Executive Order

Executive Order No. 149: Provisions for state coordination and participation with the federal administration under the National Flood Insurance Act of 1968, as amended, and rules and regulations promulgated thereunder

Date: 11/29/1978
Issuer: Michael S. Dukakis
Mass Register: No. 135

Table of Contents

WHEREAS, uneconomic uses of the Commonwealth's flood plains are occurring and the potential for flood losses continues to increase despite substantial efforts to control floods; and

WHEREAS, national, state and local studies of areas and property subject to flooding indicate a further increase in flood damage potential and flood losses, even with continuing investment in flood protection structures; and

WHEREAS, the Commonwealth of Massachusetts has extensive and continuing programs of the construction of buildings, roads, and other facilities and annually acquires and disposes of lands in flood hazard areas, all of which activities significantly influence patterns of commercial, residential, and industrial development; and

WHEREAS, the availability of programs for federal loans and mortgage insurance, state financial assistance, and land use planning are determining factors in the utilization of lands; and

WHEREAS, the availability of flood insurance under the National Flood Insurance Program, as provided by the National Flood Insurance Act of 1968, as amended, requires that a state agency be assigned to the coordination of federal, state and local aspects of flood plain, mudslide and flood-related erosion area management activities in the state; and

WHEREAS, the Massachusetts Water Resources Commission is the state agency responsible for state level programs for flood prevention, flood control, and flood protection, as provided by M.G.L. c.21, §9;

NOW, THEREFORE, I, MICHAEL S. DUKAKIS, by virtue of the authority vested in me as Governor of the Commonwealth of Massachusetts, do order and direct:

1. The Water Resources Commission is hereby designated as the state coordinating agency to assist in the implementation of the National Flood Insurance Program, 24 CFR §1909 et al. (1977) The Water Resources Commission is further designated as the state agency to implement the flood plain management criteria for state-owned properties in special hazard areas, as set forth in 24 CFR §19l0.12 (1977). Pursuant to this designation, the Commission shall encourage a broad and unified effort to prevent uneconomic uses and development of the state's flood plains, and in particular, to alleviate the risk of flood losses to state lands and installations and state- financed or supported improvements. Specifically:

(i.) Under the leadership and direction of the Water Resources Commission, all state agencies directly responsible for the construction of all structures, roads or other facilities shall, to the extent possible, avoid the use of flood plains in connect- ion with such facilities. In the event that construction of such facilities in a flood plain cannot be avoided, the flood plain management criteria set forth in 24 CFR §§1910.3, 1910.4, and 19l0.5 shall be observed when applicable. Flood-proofing measures shall be applied to existing state facilities where possible in order to reduce the potential for future flood damage.

(ii.) All state agencies responsible for the administration of grant or loan programs, involving the construction of structures, roads, or other facilities shall evaluate potential flood hazards to such facilities and, in order to minimize both the exposure of such facilities to flood damage and the need for future state expenditures for flood protection and disaster relief, shall to the extent possible avoid the use of flood plains for such construction.

(iii.) All state agencies responsible for the disposal of lands or properties shall, prior to disposal, a) evaluate flood hazards in connection with such lands or properties and b) attach such restrictions with respect to their use as are necessary to minimize future state expenditures for flood protection and disaster relief. In carrying out the purposes of this paragraph, each state agency may make allowance for any estimated reduction in fair market value resulting from the incorporation of use restrictions in the disposal documents.

iv.) All state agencies responsible for programs which affect land use planning, including state permit programs, shall take flood hazards into account when evaluating plans, and encourage land use appropriate to the degree of hazard involved.

2. The Water Resources Commission is hereby designated as the agency responsible for making recommendations as to areas in the state eligible for hydrological ratemaking studies as required by the rules and regulations of the Federal Insurance Administration.

Given at the Executive Chamber in Boston this 29th day of November in the year of our Lord one thousand nine hundred and seventy-eight and of the Independence of the United States of America the two hundred and second.

MICHAEL S. DUKAKIS

Governor

COMMONWEALTH OF MASSACHUSETTS

PAUL GUZZI

Secretary of the Commonwealth

Contact for No. 149: Provisions for state coordination and participation with the federal administration under the National Flood Insurance Act of 1968, as amended, and rules and regulations promulgated thereunder

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