[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR238.6]



[Page 327]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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)).