Government Decree No. 100 / 1999 Coll.
Government regulation on flood protection
Valid
Effective from 01.07.1999
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01.07.1999
01.06.1999
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100
GOVERNMENT REGULATION
of 28 April 1999
on protection against floods
The Government orders pursuant to Section 22 of Act No. 130 / 1974 Coll., on State Administration in the Water Economy, as amended ("the Act '), and for the implementation of Section 42 of Act No. 138 / 1973 Coll., on Water (Water Act), as amended:
DEFINITION OF CONSIDERATIONS
For the purposes of this Regulation:
(a) a temporary, significant increase in water flow levels or other surface waters which threaten to spill water from the trough or water already flooding the territory and may cause damage; the flood is also a condition where water from a particular territory cannot temporarily drain or the water drain is insufficient; the flood may be caused by natural phenomena or artificial influences,
(b) natural floods caused by natural phenomena, i.e. situations in which the area is at risk of flooding, or situations marked by a forecast flood service pursuant to § 6 (1) or by flood authorities, in particular:
1. the achievement of the water status or flow standard limit in water flow and its upward trend;
2. long lasting heavy rainfall, or forecast of danger of intense rainfall, expected sudden melting, dangerous ice running, or the emergence of dangerous ice jams and sores,
(c) a specific flood caused by artificial influences, i.e. situations which may arise in the construction or operation of water-works which raise or may raise water, in particular:
1. the disruption of the body of the radiant water-processing work,
2. failure of the gate structures of the waterworks discharge devices,
3. emergency resolution of critical situations in terms of the safety of the water works;
(d) measures to protect against flooding preventive measures, flood risk measures and post-flood measures;
(e) the degree of flood activity, the level of flood hazard linked to the standard limits, which are generally the water conditions or flows in the water flows profiles, or, where appropriate, the limits or critical values of another event specified in the relevant flood plan;
(f) flood plans documents which contain a way of ensuring timely and reliable information on flood development, the possibility of influencing the outflow regime, the organisation and preparation of security works; they shall also include a way of ensuring the timely activation of flood bodies, the security of reporting and patrol services and the protection of objects, the preparation and organisation of rescue work and the provision of flood disrupted functions in objects and territories and established standard levels of flood activity;
(g) flood inspections shall be carried out in order to ascertain whether there are no defects in water flows, water works and flood areas, or in objects or facilities situated in those territories which could increase the risk of flooding or its harmful effects;
(h) flood safety works technical measures carried out in the event of flood risk and at the time of flood on water flows, where appropriate on structures and facilities on water flows, land at water flows and in flood areas (1) to mitigate the course of the flood and its harmful consequences;
(i) flood rescue operations carried out at the time of the flood in the immediately endangered or already flooded territories to save lives and property, in particular the protection and evacuation of the population of those territories, care for them for the necessary period of time, the rescue of the property and its relocation outside the vulnerable territory.
MEASURES TO PROTECT FROM FRUIT
Types of flood protection measures
(1) Preventive measures are:
(a) flood plans;
(b) flood inspections;
(c) preparation of forecast and reporting flood service;
(d) organisational and technical preparation of flood protection;
(e) the creation of material flood reserves;
(f) the setting up of flood areas;
(g) the clearance of flood areas;
(h) preparation of flood protection participants.
(2) Measures at flood risk and at flood time are:
(a) the operation of a forecast flood service;
(b) the operation of the reporting flood service;
(c) warnings for flood hazards caused by natural phenomena and artificial influences;
(d) establishment and operation of patrol services;
(e) controlled influence on outflow ratios;
(f) flood protection work;
(g) flood rescue work;
(h) the provision of replacement functions and services in the area affected by flooding;
(i) accounting and documentation work.
(3) The measures following the flood are:
(a) restoration of flood-impaired functions in the affected territory;
(b) detection and valuation of flood damage;
(c) the removal of flood damage;
(d) identification of the causes adversely affecting the course of the flood and the resolution of its correction;
(e) documentation work and assessment of the flood situation.
(4) Measures to protect against floods within the meaning of Articles 17 to 21 of the Act and of this Regulation are not government building, maintenance and repair of buildings and other installations used to protect against floods, river basin management and flood-related activities.
Degree of flood activity
(1) The scope of the measures to protect against floods is governed by the risks or developments of the flood situation, which is expressed by the following 3 stages of flood activity:
(a) the first stage (alert state) occurs at the risk of natural flooding and ceases if the causes of such danger are lost; requires increased attention to the water flow or other source of flood hazard, a reporting and patrol service commences; This situation occurs on the water works when the limits of the observed phenomena and facts are reached from the point of view of the safety of the work or when exceptional circumstances are identified which could lead to a danger of a special flood,
(b) the second stage (alert state) shall be declared if the risk of natural flooding is caused by flooding and flooding outside the trough; it shall also be declared when the limit values of the observed phenomena and the facts on the water works are exceeded in terms of its safety; flood authorities and other flood protection actors shall be activated, means of security work shall be put on alert, measures shall be taken to mitigate flood performance in accordance with the flood plan,
(c) the third degree (threat status) shall be declared at the risk of major damage, of life and property in the flood area; it is also announced when critical values of the monitored phenomena are reached (2) and the facts on the aquatic work in terms of its safety at the same time as emergency measures are initiated; security and rescue or evacuation operations shall be carried out as required.
(2) The second and third stages of flood activity are declared and withdrawn by flood authorities in their territorial district. 3) The basis for their announcement shall be the achievement of the standard level or flow limits set out in the flood plans, the report of the forecast or reporting flood service, the recommendations of the water flow manager, the notification of the owner or user of the water works, or any other facts characterising the level of flood hazard. It shall inform the flood authority of the announcement of flood activity in its territorial district according to the flood plan.
(3) The standard limits for water conditions for the declaration of second and third degree of flood activity are contained in flood plans.
Flood plans
(1) The content of flood plans is divided into:
(a) a material part which includes the data necessary to ensure protection against flooding of a particular object, municipality, integrated basin or other territorial unit and the standard limits for declaring degrees of flood activity;
(b) the organisational part containing the names, addresses and means of connecting flood protection participants and tasks for individual flood protection participants, including the organisation of reporting and patrol services;
(c) a graphic part which, as a general rule, contains maps or plans on which the flood areas, evacuation routes and concentration points, reporting profiles and information points are drawn.
(2) The plans of the territorial units are:
(a) flood plans of the municipalities which process the flood authorities of the municipalities in whose territorial districts a flood may occur;
(b) flood plans for districts processed by district authorities;
(c) flood plans for integrated river basins, which are processed by water management authorities of significant water flows in cooperation with the river basin management authorities;
d) Flood plan of the Czech Republic, which is processed by the Ministry of the Environment .4)
(3) For flood-vulnerable properties situated in the flood-land or deteriorating the flood, (5) the flood plans shall be processed by their owners or, where appropriate, by users on the basis of a decision of the water-management authority in which the water-management authority determines the extent of the treatment of the flood plan.
(4) In the case of flood plans for territorial units (paragraph 2), processors shall examine the current nature of those plans on an annual basis, as a rule before the spring melt period, and shall provide evidence thereof. In the case of other flood plans (paragraph 3), processors shall verify their current status with a substantial change in conditions. Where the examination results in the need to modify or supplement the flood plan, processors shall do so without delay.
(5) The material and graphic part of the flood plan and its changes are submitted by processors to the competent water authority to confirm compliance with the flood plan of the higher level flood authority. The verification of compliance and acceptance shall make the material and graphic part of the flood plan binding. The organisational part of the flood plan shall be kept up to date by processors and provided for use by flood authorities and other flood protection participants.
Flood inspections
(1) Flood inspections shall be organised and carried out by flood authorities in accordance with flood plans at least once a year, as a general rule before spring thaw or summer rainfall.
(2) If the flood authorities detect objects or equipment during a flood inspection which may cause deterioration of the drains or blockage of the watercourse, they shall, in accordance with the special legislation6, store their disposal.
Prediction and reporting flood service
(1) The forecast flood service shall inform flood authorities or other flood protection participants, where appropriate, of the possibility of natural flooding and other dangerous developments, of the hydrometeorological elements characterising flood formation and development, in particular of precipitation, water conditions and flows in selected profiles. This service is provided by the Czech Hydrometeorological Institute in cooperation with water management authorities [§ 16 (e)].
(2) The report flood service provides information to flood warning authorities at the place of expected natural or special flooding and at the places below at the water stream, informing flood authorities and flood protection participants of the development of flood situations and transmitting the reports and reports needed to evaluate and manage flood protection measures. The flood service is organised by the flood authorities of municipalities and districts and is attended by other flood protection participants. 7) The flood authorities of the municipalities organise a patrol service, if necessary, to ensure reporting flood services.
(3) The owner (user) of the water works notifies the risk of a special flood flood to flood authorities and warns immediately at risk operators.
Flood safety and rescue work
(1) Flood safety works are in particular:
(a) removal of obstacles in the water flow and in the profile of objects (passes, bridges) making it impossible to flow smoothly;
(b) agitation of ice cells and constipation on the water flow,
(c) protection of the riverbed and banks against flood-flow disturbances and the provision of shore-side cracks;
(d) measures to prevent overflow or rupture of the protective barriers;
(e) measures to prevent the overflow or rupture of waterworks holding water,
(f) temporary closure of broken dams,
(g) installation of flood barriers;
(h) measures to prevent the return of water, in particular to sewerage;
(i) measures to reduce water pollution.
(2) The watercourses managers and the owners (users) of the objects concerned shall carry out their own assessment of the situation or at the request of the flood authorities. The security operations which may affect the outflow conditions and the course of the flood shall be coordinated in cooperation with the relevant water-relevant water-flow manager on the whole water flow or integrated basin. The safety work carried out on the Category I and Category II waterworks in view of technical technical safety oversight, (8) which may jeopardise the safety of the work, shall be discussed with the organisation responsible for carrying out the technical safety oversight, unless there is a risk of delay.
(3) Flood protection services are provided by flood authorities in cooperation with other flood protection actors.
Documentation and evaluation of floods
(1) The purpose of the dossier is to ensure objective records of the course of the flood, of the measures taken to protect against flooding, of the cause and extent of damage and of other circumstances related to flooding. Documentation to be obtained
(a) records in the flood book;
(b) continuous recording of water conditions and flows;
(c) continuous recording of data on the operation of waterworks affecting the course of the flood;
(d) marking the maximum reached water level;
(e) targeting and drawing the flood;
(f) monitoring the quality of water and possible sources of pollution;
(g) photographic images and film recordings;
(h) field surveys and surveys;
(i) assessment of flood and processing of flood reports.
(2) The flood management authorities of municipalities and counties and flood protection participants required by this Regulation process a flood report in which flood activity has been declared [§ 3 (1) (b) and (c)], flood damage has occurred or flood protection and rescue work has been carried out. The flood authorities shall carry out an assessment of the flood, which shall include an analysis of the causes and course of the flood, a description and an assessment of the effectiveness of the measures carried out, the scale and expert estimate of the amount of the flood damage and a proposal for measures to eliminate the effects of the flood. The report shall be processed within 1 month of the end of the flood, where necessary by more extensive documentation work, an additional evaluation shall be carried out within 6 months of the end of the flood.
(3) The records of the assessed floods are provided by the water-relevant watercourses managers and from the perspective of the hydrological Czech hydrometeorological institute.
(4) The flood report is transmitted by the flood authority for use by a higher level flood authority.
Water authorities of municipalities
Flood authorities 9) in the framework of the provision of flood protection measures
(a) confirm compliance of the material and graphic part of the flood plans of owners (users) of real estate, if they are located in the flood area or deteriorate the flood (§ 4 (3)) with the municipal flood plan;
(b) process the municipality's flood plan and approve it on the basis of the expert opinion of the water flow manager and the provincial authority's confirmation of compliance of the municipality's flood plan with the district's flood plan;
(c) carry out flood inspections;
(d) provide the labour force and the means of action to carry out rescue work and to provide replacement functions within the territory;
(e) examine the preparedness of the protection participants in accordance with flood plans;
(f) organise and provide a flood and patrol service, ensure the warnings of legal and natural persons in the municipality using the civil protection warning system;
(g) inform the flood authorities of neighbouring municipalities and the district flood authority of the danger and the course of the flood;
(h) declare and withdraw degrees of flood activity within the territorial scope;
(i) organise, manage and coordinate flood protection measures in accordance with flood plans and, where necessary, require personal and material assistance from authorities, legal and natural persons;
j) ensure evacuation and return, temporary accommodation and catering of evacuated citizens, provide further rescue work in the public interest;
(k) provide the necessary hygiene and health care, organise replacement supplies, transport and other flood-impaired functions within the territory;
(l) carry out post-flood inspections, establish the extent and amount of flood damage, establish the effectiveness of the measures carried out and report on flood to the district's flood authority;
(m) keep records in the flood book.
Water authorities of the counties
Flood authorities of the countries10) in the framework of the provision of flood protection measures
(a) confirm compliance of the material and graphic part of the flood plans submitted to them by the municipalities with the district flood plan;
(b) process the district flood plan, approve it after submission to water management authorities of relevant water flows for a professional opinion and the Ministry of the Environment to assess compliance of the material and graphic part with the integrated river basin flood plan;
(c) organise flood inspections;
(d) examine the preparedness of the protection participants in accordance with flood plans;
(e) organise and manage a reporting flood service on the territory of the district, inform the flood authorities of neighbouring counties, the competent water management and the Czech hydrometeorological institute of the danger and course of the flood,
(f) declare and withdraw degrees of flood activity within the territorial scope;
(g) organise, manage and coordinate flood protection measures in accordance with flood plans, manage and coordinate measures implemented by the flood authorities of municipalities and, where necessary, require personal and material assistance from authorities, legal and natural persons;
(h) use, for the management of rescue work, for their coordination with the components of the integrated rescue system and for the connection with the rescue sites, the district fire brigade's operational centre;
(i) in the cases necessary, order extraordinary handling of water-works in excess of the approved operating rules with a possible range within the district;
j) in case of danger of delay, require assistance from the Army of the Czech Republic, 11)
(k) cooperate with the flood authorities of municipalities in the provision of sanitary and medical care, organise replacement supplies, transport and other water-damaged functions within the territory;
(l) concentrate reports on the extent and amount of flood damage, assess the effectiveness of the measures carried out and prepare a comprehensive flood assessment report;
(m) keep records in the flood book;
(n) organise professional training and training for flood workers and flood protection participants;
(o) impose on owners (users) of waterworks, as appropriate, adjustments to the rules for flood protection.
Flood board of integrated basins
Flood board of integrated basins within the framework of the security of tasks at the time of flood
(a) participate in the reporting flood service on the territory of the integrated basin, inform the flood authorities of the districts, the Czech Hydrometeorological Institute and the Ministry of the Environment about the danger and course of the flood,
(b) declare and withdraw the degrees of flood activity in the territory of the integrated basin;
(c) manage the influencing of drains in integrated river basins by manipulating water-works in the framework of handling orders; order, after consultation with the relevant flood authorities of the counties (if there is a risk of delay only), exceptional handling of water-works in excess of the approved handling rules with possible reach within the integrated basin,
(d) assess the impact of watercourses and waterworks on the outflow and coordinate their implementation;
(e) keep records in the flood book.
Ministry of Environment
Ministry of Environment in the framework of flood protection measures
(a) manage methodically the preparation of flood protection measures, in particular the processing, submission and approval of flood plans, the organisation of forecasting and reporting flood services;
(b) it shall, after consultation with the authorities concerned, process and submit to the Central Flood Commission,
c) ensures and confirms compliance of flood plans of districts with flood plans of integrated basins and flood plans of integrated basins with the Water Plan of the Czech Republic;
(d) participate in the reporting flood service, prepare technical documentation for possible takeover of flood management by the Central Flood Commission, provide information to the media;
(e) provide research and documentation work on a larger scale (aerial observations, imaging, etc.);
(f) organise training for county officials.
Central Flood Commission of the Czech Republic
Central Flood Commission of the Czech Republic in the framework of the performance of tasks at the time of flood
(a) inform the Government of the Czech Republic of the progress and consequences of the floods;
b) declares and withdraws degrees of flood activity in the Czech Republic;
(c) order extraordinary handling of water-works beyond the approved handling order with a possible range exceeding the integrated water catchment area;
(d) keep records in the flood book;
(e) coordinate and control the activities of flood committees of integrated river basins and flood councils of counties.
Taking over flood protection management
If the flood authority of a higher degree of flood protection management is obliged to notify the relevant flood authorities of the date and time of taking over, the scope of cooperation, the termination of flood protection management and to make a record of it in the flood book. The lower level water authorities shall continue to operate, implement their own measures in coordination or in accordance with the guidelines of the higher level flood authority.
Watercourses managers
Watercourses managers in the framework of the provision of flood protection measures
(a) develop expert opinions on the flood plans of municipalities;
(b) carry out flood inspections on watercourses in cooperation with the flood authorities of the counties;
(c) design flood areas;
(d) propose to the competent authorities that they impose on owners (users) of water works or other properties on watercourses and in the flood area the obligation to implement the necessary measures to protect against flooding;
(e) provide the workforce and the means of action to carry out the most necessary watercourses security work;
(f) at a time of flood risk, ensure the availability of their workers and the availability of material resources and verify their preparedness according to flood plans;
(g) monitor on water courses all the phenomena relevant to the formation and course of the flood, in particular the process and extent of freezing, the formation of dangerous ice jams and sockets, the process of melting and running ice, water conditions and flow rates, or the accumulation of floating objects where appropriate;
h) participate in the reporting flood service, inform the flood authorities of the districts, the competent water-relevant water-flow manager and the workplace of the Czech hydrometeorological institute of the danger and course of the flood,
(i) provide professional assistance to flood councils of municipalities and districts;
(j) propose to flood authorities the announcement or withdrawal of levels of flood activity;
(k) carry out water-flow security work and take further measures in accordance with flood plans;
(l) provide documentation of the course of the flood on water flows,
(m) after the flood, carry out water flow inspections, identify the extent and amount of flood damage, assess the effectiveness of the measures carried out and process the flood report and transmit it to the district flood authority, the competent water-relevant water-flow manager and the workplace of the Czech hydrometeorological institute;
(n) remove flood damage on water streams, in particular providing critical points in the event of further flooding, restoring the flow profile.
Water-relevant watercourses managers
Water management (12) in the framework of the provision of flood protection measures in addition to the tasks of the flow manager pursuant to § 15
(a) develop expert opinions on district flood plans and submit them to the Ministry of the Environment;
(b) process flood plans of integrated basins and submit them to the Ministry of the Environment for consideration and approval, and provide statements thereof to the district flood authorities;
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Regulation Information
| Citation | Government Regulation No. 100 / 1999 Coll., on flood protection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.06.1999 |
|---|---|
| Effective from | 01.07.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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