OCR Text |
Show tained in or on any floodway, and it is uncer- tain as to whether it will adversely affect the efficiency of or unduly restrict the capacity of the floodway, such person may file a verified written application with the Commission, set- ting forth the material facts, and the Commis- sion on hearing, shall enter an order, deter- mining the fact and permitting or prohibiting the same. The Commission shall have the power to remove or eliminate any structure, obstruction, deposit, or excavation in any floodway which adversely affects the efficiency of or unduly restricts the capacity of the floodway, by an action in condemnation, and in assessing the damages in such proceeding, the appraisers and the court shall take into consideration whether the structure, obstruction, deposit, or excavation is lawfully in or on the floodway. Ohio has a law which authorizes the establish- ment of Conservancy Districts in any watershed with the power of eminent domain over the streams and floodways within the district. Under that law Conservancy Districts have been established in the Muskingum, Scioto, Little Miami, and Miami River Basins within the Ohio River Basin. In summary, flood plain zoning in the Ohio River Basin may be accomplished at the present time un- der any one of three methods: on a voluntary basis by a city or county under police powers delegated to it by the State; under the authority of State laws in Indiana and Kentucky, with regard to intrastate streams, and under Conservancy District laws in Ohio; or as a measure of compliance by a State or local political subdivision as a condition of local co- operation imposed by the United States as a pre- requisite to the provision of a Federal flood control improvement. Conclusions (1) Flood plain zoning has not yet been used to great extent by local authorities in the Ohio River Basin. However, at least three States now have statutes establishing a legal basis for application of zoning in floodway areas. These three States, Indiana, Kentucky, and Ohio, may be expected to make studies of their water resources and take such positive action as they consider necessary and expedient relative to zoning. (2) The basin States generally should give fur- ther consideration to the adoption and enforcement of such laws to minimize future flood damages through prevention of the construction of vulner- able developments in areas susceptible to flooding. (3) The current practice of prohibiting en- croachments along improved channels or within floodways established in connection with Federal flood protection projects as a prerequisite to con- struction should be continued. (4) The desirability of employing zoning restric- tions should be established on the basis of its eco- nomic feasibility as compared to alternative measures. 695 |