31-1001. Legislative findings; purpose of sections. (1) The Legislature finds that recurrent flooding in various areas of the state presents serious hazards to the health, safety, welfare, and property of the people of the state, both within and outside such areas. The hazards include loss of life, loss of and damage to private and public […]
31-1002. Definitions, where found. For purposes of sections 31-1001 to 31-1023, unless the context otherwise requires, the definitions in sections 31-1003 to 31-1016 shall apply. Source Laws 1983, LB 35, § 2; Laws 1993, LB 626, § 2.
31-1003. Department, defined. Department shall mean the Department of Natural Resources. Source Laws 1983, LB 35, § 3; Laws 2000, LB 900, § 75.
31-1005. Base flood, defined. Base flood shall mean the flood having a one percent chance of being equalled or exceeded in magnitude in any given year. Source Laws 1983, LB 35, § 5.
31-1006. Drainway, defined. Drainway shall mean any depression two feet or more below the land which serves to give direction to a current of water less than nine months of the year, and which has a bed and well-defined banks. Source Laws 1983, LB 35, § 6.
31-1007. Flood, defined. Flood shall mean the water of any watercourse or drainway which is above the bank or outside the channel and banks of such watercourse or drainway. Source Laws 1983, LB 35, § 7.
31-1008. Floodway, defined. Floodway shall mean the channel of a watercourse or drainway and the adjacent land areas that are necessary to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a reasonable height, as designated by the department. Source Laws 1983, LB 35, § 8; […]
31-1009. Flood fringe, defined. Flood fringe shall mean that portion of the flood plain of the base flood which is outside of the floodway. Source Laws 1983, LB 35, § 9.
31-101. Ditches; drains; watercourses; county board; powers. The county board of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened, any ditch, drain or watercourse, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road, or railroad, […]
31-101.01. Drainage ditches and improvements; construction under prior law; treatment. After June 30, 1972, no drainage ditches or other improvements shall be initiated under the provisions of sections 31-101 to 31-134. All drainage ditches or other improvements which have been approved as provided for by section 31-107 before July 1, 1972, shall not be affected […]
31-1010. Flood plain, defined. Flood plain shall mean the area adjoining a watercourse or drainway which has been or may be covered by flood waters. Source Laws 1983, LB 35, § 10.
31-1011. Flood plain management, defined. Flood plain management shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, flood control works and flood plain management regulations. Source Laws 1983, LB 35, § 11.
31-1012. Flood plain management regulations, defined. Flood plain management regulations shall mean and include zoning ordinances, subdivision regulations, building codes, and other applications of the police power which are authorized by law to secure safety from floods and provide for the reasonable and prudent use of flood plains. Source Laws 1983, LB 35, § 12.
31-1013. Local government, defined. Local government shall mean a county, city, or village in the state. Source Laws 1983, LB 35, § 13.
31-1014. National flood insurance program, defined. National flood insurance program shall mean the program authorized by the United States Congress under the National Flood Insurance Act of 1968, as amended, 42 U.S.C., 4001 to 4128. Source Laws 1983, LB 35, § 14.
31-1015. Obstruction, defined. Obstruction shall mean any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting […]
31-1016. Watercourse, defined. Watercourse shall mean any depression two feet or more below the surrounding land which serves to give direction to a current of water at least nine months of the year and which has a bed and well-defined banks. Source Laws 1983, LB 35, § 16.
31-1017. Department; flood plain management; powers and duties. The department shall be the official state agency for all matters pertaining to flood plain management. In carrying out that function, the department shall have the power and authority to: (1) Coordinate flood plain management activities of local, state, and federal agencies; (2) Receive federal funds intended […]
31-1018. Preparation of flood hazard data and maps; department; duties; considerations. In determining areas of the state for which state-prepared flood hazard data and maps are needed by local governments or by state or federal agencies and the order in which such data and maps are to be prepared, the department shall consider the following […]
31-1019. Local government; flood plain management; duties. When the department, a federal agency, or any other entity has provided a local government with sufficient data and maps with which to reasonably locate within its zoning jurisdiction any portion of the flood plain for the base flood of any watercourse or drainway, it shall be the […]
