </level>
  <level label="c">
    <text>If the analyses demonstrate that the proposed activities will result in an increase in the base flood elevation, the applicant has obtained a Conditional Letter of Map Revision and a Letter of Map Revision from FEMA upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.</text>
  </level>
</section>
