The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According to the notice, comments must be submitted by March 7, 2018. 83 Fed. Reg. 5075.  The…

Unfortunately, USACE has audio technical problems with its first webinar on the draft 408 policy.  For those that are interested in downloading the Powerpoint, you can find it here.

Also, here is the draft guidance.  Remember, comments should be due on March 7 (30 days after Feb 5 if our…

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many communities are now sitting up and paying more attention to that question, “what if that happened here?” Here in Sacramento, where Hurricane Katrina served as a stark warning in 2005 of what can happen when a large storm event overwhelms a flood protection system, the State and local flood protection and maintenance agencies have been hard at work bringing urban levees up to higher standards of protection, consistent with the State’s Central Valley Flood Protection Plan. That Plan was required by Legislation passed in 2007 and paid for by a bond initiative passed by California voters in 2006 – both a clear response to the damage and loss of life in New Orleans due to Hurricane Katrina.

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an Executive Order with potentially far-reaching effects on flood management.

Guidance

As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers (USACE) claims jurisdiction to review and approve any alterations or encroachments to Federally authorized water resources facilities such as levees and channels. As a result, in the last few weeks the funds were all expended and, even after a $500,000 reprogramming, the USACE has only been able to fund a limited number of 408 reviews nationwide. In order to address this issue, and keep review moving, USACE just issued new guidance for a simpler form of funding USACE’s review.

Process

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is an amazing meeting of decision-makers and thought-leaders from around the country, with important topics discussed at a plenary session-only conference. And one of my favorite sessions is where the Director of Civil Works for the U.S. Army Corps of Engineers has a chance to present. Following are some high-level thoughts shared by Mr. Dalton on his June 21 Memorandum that we highlighted yesterday: