[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR238.6]

[Page 318]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 238--WATER RESOURCES POLICIES AND AUTHORITIES: FLOOD DAMAGE REDUCTION MEASURES IN URBAN AREAS--Table of Contents
 
Sec. 238.6  General policy.

    (a) Satisfactory resolution of water damage problems in urban areas 
often involves cooperation between local non-Federal interests and the 
Federal flood control agencies. In urban or urbanizing areas, provision 
of a basic drainage system to collect and convey the local runoff to a 
stream is a non-Federal responsibility. This regulation should not be 
interpreted to extend the flood damage reduction program into a system 
of pipes traditionally recognized as a storm drainage system. Flood 
damage reduction works generally address discharges that represent a 
serious threat to life and property. The decision criteria outlined 
below therefore exclude from consideration under flood control 
authorities small streams and ditches with carrying capacities typical 
of storm sewer pipes. Location of political boundaries will not be used 
as a basis for specifying project responsibility. Project 
responsibilities can be specified as follows:
    (1) Flood damage reduction works, as defined in this regulation, may 
be accomplished by the Corps of Engineers.
    (2) Construction of storm sewer systems and components thereof will 
be a non-Federal responsibility. Non-Federal interests have a 
responsibility to design storm sewer systems so that residual damages 
are reduced to an acceptable level.
    (b) Consideration will be given to the objectives and requirements 
of Executive Order 11988 (reference Sec. 238.3(a)) and the general 
guidelines therefor by the U.S. Water Resources Council (reference 
Sec. 238.3(b)).