It is the policy of the FHWA:
(a) To encourage a broad and unified effort to prevent uneconomic, hazardous or incompatible use and development of the Nation's flood plains,
(b) To avoid longitudinal encroachments, where practicable,
(c) To avoid significant encroachments, where practicable,
(d) To minimize impacts of highway agency actions which adversely affect base flood plains,
(e) To restore and preserve the natural and beneficial flood-plain values that are adversely impacted by highway agency actions,
(f) To avoid support of incompatible flood-plain development,
(g) To be consistent with the intent of the Standards and Criteria of the National Flood Insurance Program, where appropriate, and
(h) To incorporate “A Unified National Program for Floodplain Management” of the Water Resources Council into FHWA procedures.
Notes of Decisions
Prairie Band Pottawatomie Nation v. Fed. High. Admin., 684 F.3d 1002 (10th Cir. 2012).
“” 23 C.F.R. § 650.103 . The regulations distinguish between an “encroachment,” which includes any “action within the limits of *1019 the base flood plain,” and “significant encroachment,” which is defined as: a highway encroachment and any direct support of likely base…”
Friends of Congaree Swamp v. Fed. High. Admin., 786 F. Supp. 2d 1054 (D.S.C. 2011).
“(quoting 23 C.F.R. § 650.103 (c) & (d)). Plaintiffs further allege that, before the EA process began, “[SC]DOT had already decided the design plans it intended to use,” as evidenced by a March 2003 memo that “lays out practically the exact design as it was ‘chosen’ in the EA and…”
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