Difference between revisions of "748.9 Legal Aspects of Hydraulic Design"
m (→748.10.8 Levee Attachments: minor clarification)
m (748.10 Legal Aspects of Hydraulic Design moved to 748.9 Legal Aspects of Hydraulic Design: Per Bridge, renumbering due to moving EPG 748.7 to EPG 747)
Revision as of 08:29, 9 December 2014
- 1 748.10.1 Overview
- 2 748.10.2 Federal Laws
- 3 748.10.3 State Laws
- 4 748.10.4 Local Laws
- 5 748.10.5 Common Drainage Complaints
- 6 748.10.6 Significant Court Decisions
- 7 748.10.7 Negligence and Liability
- 8 748.10.8 Levee Attachments
- Natural drainage should be perpetuated as far as possible.
- Infliction of damage that could reasonably have been avoided is looked upon with disfavor by courts.
- Drainage law standards are becoming more flexible and depending more on the circumstances of each particular case. The designer is advised to consult with the Chief Counsel's Office on any matters involving potential legal liability or litigation.
748.10.2 Federal Laws
- National Environmental Policy Act of 1969 (NEPA) (42 USC 4321-4347) (23 CFR 771)
- National Flood Insurance Program (44 CFR 59-77)
- Navigable Waters (Section 404 Permits, Section 401 Water Quality Certification, etc.) (33 USC 1344)
- Fish and Wildlife regulations (endangered species, etc.)
748.10.3 State Laws
7188.8.131.52 Reasonable Use Rule
- Possessor is privileged to make reasonable use of his land even though alteration of flow of surface waters causes harm to others. Liability is incurred only when interference with flow of surface waters is deemed unreasonable.
- The definition of reasonable is unclear, and will vary on a case by case basis. However, the test for reasonableness should consider such items as the amount of harm caused, the foreseeability of harm and the purpose or motive of altering surface flows.
7184.108.40.206 Stream Water Rules
7220.127.116.11 Eminent Domain/Inverse Condemnation
748.10.4 Local Laws
748.10.5 Common Drainage Complaints
748.10.6 Significant Court Decisions
748.10.7 Negligence and Liability
748.10.8 Levee Attachments
Information concerning levees on MHTC right of way and roadway embankments versus levees is located in EPG 203 Roadway and Drainage Excavation, Embankment and Compaction.